Question & AnswerQ&A (Republic Act No. 7438)
The policy of the State is to value the dignity of every human being and guarantee full respect for human rights.
Any person arrested, detained, or under custodial investigation shall at all times be assisted by counsel.
The person must be informed of their rights to remain silent and to have competent and independent counsel, preferably of their own choice.
They must be provided with a competent and independent counsel by the investigating officer.
The report must be reduced to writing, read, and adequately explained to the person arrested by their counsel or assisting counsel before they sign or thumbmark it. Otherwise, the report is null and void.
It must be in writing, signed in the presence of the person's counsel or with a valid waiver, and in the presence of a parent, elder sibling, spouse, municipal officials, a school supervisor, or a priest/ministers chosen by the person.
Immediate family includes spouse, fiancé or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.
Custodial investigation includes the practice of issuing an "invitation" to a person investigated in connection with an offense they are suspected to have committed.
Any lawyer except those directly affected by the case, those charged with conducting the preliminary investigation, or those charged with prosecuting crimes.
P150 for light felonies, P250 for less grave or grave felonies, and P350 for capital offenses.
The city or municipality where the custodial investigation is conducted pays the fees. If they cannot pay, then the province pays.
They face a fine of P6,000 or imprisonment of 8 to 10 years, or both, plus perpetual absolute disqualification if previously convicted of a similar offense.
The same penalties as for failure to inform of rights: fine of P6,000 or imprisonment of 8 to 10 years, or both.
Imprisonment of at least 4 years and a fine of P4,000.
They may undertake reasonable measures necessary to secure the detainee's safety and prevent escape.
No custodial investigation shall be conducted; the person can only be detained in accordance with Article 125 of the Revised Penal Code.
15 days following its publication in the Official Gazette or in any daily newspaper of general circulation in the Philippines.
Republic Act No. 857, as amended, is repealed by this Act.