QuestionsQuestions (Republic Act No. 7438)
RA 7438 declares the policy of the State to value the dignity of every human being and guarantee full respect for human rights.
Such person must be at all times assisted by counsel. Public officers must also inform him of the right to remain silent and to have competent and independent counsel.
The officer must inform the person, in a language known and understood by him, of his rights to remain silent and to have competent and independent counsel, preferably of his own choice.
He must be provided with competent and independent counsel by the investigating officer.
It must be reduced to writing; before signing or thumbmarking, the report must be read and adequately explained to the person by counsel (or assisting counsel) in a language/dialect he knows; otherwise, the report is null and void and of no effect.
It must be in writing and signed by the person in the presence of his counsel (or counsel’s absence upon a valid waiver), and in the presence of any of the listed persons (e.g., parents, elder siblings, spouse, municipal mayor/judge, school supervisor, priest/minister) as chosen by him; otherwise, it is inadmissible.
Any such waiver must be in writing and signed in the presence of counsel; otherwise it is null and void and of no effect.
He must be allowed visits by or conferences with members of his immediate family, or a medical doctor, or priest/religious minister chosen by him or family/counsel, and also by a CHR-accredited NGO or an internationally accredited NGO; ‘immediate family’ includes the listed relatives and guardian/ward.
It includes the practice of issuing an ‘invitation’ to a person investigated in connection with an offense he is suspected to have committed, without prejudice to liability of the inviting officer for violations.
Assisting counsel is a lawyer except those directly affected by the case, those charged with conducting preliminary investigation, or those charged with prosecution of crimes.
In the absence of any lawyer, no custodial investigation shall be conducted; the suspected person can only be detained by the investigating officer in accordance with Article 125 of the Revised Penal Code.
The fee is paid by the city or municipality where the custodial investigation is conducted; if it cannot pay, the province pays after the Municipal/City Treasurer certifies that no funds are available.
The arresting or investigating public officer who fails to inform shall suffer a fine of ₱6,000 or imprisonment of not less than 8 years but not more than 10 years, or both. Perpetual absolute disqualification is also imposed on the investigating officer if previously convicted of a similar offense.
The same penalties as for failure to inform of rights apply to the public officer/investigating officer or anyone acting upon his orders or in his place.
Imprisonment of not less than 4 years and a fine of ₱4,000, including preventing private conferences, examination/treatment, or spiritual ministering at any hour, or in urgent cases, at night.
No. It provides that notwithstanding the penalty provisions, a security officer with custodial responsibility may undertake reasonable measures to secure safety and prevent escape.