Law Summary
Rights of Persons Arrested, Detained, or under Custodial Investigation; Duties of Public Officers
- Persons arrested, detained, or under custodial investigation must be assisted by counsel at all times.
- Public officers must inform such persons in a language they understand about their right to remain silent and to have competent and independent counsel, preferably chosen by the person.
- If the person cannot afford counsel, one must be provided by the investigating officer.
- Custodial investigation reports must be written and fully explained to the person, with their counsel's assistance; otherwise, the report is null and void.
- Extrajudicial confessions must be in writing, signed in presence of counsel or valid waiver, and witnessed by designated persons; else, inadmissible as evidence.
- Waivers of rights must be in writing, signed in the presence of counsel; otherwise, void.
- Persons may have visits or conferences with immediate family members, medical doctors, priests/religious ministers, duly accredited NGOs.
- "Immediate family" is broadly defined to include various close relatives and legal guardians.
- "Custodial investigation" includes "invitations" issued to persons suspected of offenses without prejudice to liability of officers.
Assisting Counsel
- Assisting counsel excludes lawyers directly involved in the case or prosecution.
- Fees for assisting counsel vary by case severity:
- P150 for light felonies
- P250 for less grave or grave felonies
- P350 for capital offenses
- Fees to be paid by the city or municipality of investigation; if unable, then by the province.
- Municipal/City Treasurer must certify lack of funds before province pays.
- Without a lawyer, custodial investigation cannot proceed; detention only under Article 125, Revised Penal Code.
Penalty Clause
- Failure of officers to inform rights results in:
- Fine of P6,000 or imprisonment of 8 to 10 years, or both.
- Perpetual absolute disqualification if previously convicted of similar offense.
- Failure to provide counsel if person cannot afford one incurs same penalties.
- Obstruction of visits/conferences by lawyers, family, doctors, or clergy results in imprisonment of at least 4 years and fine of P4,000.
- Security officers may take reasonable measures to ensure detainee safety or prevent escape.
Repealing Clause
- Republic Act No. 857, as amended, is repealed.
- Other inconsistent laws, decrees, orders, rules, or regulations are repealed or modified accordingly.
Effectivity
- Act takes effect 15 days after publication in the Official Gazette or a daily newspaper of general circulation in the Philippines.