Rights of arrested persons and duties of officers

Rights during arrest or custodial investigation

Section 2 requires that any person arrested, detained, or under custodial investigation be assisted by counsel at all times.
Section 2 requires informing the person in a language known to and understood by him of:
- the right to remain silent, and
- the right to have competent and independent counsel, preferably of his own choice.
Section 2 mandates that counsel must be allowed to confer privately with the person arrested, detained, or under custodial investigation.
Section 2 requires that if the person cannot afford his own counsel, the investigating officer must provide a competent and independent counsel.
Section 2 requires that before signing or thumb-marking the custodial investigation report, the report must be:
- read and adequately explained by counsel or assisting counsel, and
- done in the language or dialect known to the arrested or detained person.
Section 2 provides that a custodial investigation report is null and void and of no effect whatsoever if it is not read and adequately explained before it is signed or thumb-marked.
Section 2 limits extrajudicial confessions by requiring that:
- any extrajudicial confession must be in writing and signed by the person, and
- it must be made in the presence of his counsel, or in the counsel’s absence only upon a valid waiver.
Section 2 requires further that extrajudicial confessions must be made in the presence of at least one of the following as chosen by the person:
- parents, elder brothers and sisters, spouse,
- municipal mayor, municipal judge, district school supervisor, or
- priest or minister of the gospel.
Section 2 provides that otherwise, the extrajudicial confession is inadmissible as evidence in any proceeding.
Section 2 requires that any waiver by a person arrested or detained under Article 125 of the Revised Penal Code, or under custodial investigation, must be in writing and signed in the presence of his counsel; otherwise the waiver is null and void and of no effect.
Section 2 grants the person arrested or detained the right to visits by or conferences with:
- any member of his immediate family, or
- any medical doctor, or
- any priest or religious minister chosen by him or by any member of his immediate family or by his counsel, or
- any national non-government organization duly accredited by the Commission on Human Rights or any international non-governmental organization duly accredited by the Office of the President.
Section 2 defines “immediate family” to include:
- spouse, fiance or fiancee, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.
Section 2 defines “custodial investigation” to include the practice of issuing an “invitation” to a person investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the “inviting” officer for any violation of law.

Duties of arresting, detaining, investigating officers

Section 2 requires public officers or employees who arrest, detain, or investigate to inform the person—using a language known to and understood by him—of the rights to remain silent and to competent and independent counsel.
Section 2 requires that the provided counsel must be competent and independent and must be allowed private consultations with the person.
Section 2 requires the investigating officer to reduce the custodial investigation report to writing.
Section 2 requires that, before signature or thumb-mark, the report must be read and adequately explained to the person by counsel or assisting counsel in the language or dialect known to him.
Section 2 requires that any extrajudicial confession be in writing, signed in the presence of counsel (or upon valid waiver in counsel’s absence), and made with the required chosen witnesses as listed in the law.
Section 2 requires that waivers must be in writing and signed in the presence of counsel for validity.
Section 2 requires that the person be allowed visits and conferences with those authorized in the law, and conferences with accredited national or international NGOs as listed.

Assisting counsel requirements and qualifications

Section 3 defines assisting counsel as any lawyer except:
- those directly affected by the case,
- those charged with conducting preliminary investigation, or
- those charged with the prosecution of crimes.
Section 3 sets the fee schedule for assisting counsel other than government lawyers:
- PHP 150.00 if the suspected person is chargeable with light felonies,
- PHP 250.00 if chargeable with less grave or grave felonies,
- PHP 350.00 if the suspect is chargeable with a capital offense.
Section 3 requires payment of the assisting counsel fee by the city or municipality where the custodial investigation is conducted.
Section 3 provides that if the city or municipality cannot pay, the province comprising such municipality or city must pay the fee.
Section 3 requires that the Municipal or City Treasurer certify that no funds are available before the province pays the fees.
Section 3 mandates that in the absence of any lawyer, no custodial investigation shall be conducted, and the suspected person can only be detained by the investigating officer in accordance with Article 125 of the Revised Penal Code.

Penalties for violations and obstruction

Section 4 imposes penalties on an arresting public officer or employee or an investigating officer who fails to inform the person arrested, detained, or under custodial investigation of:
- the right to remain silent, and
- the right to competent and independent counsel preferably of his own choice.
Section 4 sets the penalty for failure to inform as:
- a fine of PHP 6,000.00, or
- imprisonment of not less than eight (8) years but not more than ten (10) years, or both.
Section 4 requires that perpetual absolute disqualification be imposed upon the investigating officer who has been previously convicted of a similar offense.
Section 4 imposes the same penalties on:
- a public officer or employee, or
- anyone acting upon orders of the investigating officer or in his place,
  who fails to provide competent and independent counsel to a person who cannot afford his own counsel.
Section 4 penalizes obstruction of access to counsel and family/authorized visitors by requiring that any person who obstructs, prevents, or prohibits:
- any lawyer,
- any member of the immediate family,
- any medical doctor,
- or any priest or religious minister chosen by the person or by immediate family or by counsel,
  from visiting and conferring privately, examining and treating, or ministering to spiritual needs at any hour of the day, or in urgent cases of the night, shall suffer:
- imprisonment of not less than four (4) years, and
- a fine of PHP 4,000.00.
Section 4 allows security officers with custodial responsibility over a detainee or prisoner to undertake reasonable measures necessary to secure safety and prevent escape, notwithstanding the prior penalty provisions.

Repeal and effectivity

Section 5 repeals Republic Act No. 857, as amended.
Section 5 repeals or modifies other laws, presidential decrees, executive orders, rules and regulations, or parts thereof that are inconsistent with the Act.
Section 6 provides that the Act takes effect fifteen (15) days following its publication in the Official Gazette or in any daily newspaper of general circulation in the Philippines.
The Act was approved on April 27, 1992.