Title
Supreme Court
Rights of arrested persons and duties of officers
Law
Republic Act No. 7438
Decision Date
Apr 27, 1992
Republic Act No. 7438: Rights of Persons Arrested, Detained, or Under Custodial Investigation is a Philippine law that guarantees the right to counsel, explains custodial investigation reports, allows visitation rights, and imposes consequences for non-compliance, all in an effort to protect the rights of individuals in these situations.

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.

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