Ra 7438 Reviewer

Republic Act No.
7438
RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF
THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS
Duties of Public Officers
(a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates
any person for the commission of an offense shall inform the latter, in a language known to and understood by him, of
his rights to remain silent and to have competent and independent counsel, preferably of his own choice, who shall at
all times be allowed to confer privately with the person arrested, detained or under custodial investigation. If such
person cannot afford the services of his own counsel, he must be provided with a competent and independent
counsel by the investigating officer.
(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that before such
report is signed, or thumbmarked if the person arrested or detained does not know how to read and write, it shall be
read and adequately explained to him by his counsel or by the assisting counsel provided by the investigating officer
in the language or dialect known to such arrested or detained person, otherwise, such investigation report shall be
null and void and of no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in
writing and signed by such person in the presence of his counsel or in the latter's absence, upon a valid waiver, and
in the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal
judge, district school supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial
confession shall be inadmissible as evidence in any proceeding.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or
under custodial investigation, shall be in writing and signed by such person in the presence of his counsel; otherwise
the waiver shall be null and void and of no effect.
(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any
member of his immediate family, or any medical doctor or priest or religious minister chosen by him or by any
member of his immediate family or by his counsel, or by any national non-governmental organization duly accredited
by the Commission on Human Rights of by any international non-governmental organization duly accredited by the
Office of the President. The person's "immediate family" shall include his or her spouse, fiancé or fiancée, parent or
child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.
WHO ARE LIABLE AND ITS PENALTIES
(a) Any arresting public officer or employee, or any investigating officer, who fails to inform any person arrested, detained or
under custodial investigation of his right to remain silent and to have competent and independent counsel preferably of his
own choice
PENALTY: Fine of P6,000.00 or imprisonment of 8 years to ten (10) years, or both
(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of a person arrested,
detained or under custodial investigation, or any medical doctor or priest or religious minister chosen by him or by any
member of his immediate family or by his counsel, from visiting and conferring privately with him, or from examining and
treating him, or from ministering to his spiritual needs, at any hour of the day or, in urgent cases, of the night.
PENALTY: imprisonment of 4 to 6 years, and a fine of P4,000.00
NOTE: Any security officer with custodial responsibility over any detainee or prisoner may undertake such reasonable
measures as may be necessary to secure his safety and prevent his escape.
Custodial investigation - includes the practice of issuing an "invitation" to a person who is 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.
Assisting Counsel - those charged with conducting preliminary investigation or those charged with the prosecution of
crimes.
Assisting counsel other than the government lawyers shall be entitled to the following fees;
(a) P150.00 - if the suspected person is chargeable with light felonies;lawphi1©alf
(b) P250.00 - if the suspected person is chargeable with less grave or grave felonies;
(c) P350.00 - if the suspected person is chargeable with a capital offense.
Note: The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation is
conducted.
If the municipality of city cannot pay such fee, the province comprising such municipality or city shall pay the fee:
Provided, That the Municipal or City Treasurer must certify that no funds are available to pay the fees of assisting
counsel before the province pays said fees.

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Republic Act No.

Duties of Public Officers

WHO ARE LIABLE AND ITS PENALTIES

PENALTY: Fine of P6,000.00 or imprisonment of 8 years to ten (10) years, or both

PENALTY: imprisonment of 4 to 6 years, and a fine of P4,000.00

(a) P150.00 - if the suspected person is chargeable with light felonies;lawphi1©alf

(c) P350.00 - if the suspected person is chargeable with a capital offense.

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