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    Investigation Duties of Public Officers.

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    Wendell Miles De Armas
    The document outlines the rights of persons who are arrested, detained, or under custodial investigation and the duties of public officers in these situations. It defines assisting counsel and sets penalties for violations of these rights and duties.

    Copyright:

    © All Rights Reserved
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    Investigation Duties of Public Officers.

    Uploaded by

    Wendell Miles De Armas
    5 views2 pages
    The document outlines the rights of persons who are arrested, detained, or under custodial investigation and the duties of public officers in these situations. It defines assisting counsel and sets penalties for violations of these rights and duties.

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    Law

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    The document outlines the rights of persons who are arrested, detained, or under custodial investigation and the duties of public officers in these situations. It defines assisting counsel and sets penalties for violations of these rights and duties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    5 views2 pages

    Investigation Duties of Public Officers.

    Uploaded by

    Wendell Miles De Armas
    The document outlines the rights of persons who are arrested, detained, or under custodial investigation and the duties of public officers in these situations. It defines assisting counsel and sets penalties for violations of these rights and duties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Republic Act No.

    7438-
    AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR
    UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE
    ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING
    PENALTIES FOR VIOLATIONS THEREOF

    Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of
    every human being and guarantee full respect for human rights.
    Section 2. Rights of Persons Arrested, Detained or Under Custodial
    Investigation; 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.
    Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly
    affected by the case, those charged with conducting preliminary investigation or those
    charged with the prosecution of crimes.
    The assisting counsel other than the government lawyers shall be entitled to the
    following fees;
    (a) The amount of One hundred fifty pesos (P150.00) if the suspected person is
    chargeable with light felonies;
    (b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is
    chargeable with less grave or grave felonies;
    (c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is
    chargeable wit

    Section 4. Penalty Clause. – (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, shall suffer a fine of Six thousand
    pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not
    more than ten (10) years, or both. The penalty of perpetual absolute disqualification
    shall also be imposed upon the investigating officer who has been previously convicted
    of a similar offense.
    The same penalties shall be imposed upon a public officer or employee, or
    anyone acting upon orders of such investigating officer or in his place, who fails to
    provide a competent and independent counsel to a person arrested, detained or under
    custodial investigation for the commission of an offense if the latter cannot afford the
    services of his own counsel.
    (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 shall suffer the penalty of imprisonment of
    not less than four (4) years nor more than six (6) years, and a fine of four thousand
    pesos (P4,000.00).
    The provisions of the above Section notwithstanding, 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.

    Section 6. Effectivity. – This Act shall take effect fifteen (15) days following its
    publication in the Official Gazette or in any daily newspapers of general circulation in
    the Philippines.
    Approved: April 27, 1992.

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