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    Ra 7438

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    Earl Andre Perez
    RA 7438 defines certain rights of persons who are arrested, detained, or under custodial investigation in the Philippines. It also establishes the duties of arresting, detaining, and investigating officers. Specifically, it mandates that (1) arrested or detained persons must be assisted by counsel at all times and be informed of their right to remain silent and have counsel, (2) custodial investigation reports must be read and explained to the person by their counsel before signing, and (3) extrajudicial confessions must be in writing and signed in the presence of counsel or a relative. Violations of these rights and duties can result in penalties.

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    © All Rights Reserved
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    Ra 7438

    Uploaded by

    Earl Andre Perez
    633 views11 pages
    RA 7438 defines certain rights of persons who are arrested, detained, or under custodial investigation in the Philippines. It also establishes the duties of arresting, detaining, and investigating officers. Specifically, it mandates that (1) arrested or detained persons must be assisted by counsel at all times and be informed of their right to remain silent and have counsel, (2) custodial investigation reports must be read and explained to the person by their counsel before signing, and (3) extrajudicial confessions must be in writing and signed in the presence of counsel or a relative. Violations of these rights and duties can result in penalties.

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    RA 7438 - Copy

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    RA 7438 defines certain rights of persons who are arrested, detained, or under custodial investigation in the Philippines. It also establishes the duties of arresting, detaining, and investigating officers. Specifically, it mandates that (1) arrested or detained persons must be assisted by counsel at all times and be informed of their right to remain silent and have counsel, (2) custodial investigation reports must be read and explained to the person by their counsel before signing, and (3) extrajudicial confessions must be in writing and signed in the presence of counsel or a relative. Violations of these rights and duties can result in penalties.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    633 views11 pages

    Ra 7438

    Uploaded by

    Earl Andre Perez
    RA 7438 defines certain rights of persons who are arrested, detained, or under custodial investigation in the Philippines. It also establishes the duties of arresting, detaining, and investigating officers. Specifically, it mandates that (1) arrested or detained persons must be assisted by counsel at all times and be informed of their right to remain silent and have counsel, (2) custodial investigation reports must be read and explained to the person by their counsel before signing, and (3) extrajudicial confessions must be in writing and signed in the presence of counsel or a relative. Violations of these rights and duties can result in penalties.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 11

    RA 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
    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
    (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.
    As used in this Act, "custodial investigation" shall
    include 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.
    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 the provisions of Article
    125 of the Revised Penal Code.
    THANK YOU!

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