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    Republic Act No 7438

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    Remar Elumbaring
    This document summarizes Republic Act No. 7438 which defines certain rights of persons arrested in the Philippines. The act outlines the rights of those arrested to have an attorney present during arrest and interrogation. It also mandates that any extrajudicial confessions or waivers must be in writing and signed in the presence of legal counsel. Failure to properly inform arrested persons of their rights or obstructing their access to legal counsel carries penalties ranging from fines to imprisonment.

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    Republic Act No 7438

    Uploaded by

    Remar Elumbaring
    358 views2 pages
    This document summarizes Republic Act No. 7438 which defines certain rights of persons arrested in the Philippines. The act outlines the rights of those arrested to have an attorney present during arrest and interrogation. It also mandates that any extrajudicial confessions or waivers must be in writing and signed in the presence of legal counsel. Failure to properly inform arrested persons of their rights or obstructing their access to legal counsel carries penalties ranging from fines to imprisonment.

    Original Description:

    Scope, Rights, Acts Punishable, Penalties and Person can initiate filing of Information

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    This document summarizes Republic Act No. 7438 which defines certain rights of persons arrested in the Philippines. The act outlines the rights of those arrested to have an attorney present during arrest and interrogation. It also mandates that any extrajudicial confessions or waivers must be in writing and signed in the presence of legal counsel. Failure to properly inform arrested persons of their rights or obstructing their access to legal counsel carries penalties ranging from fines to imprisonment.

    Copyright:

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

    Republic Act No 7438

    Uploaded by

    Remar Elumbaring
    This document summarizes Republic Act No. 7438 which defines certain rights of persons arrested in the Philippines. The act outlines the rights of those arrested to have an attorney present during arrest and interrogation. It also mandates that any extrajudicial confessions or waivers must be in writing and signed in the presence of legal counsel. Failure to properly inform arrested persons of their rights or obstructing their access to legal counsel carries penalties ranging from fines to imprisonment.

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    © 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
    ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED
    April 27, 1992

    A. Scope/Coverage

    (a) Rights of the person arrested detained or under custodial investigation

    (b) Duties of th 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.

    B. Rights being Protected/Privileges

    (a) Person arrested shall at all times be assisted by counsel.

    (b) Public officer shall

    inform the person arrested of his rights to remain silent;
    and to have competent and independent counsel.
    The person arrested must be provided with a competent and independent counsel if such person
    cannot afford the services of his own counsel.

    (c) The custodial investigation report shall be reduced to writing.

    (d) Any extrajudicial confession shall be in writing and signed by such person in the presence of his
    counsel.

    (e) Any waiver by a person arrested of the delay in the delivery of detained persons to the proper judicial
    authorities shall be in writing and signed by such person in the presence of his counsel;

    Otherwise the investigation report, extrajudicial confession and waiver shall be null and void and of
    no effect, inadmissible as evidence in any proceeding.

    (f) Any person arrested shall be allowed visits by any member of his immediate family, or by his counsel,
    medical doctor, priest, religious minister or by any national NGO duly accredited by the Commission on
    Human Rights.

    C. Acts Punishable

    (a) Failure to inform any person arrested of his right to remain silent and to have competent and
    independent counsel and to provide competent and independent counsel if person arrested cannot
    afford the services of his own counsel.

    (b) Any person who obstructs, prevents or prohibits any lawyer or any member of the immediate family
    of a person arrested from visiting and conferring privately with him



    D. Penalties

    (a) Failure to inform the person arrested

    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.
    Perpetual absolute disqualification

    (b) Obstruction, prevention or prohibition from visiting the person arrested

    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).


    E. Persons who can Initiate Filing of Complaints

    (a) Person arrested detained or under custodial investigation
    (b) Assisting Counsel
    (c) Immediate family

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