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    Lecture 7 - Custodial Investigation

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    notgacount000
    The document outlines the duties of police during custodial investigations according to Philippine law. It states that individuals under custodial investigation must be assisted by counsel, preferably of their choosing. They must also be informed of their rights which include the right to remain silent, the right to counsel, the right to medical examination, and the right to access medical treatment. Any extrajudicial confessions must be in writing, signed by the individual in the presence of counsel. The police are also required to allow visits and conferences with family and representatives during custodial investigation.

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    Lecture 7 - Custodial Investigation

    Uploaded by

    notgacount000
    65 views3 pages
    The document outlines the duties of police during custodial investigations according to Philippine law. It states that individuals under custodial investigation must be assisted by counsel, preferably of their choosing. They must also be informed of their rights which include the right to remain silent, the right to counsel, the right to medical examination, and the right to access medical treatment. Any extrajudicial confessions must be in writing, signed by the individual in the presence of counsel. The police are also required to allow visits and conferences with family and representatives during custodial investigation.

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    The document outlines the duties of police during custodial investigations according to Philippine law. It states that individuals under custodial investigation must be assisted by counsel, preferably of their choosing. They must also be informed of their rights which include the right to remain silent, the right to counsel, the right to medical examination, and the right to access medical treatment. Any extrajudicial confessions must be in writing, signed by the individual in the presence of counsel. The police are also required to allow visits and conferences with family and representatives during custodial investigation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    65 views3 pages

    Lecture 7 - Custodial Investigation

    Uploaded by

    notgacount000
    The document outlines the duties of police during custodial investigations according to Philippine law. It states that individuals under custodial investigation must be assisted by counsel, preferably of their choosing. They must also be informed of their rights which include the right to remain silent, the right to counsel, the right to medical examination, and the right to access medical treatment. Any extrajudicial confessions must be in writing, signed by the individual in the presence of counsel. The police are also required to allow visits and conferences with family and representatives during custodial investigation.

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    © All Rights Reserved
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    of 3

    6.

    4 Custodial Investigation
    a. Duties of the Police during Custodial Investigation (RA 7438 sec. 2)
    1) The arresting officer, or the investigator, as the case may be,
    shall ensure that a person arrested, detained, or under custodial
    investigation shall, at all times, be assisted by counsel, preferably
    of his own choice;
    2) The arresting officer, or the investigator, as the case may be,
    must inform the person arrested, detained, or under custodial
    investigation of the following rights under RA 7438 and RA 9745
    in a language or dialect known to and understood by him/her,
    that:
    a) He/she has the right to remain silent. If he/she waives
    his/her right to remain silent, anything he/she says can be
    used as evidence against him/her in court;
    b) He/she has the right to counsel of his/her own choice. If
    he/she cannot afford one, he/she shall be provided with an
    independent and competent counsel;
    c) He/she has the right to demand a physical examination by
    an independent and competent doctor of his/her own
    choice, before and after interview/questioning. If the person
    arrested is a female, she shall be attended to preferably by a
    female doctor. If he/she cannot afford one, he/she shall be
    provided with a competent and independent doctor to
    conduct a physical examination;
    d) The State shall endeavor to provide him/her with
    psychological evaluation if available under the
    circumstances (RA 9745 sec. 12).
    e) He/she, including his/her immediate family, has the right
    to immediate access to proper and adequate medical
    treatment; and
    f) He/she has the right to be informed of such rights.
    3) If the person arrested, detained, or under custodial
    investigation opted to give a sworn statement (Annex “PP”), the
    arresting officer, or the investigator, as the case may be, must
    reduce it in writing and in the presence of his/her counsel.
    4) The arresting officer must ensure that, before the sworn
    statement is signed, or thumb marked, if there is an inability to
    read and to write, the document shall be read and adequately
    explained to the person arrested, detained, or under custodial
    investigation by his/ her counsel of choice, or by the assisting
    counsel provided to him/ her, in the language or dialect known to
    him/her;
    5) The arresting officer, or the investigator, as the case may be,
    must ensure that any extrajudicial confession made by a person
    arrested, detained, or under custodial investigation shall be:
    a) In writing;
    b) Signed by such person in the presence of his/her counsel;
    or
    c) In the latter’s absence, upon a valid waiver, and in the
    presence of any of the parents, elder brothers, and sisters,
    his/her spouse, the municipal mayor, the municipal judge,
    district school supervisor, priest, imam or religious minister
    chosen by him/her.
    Failure of the arresting officer, or the investigator, to observe the
    above-mentioned procedures shall render the extrajudicial
    confession inadmissible as evidence in any proceeding; and
    6) The arresting officer, or the investigator, as the case may be,
    must, under established regulations, allow the person arrested,
    detained, or under custodial investigation visits by or conferences
    with any member of his/her immediate family, any medical
    doctor, priest, imam or religious minister chosen by him/her or by
    any member of his/her immediate family or by his/her counsel, or
    by any local NGO duly accredited by the Commission on Human
    Rights (CHR) or by any international NGO duly accredited by the
    Office of the President. His/her “immediate family” shall include
    his/her spouse, parent or child, brother or sister, grandparent or
    grandchild, uncle or aunt, nephew or niece, guardian or ward, and
    fiancé or fiancée (RA 7438 sec. 2 f);

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