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

Republic Act No.

7438

Section 12, Article III of the 1987 Constituttion

(MIranda rights)
Section 17, Article III of the Constitution
Section 11, Article II of the Constitution
Section 19, paragraph 2 Article III, of the Constitution
Morales, Jr. vs. Enrile, et al.

Section 2. Rights of Persons Arrested, Detained or

Under Custodial Investigation; Duties of Public
Officers.

(a) right to counsel

(b) right to be properly informed of his
rights
(c) custodial investigation report (People vs
Marra, et.al.)
(d) extrajudicial confession (People v.
Tuniaco)
(e) waiver by a person arrested or detained
(f) visitation rights

Duty of arresting officer

It shall be the duty of the officer executing the

warrant to arrest the accused and deliver him to
the nearest police station or jail without
unnecessary delay.
What is the duty of the arresting officer who
arrests a person?
Why should he deliver? What is the evil sought to
be avioded?

Section 3. Assisting Counsel

This is provided by the investigating office.

Any lawyer; exception: those directly affected by
the case, those charged with conducting
preliminary investigation or those charged with
the prosecution of crimes.
Fees (Excluding Government lawyers):
1. P150 - suspected person is chargeable with light
felonies
2. P250 - suspected person is chargeable with less
grave or grave felonies
3. P350 - suspected person is chargeable with a
capital offense.

Who is authorized to pay the assisting

counsel?
The city or municipality where the
custodial investigation is conducted.
In case of insufficiency, the province
comprising such municipality or city shall
pay the fee.

In the absence of a lawyer, what would

be the effect?
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.

Section 4. Penalty
OFFENDER

OFFENSE

PENALTIES

Any arresting
public officer
or employee,
or any
investigating
officer

Failure 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.

P6,000.00 or a
penalty of
imprisonment of
not less than 8
years but not
more than 10
years, or both.

Investigating
officer

only an additional penalty if he

perpetual
has been previously convicted of absolute
a similar offense.
disqualification

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

P6,000.00 or a
penalty of
imprisonment of
not less than 8
years but not
more than 10
years, or both.

Penalty

Any person

who prevents any lawyer,

any person allowed by law
to visit the detainee, or any
medical doctor or priest or
religious minister, from
visiting and conferring
privately with him

imprisonment of not
less than 4 years nor
more than 6 years, and
a fine of P4,000