If ever youre arrested, here are a couple of things to keep in mind:

Enshrined under Section 12, Article III of the 1987 Constitution are the following rights:
Section 12. (1) Any person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing and in the presence of
counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free
will shall be used against him. Secret detention places, solitary, incommunicado, or other similar
forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.
In the case of Morales, Jr. vs. Enrile, et al., the Supreme Court laid down the procedure to be
followed in custodial investigations, to wit:
At the time a person is arrested, it shall be the duty of the arresting officer to inform him of the
reason for the arrest and he must be shown the warrant of arrest, if any. He shall be informed of
his constitutional rights to remain silent and to counsel, and that any statement he might make
could be used against him. The person arrested shall have the right to communicate with his
lawyer, a relative, or anyone he chooses by the most expedient means _ by telephone if possible _
or by letter or messenger. It shall be the duty of the arresting officer to see to it that this is
accomplished. No custodial investigation shall be conducted unless it be in the presence of
counsel engaged by the person arrested, by any person on his behalf, or appointed by the court
upon petition either of the detainee himself or by anyone on his behalf. The right to counsel may
be waived but the waiver shall not be valid unless made with the assistance of counsel. Any
statement obtained in violation of the procedure herein laid down, whether exculpatory or
inculpatory, in whole or in part, shall be inadmissible in evidence.
In addition, in the case of People vs Marra, et.al., the Supreme Court defined the meaning of
custodial investigation, It held that:
Custodial investigation involves any questioning initiated by law enforcement officers after a
person has been taken into custody or otherwise deprived of his freedom of action in any

significant way. It is only after the investigation ceases to be a general inquiry into an unsolved
crime and begins to focus on a particular suspect, the suspect is taken into custody, and the police
carries out a process of interrogations that lends itself to eliciting incriminating statements that
the rule begins to operate.
Also, in People vs Camat, et.al., the Court held further that:
As interpreted in the jurisdiction of their origin, these rights begin to be available where the
investigation is no longer a general inquiry into an unsolved crime but has began to focus on a
particular suspect, the suspect has been taken into police custody, and the police carry out a
process of interrogation that lends itself to eliciting incriminating statements.

Custodial investigation Involves any questioning initiated by law enforcement

officers after a person has been taken into custody or otherwise deprived of his
freedom of action in any significant way. It is only after investigation ceases to be
a general inquiry into an unsolved crime and begins to focus on a particular
suspect, the suspect is taken into custody, and the police carries out a process of
interrogations that lends itself to eliciting incriminating statements that the rule
begins to operate. Embraced in custodial investigation: invited for questioning
re-enactment Not embraced in custodial investigation: police line-up
ultraviolet ray examination normal audit examination by the COA of the
accountability of a public officer
2. When the threat or promise was made by, or in the presence of, a person in
authority, who has, OR is supposed by the accused to have power or authority to
fulfill the threat or promise, the confession of the accused is inadmissible.
3. Presumption of regularity in the performance of duties:
Does not apply during in-custody investigation, nor can it prevail over the
constitutional right of the accused to be presumed innocent.
4. The arresting officer may be held civilly liable for damages under Art. 32 of the
Civil Code. The very nature of Art. 32 is that the wrong may be civil or criminal. It
is not necessary that there should be malice or bad faith

Republic Act No. 7438

April 27, 1992

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
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::

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.
lawphi1

(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, fianc or
fiance, 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.
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;
lawphi1alf

(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 with a capital offense.
The fee for the assisting counsel shall be paid by the city or municipality where the
custodial investigation is conducted, provided that if the municipality of city cannot
pay such fee, the province comprising such municipality or city shall pay the fee:
Provided, That the Municipal or City Treasurer must certify that no funds are
available to pay the fees of assisting counsel before the province pays said fees.
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.
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).
lawphi1

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 5. Repealing Clause. Republic Act No. No. 857, as amended, is hereby
repealed. Other laws, presidential decrees, executive orders or rules and regulations, or
parts thereof inconsistent with the provisions of this Act are repealed or modified
accordingly.
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