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Source: Rappler.

com

Rights of the arrested person

 Know the reason for your arrest at the time of


your arrest via an arrest warrant, which you
should ask for
 Ask for the identity and authority of the arresting
officer
 Be promptly brought before a judge and be
"entitled to a trial within a reasonable time" or to
be entitled to release subject to guarantees to
appear for trial
 Demand physical examination by an independent
and competent doctor of your choice before and
after interrogation, as stated in Republic Act
9745 or the Anti-Torture Act

Physical examination comes immediately after arrest.


The person must be given the opportunity to consult his
lawyer and arrange the date, time and place of his
questioning. A custodial investigation happens in a
warrantless arrest. For any arrest, the police is
expected to let the arrested to know about the Miranda
Doctrine.

Warrantless arrest

Authorities may conduct a warrantless arrest, but only


on the following grounds:
 When the person to be arrested has committed,
is actually committing, or is attempting to
commit an offense in the presence of an
arresting officer
 When an offense has just been committed and
the arresting officer has probable cause (based
on personal knowledge of facts and
circumstance) to believe that the person to be
arrested has committed a crime
 When the person has escaped prison/detention,
or escaped while being transferred to another
facility

If you're arrested without a warrant, you can only be


detained for:

 12 hours, for light offenses, which are punishable


by light penalties
 18 hours, for less grave offenses, punishable by
correctional penalties
 36 hours, for grave offenses, punishable by
capital penalties

As a general rule, inquest proceedings – where a civilian


prosecutor determines the legality of an arrest – are
included in these time periods.

During detention

If you are arrested or detained, you are entitled to the


following rights, according to FLAG:
 Be treated as a human being
 Due process, including being informed of written
regulations in the detention center, and not
being subjected to harsh, excessive or inhuman
punishment such as corporal punishment or
solitary confinement
 Receive visits from family, friends, and lawyers
 Practice your religion
 Adequate food, clothing, and healthful
accommodations
 Be furnished with or to procure reading or
writing materials
 Be kept separate from convicts serving sentence
 Speedy, impartial, and public trial, as likewise
provided by the Constitution

Illegal acts

The following acts are illegal, according to the Bill of


Rights of the Constitution:

 Unreasonable searches and seizures


 Use of torture, force, violence, threat,
intimidation, or any other means which vitiate or
impair the free will
 Use of secret detention places, solitary,
incommunicado, or other similar forms of
detention
 Use of a confession or admission obtained in
violation of Article III, Section 17 of the
Constitution, which says, "No person shall be
compelled to be a witness against himself"
 Detention solely by reason of his political beliefs
and aspirations
 Involuntary servitude in any form (except as a
punishment for a crime whereof the party shall
have been duly convicted)
 Imposition of excessive fines
 Infliction of cruel, degrading or inhuman
punishment

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