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