SEPTEMBER 2022

ISSUE

RIGHTS OF PERSONS UNDER

CUSTODIAL INVESTIGATION
Sec 12, Art III, 1987 Philippine Constitution/RA No. 7438
By: PMAJ PAULINO P TUKLING
An accused in a criminal offense can only be made guilty
thereof by proof beyond reasonable doubt, after due trial. From
arrest, he is Constitutionally protected by rights to enjoy while his
case passes through the country's justice system. As soon as he is
arrested and/or invited by police authorities for the commission of
criminal offense, the latter are bound by the Constitution and the
law to strictly observe the former's rights while under custody.
Even in the conduct of police interrogations to the suspect of the
crime in the so-called custodial investigation, police authorities
are bound to ensure that his Constitutional rights are protected.

Photo source: Google.com

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 In People vs Ayson (G.R. No. 85215 July 7, 1989), the
Court stated: In Miranda, Chief Justice Warren summarized the
procedural safeguards laid down for a person in police custody,
"in-custody interrogation" being regarded as the24
commencement
of an adversary proceeding against the suspect.

He must be warned prior to any questioning that he has the

right to remain silent, that anything he says can be used against
him in a court of law, that he has the right to the presence of an
attorney, and that if he cannot afford an attorney one will be
appointed for him prior to any questioning if he so desires.
Opportunity to exercise those rights must be afforded to him
throughout the interrogation. After such warnings have been
given, such opportunity afforded him, the individual may
knowingly and intelligently waive these rights and agree to answer
or make a statement. But unless and until such warnings and
waivers are demonstrated by the prosecution at the trial, no
evidence obtained as a result of interrogation can be used against
him.

What is custodial investigation?

It involves any questioning initiated by law enforcement

authorities after a person is taken into custody or otherwise
deprived of his freedom of action in any significant way.

It includes 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 (RA 7438).

When can a person invoke the Miranda Rights?

The so-called Miranda rights, may be invoked only by a

person while he is under custodial investigation.

When does Custodial Investigation start?

Custodial investigation starts when the police investigation

is no longer a general inquiry into an unsolved crime but has
begun to focus on a particular suspect taken into custody by the
police who starts the interrogation and propounds questions to
the person to elicit incriminating statements.

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Issue
Photo source: Google.com

What does the Miranda Doctrine require?

The Miranda doctrine requires that: (a) any person under

custodial investigation has the right to remain silent; (b) anything
he says can and will be used against him in a court of law; (c) he
has the right to talk to an attorney before being questioned and to
have his counsel present when being questioned; and (d) if he
cannot afford an attorney, one will be provided before any
questioning if he so desires.

What is the purpose of the Miranda Rights guarantee?

The said rights are guaranteed to preclude the slightest use

of coercion by the State as would lead the accused to admit
something false, not to prevent him from freely and voluntarily
telling the truth.

What Constitutional provisions embody the so-called Miranda

Rights?

Section 12, paragraphs 1 and 3, Article III (Bill of Rights) of

the 1987 Constitution that provide:

SEC. 12. (1) Any person under investigation for the

September 2022
Issue 3
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.

(3) Any confession or admission obtained in violation of this or

Section 17 hereof shall be inadmissible in evidence against him.

Can the rights of the suspect under custodial investigation be

waived?

No. However, it admits of exception, that is, the waiver

must be in writing and in the presence of counsel.

What law reinforced the Constitutional mandate protecting

the rights of persons under custodial investigation?

SEC. 2, RA No. 7438 providing for the Rights of Persons

Arrested, Detained or under Custodial Investigation, as follows:

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

Photo source: Google.com

4 September 2022
Issue
 allowed to confer
private with the
person arrested,
detained or under
c u s t o d i a l
investigation. If
such person cannot
afford the services
of his own counsel,
h e m u s t b e
provided by with a
competent and
independent
counsel.

What are the requirements

of a valid extra-judicial
admission of guilt during a
custodial investigation?

The requirements are as

follows:
1. It must be voluntary;
2. It must be made
with the assistance Photo source: Google.com
of competent and
independent
counsel;
3. It must be express; and
4. It must be in writing

When is the right to counsel deemed to have arisen?

The right to counsel is deemed to have arisen at the precise

moment custodial investigation begins.

Is being made to stand in a police line up starts the right to

counsel?

No, being made to stand in a police line up is not the

starting point or a part of custodial investigation.

September 2022
Issue 5
Is the right to counsel applicable in administrative
investigation?

No, the right to counsel applies only to admissions made in

a criminal investigation but not to those made in an
administrative investigation.

What is the effect in the situation where police authorities

commit infractions to the Miranda Rights of the suspect?

The infraction of the rights of an accused during custodial

investigation or the so-called Miranda Rights render inadmissible
only the extrajudicial confession or admission made during such
investigation. "The admissibility of other evidence, provided they
are relevant to the issue and is not otherwise excluded by law or
rules, is not affected even if obtained or taken in the course of
custodial investigation." (Ho Wai Pang vs People, GR No. 176229,
October 19, 2011)

Who should be counsel of the accused during Custodial

Investigation?

The lawyer called to be present during such investigations

should be as far as reasonably possible, the choice of the
individual undergoing questioning. If the lawyer were one
furnished in the accused's behalf, it is important that he should be
competent and independent, i.e., that he is willing to fully
safeguard the
constitutional rights
of the accused, as
distinguished from
one who would be
merely be giving a
routine, peremptory
and meaningless
recital of the
individual's
constitutional
rights. (People vs
Rapeza, GR No.
169431, April 3,
Photo Source: Google.com 2007).

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Issue
 Is every statement said by the suspect of a crime to the police
covered by the Constitutional protection?

No. Not every statement made to the police by a person

involved in some crime is within the scope of the constitutional
protection. If not made "under custodial interrogation," or "under
investigation for the commission of an offense," the statement is
not protected. Thus, in one case, where a person went to a police
precinct and before any sort of investigation could be initiated,
declared that he was giving himself up for the killing of an old
woman because she was threatening to kill him by barang, or
witchcraft, this Court ruled that such a statement was admissible,
compliance with the constitutional procedure on custodial
interrogation not being exigible under the circumstances. (People
vs Ayson, G.R. No. 85215 July 7, 1989).

What is the effect of failure to inform the person under

custodial investigation of his right to remain silent and to
have competent and independent counsel?

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
Photo source: Google absolute disqualification shall also be imposed upon
the investigating officer who has been previously convicted of a
similar offense. (RA 7438)

Photo source: Google.com

September 2022
Issue 7
 Key LS Personnel
Acting Director, Legal Service : PCOL FARO ANTONIO O OLAGUERA
Deputy Director, Legal Service : PCOL ARTHUR R LLAMAS
Chief of Staff, Legal Service : PCOL ARIS M PESTAÑO
Chief, Legal Assistance Division : PCOL RAYMOND A DE GUZMAN
Chief, LRED : PCOL JOENEL M AURELIO
AC, ARMD : PLTCOL MELLANY J BARRERA-BASAÑEZ
AC, SCD : PLTCOL ARVIE P BUENO
OIC, Litigation Division : PLTCOL ALFREDO L AUSTRIA JR
Supervisor, PP@US 24/7 : PMAJ GLENN ALLEN O PESTAÑO
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