If ever you're 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."
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