RA 7438
RIGHTS OF PERSONS ARRESTED,
DETAINED OR UNDER CUSTODIAL
INVESTIGATION; DUTIES OF PUBLIC
OFFICERS
Section 1. Statement of Policy.
Itis 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
shall at all times be assisted by counsel.
shallinform the latter, in a language known to
and understood by him, of his rights
to remain silent
to have competent and independent counsel
Section 2. Rights of Persons Arrested, Detained or
Under Custodial Investigation; Duties of Public Officers
The custodial investigation report shall be
reduced to writing, provided that before such report
is signed, or thumbmarked of the person arrested
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
Section 2. Rights of Persons Arrested, Detained or
Under Custodial Investigation; Duties of Public Officers
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.
Section 2. Rights of Persons Arrested, Detained or
Under Custodial Investigation; Duties of Public Officers
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 .
Section 2. Rights of Persons Arrested, Detained or
Under Custodial Investigation; Duties of Public Officers
"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;
Section 3. Assisting Counsel
The amount of Two hundred fifty pesos
(P250.00) if the suspected person is chargeable
with less grave or grave felonies;
The amount of Three hundred fifty pesos
(P350.00) if the suspected person is chargeable
with a capital offense.
Section 4. Penalty Clause
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.
Section 4. Penalty Clause
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.
Section 4. Penalty Clause
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).
Section 4. Penalty Clause
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.
ASSIGNMENT
1. What, if the person under custodial investigation was not able to read and write, what will the duty investigator must
do?
2. In the absence of the legal counsel of the detained or person under investigation, what will the duty investigator
must do?
3. Who are the immediate family of the arrested person or person under custodial investigation as stated on Section 2
of RA 7438?
4. Who will pay the fee of the assisting lawyer of the person who is under custodial investigation?
5. What will happen to the custodial investigation being conducted by the investigating officer if there no available
lawyer on such place?
6. When was RA 7438 signed?
