On
ra 7438
RA 7438

RA 7438
An Act Defining Certain Rights of Person Arrested, Detained or Under  Custodial Investigation as Well as the Duties of the Arresting, Detaining and Investigating  Officers, and Providing Penalties for
Violations Thereof.


Rights of Persons Arrested, Detained, or Under Custodial Investigation;   Duties of Public Officers

Be informed, in a language known to and understood by him, of his rights to remain silent and to have competent and independent counsel

Be assisted by counsel at all times preferably of his own choice
- If the person arrested, detained, or under custodial investigation cannot afford the services of counsel, the investigating officer must provide him with one.
- Counsel shall at all times be allowed to confer privately with the person

Be visited by or have conferences with:
Any member of his immediate family, which INCLUDES –
    - spouse,
    - fiancee,
    - parent or child,
    - brother or sister,
    - grandparent or grandchild,
    - uncle or aunt,
    - nephew or niece, AND
    - guardian or ward
Any medical doctor OR priest OR religious minister
 - Chosen by him, or by any member of his immediate family, or by his counsel
Any national non-governmental organization duly accredited by the Commission on Human Rights or the Office of the President.

The custodial investigation report shall be reduced to writing by the investigating officer.
- Its contents shall be read and adequately explained by the counsel to the person arrested or detained BEFORE he signs or puts his thumb mark thereto.
- Otherwise, such investigation report shall be null and void and of no effect whatsoever.

Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in writing.
- It shall be signed by the person in the presence of his counsel.
- In the absence of counsel AND upon a valid waiver, in the presence of any of the following:
         - Parents;
         - Elder brothers and sisters;
         - Spouse;
         - Municipal mayor,
         - municipal judge, district school supervisor; OR
         - Priest or minister of the gospel as chosen by the person

- Otherwise, such extra judicial confession shall be inadmissible as evidence in any proceeding.

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.