MODULE 1.

2                  
LEGAL SAFEGUARDS OF PERSON UNDER CUSTODIAL INVESTIGATION

Article III of the 1987 Philippine Constitution

Concept of Bill of Rights

It is a declaration and enumeration of a person’s rights and privileges which the Constitution
is designated to protect against violation by the government, or by individual or groups of
individuals. It is a charter of liberties for the individual, and a limitation upon the power of
the State.

Classes of Rights
1. Natural Rights – those possessed by every citizen without being granted by the
State for they are given to man by God as a human being created to his image that
he may live a happy life.
2. Constitutional Rights – conferred and protected by the Constitution.
3. Statutory Rights – provided by law, promulgated by the law-making body and
consequently may be abolished by the same body.

Classification of Constitutional Rights

1. Political Rights – the power to participate directly or indirectly in the
establishment or administration of the government.
2. Civil Rights – a law which secures private individuals for the purpose of securing
enjoyment for their means of happiness.
3. Social and Economic Rights – Intended to insure the well-being and economic
security of an individual.
4. Rights of the Accused – intended for the protection of a person accused of any
crime.

Article III of the 1987 Philippine Constitution

Concept of Bill of Rights
It is a declaration and enumeration of a person’s rights and privileges which the Constitution
is designated to protect against violation by the government, or by individual or groups of
individuals. It is a charter of liberties for the individual, and a limitation upon the power of
the State.

Classes of Rights
 4. Natural Rights – those possessed by every citizen without being granted by the
State for they are given to man by God as a human being created to his image that
he may live a happy life.
5. Constitutional Rights – conferred and protected by the Constitution.
6. Statutory Rights – provided by law, promulgated by the law-making body and
consequently may be abolished by the same body.

Classification of Constitutional Rights

5. Political Rights – the power to participate directly or indirectly in the
establishment or administration of the government.
6. Civil Rights – a law which secures private individuals for the purpose of securing
enjoyment for their means of happiness.
7. Social and Economic Rights – Intended to insure the well-being and economic
security of an individual.
8. Rights of the Accused – intended for the protection of a person accused of any
crime.

THE BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty, or property without due process of
law, nor shall any person be denied the equal protection of the laws.

What is Due Process?

Any deprivation of life liberty and property by the State is with due process if it is done:
1. Under the authority of the law that is valid under the Constitution itself; and
2. After compliance with fair and reasonable methods of procedure required by law.

What constitutes Deprivation?

1. Deprivation of life – the loss of any of the various physical and mental attributes
which man must have to live as human being. It is the very foundation of human
rights.
2. Deprivation of liberty – that one is duly prevented from acting the way he wishes
to do.
3. Deprivation of property – when it its value is destroyed or its adaptability to some
legislation should be treated alike under circumstances and conditions both in the
privileges conferred and liabilities imposed.

What is the meaning of Equal Protection of Law?

It signifies that all persons subject to legislation should be treated alike under the
circumstances and conditions both in the privileges conferred and liabilities imposed.

Section 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall
be inviolable, and no search warrant or warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized.

What is a Search Warrant and Warrant of Arrest?

Search Warrant
 - An order in writing, issued in the name of the People of the Philippines, signed by
a judge and directed to a peace officer, commanding him to search for a certain
personal property and bring it before the court.

Warrant of Arrest
- A written order to arrest a person designated to take him in custody in order that
he may be bound to answer for the commission of an offense.

What is its scope of protection?

1. Persons – applies to every citizen of the Philippines including aliens whether
accused of crime or not.
2. Houses – not limited to dwelling but extends to a garage, warehouse, shop, store
and even a safety deposit vault.
3. Papers and effect – include sealed letters and packages in the mail which may be
opened and examined only in pursuance of a search warrant.

When search and seizure unreasonable?

In general, all illegal searches and seizures are unreasonable while lawful ones are
reasonable.

Requisites for a Valid Search Warrant or Warrant of Arrest

1. Issued upon probable cause.
2. The probable cause must be determined personally by the judge himself.
3. Such determination of the existence of probable cause must be made after
examination by the judge of the complainant and the witnesses he may produce.
4. Must particularly describe the place to be search and the persons or things to be
seized.

When search and seizure may be made without warrant?

1. Where there is consent or wavier
2. Where there is an incident to a lawful arrest
3. In the case of contraband or forfeited goods being transported
4. The possession of articles prohibited by law is disclosed to plain view or is open to
eye and hand
5. As an incident of inspection, supervision and regulation in the exercise of police
power
6. Routinary searches usually made at the border or a port of entry in the interest of
national security and for proper enforcement or customs and immigration laws.
When arrest may be made without warrant?
1. When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
2. When an offense has in fact just has been committed and has been personal
knowledge of facts indicating that a person to be arrested has committed it;
3. When a person to be arrested is a prisoner who has escaped from a penal
establishment where he is serving final judgement or temporarily confined while his
care is pending, or has escaped while being transferred.

LEGAL SAFEGUARDS OF THE PERSON UNDER CUSTODIAL INVESTIGATION

 • (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 allowed to confer privately with the person arrested,
detained or under custodial investigation. If such person cannot afford the services of
his own counsel, he must be provided with a competent and independent counsel by
the investigating officer.lawphi1Ÿ
• (c) The custodial investigation report shall be reduced to writing by the investigating
officer, provided that before such report is signed, or thumbmarked if the person
arrested or detained does not know how to read and write, it shall be read and
adequately explained to him by his counsel or by the assisting counsel provided by the
investigating officer in the language or dialect known to such arrested or detained
person, otherwise, such investigation report shall be null and void and of no effect
whatsoever.
• (d) 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 or in the latter's absence, upon a valid waiver, and in the presence of
any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the
municipal judge, district school supervisor, or priest or minister of the gospel as
chosen by him; otherwise, such extrajudicial confession shall be inadmissible as
evidence in any proceeding.
• (e) 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.
• (f) 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. The person's "immediate family" shall include his or her spouse, fiancé or
fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt,
nephew or niece, and guardian or ward.
As used in this Act, "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.