Philippine Bar review · Question

Practice question: Exclusionary Rule

Multiple Choice Easy

Practice question

Under RA 7438, does calling suspect questioning an invitation automatically remove it from custodial-investigation safeguards?
  1. Yes, labels control the statute.
  2. Yes, if the invitation is polite.
  3. Yes, if questioning occurs in daylight.
  4. Yes, if no handcuffs are used.
  5. No; the Act includes an invitation to a person investigated for an offense he is suspected of committing.

Legal references

  • 1987 Constitution, Article III, section 12, https://lawphil.net/consti/cons1987.html
  • Republic Act No. 7438, sections 2–3, https://lawphil.net/statutes/repacts/ra1992/ra_7438_1992.html

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