Practice question
A competent independent lawyer fully advises an adult suspect, who knowingly and voluntarily signs a written custodial-rights waiver in that lawyer’s presence. No parent, mayor or religious minister attends, and no other defect exists. Does absence of those additional persons alone defeat the waiver’s formal requirements?
- Yes, every listed person must attend every waiver
- Yes, the mayor’s signature is always required
- No, writing and counsel’s presence satisfy the stipulated formal waiver requirements; the separate confession rule must not be confused with them
- Yes, only a parent may authorize an adult’s waiver
- No counsel was needed in the first place
Legal references
- RA 7438, April 27, 1992: https://lawphil.net/statutes/repacts/ra1992/ra_7438_1992.html; Section 2(d)–(e).
- 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Article III, Section 12(1).
Answer this question in flashcards to review your response and continue practicing.