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Philippine Bar review · Question

Practice question: Requisites of Valid Waiver

Multiple Choice Medium Jurisprudence

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?
  1. Yes, every listed person must attend every waiver
  2. Yes, the mayor’s signature is always required
  3. No, writing and counsel’s presence satisfy the stipulated formal waiver requirements; the separate confession rule must not be confused with them
  4. Yes, only a parent may authorize an adult’s waiver
  5. 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).

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