Practice question
An adult suspect signs a written waiver of custodial rights while alone with investigators. No lawyer is present. The officer argues that the signature alone satisfies the Constitution. Is the argument correct?
- Yes, because writing makes counsel unnecessary
- No; counsel's presence is independently required
- Yes, if the suspect can read
- Yes, if the officer promises fair treatment
- Yes, if the waiver uses capital letters
Legal references
- 1987 Constitution, Article III, Section 12(1) and (3), custodial rights and waiver: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
- Republic Act No. 7438, Sections 2 and 3, rights and counseled written waivers: https://lawphil.net/statutes/repacts/ra1992/ra_7438_1992.html
- People v. Mahinay, G.R. No. 122485, February 1, 1999, main decision, meaningful warnings and written waiver in counsel's presence: https://lawphil.net/judjuris/juri1999/feb1999/gr_122485_1999.html
Answer this question in flashcards to review your response and continue practicing.