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Philippine Bar review · Question

Practice question: Requisites of Valid Waiver

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Practice question

An arrested person signs a document purporting to waive the Article 125 delivery period, but no counsel is present. The person says he was willing to give investigators more time. Assess the asserted waiver under Section 2(e) of RA 7438 without deciding any separate custody or case issues.

Legal references

  • Republic Act No. 7438, Sections 2 and 3, rights and counseled written waivers: https://lawphil.net/statutes/repacts/ra1992/ra_7438_1992.html; Section 2(e).

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