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Philippine Bar review · Question

Practice question: Requisites of Valid Waiver

Multiple Choice Hard Jurisprudence

Practice question

Police issue an invitation to an adult whom they investigate as a suspect in an offense. The ensuing questioning is stipulated to be custodial investigation. After being told that counsel would delay his release, the suspect signs a waiver before only his nonlawyer older sister. No lawyer advises him or is present. Investigators rely on the invitation label and the sister's signature. Which conclusion is correct?
  1. The waiver is valid because invitations are categorically outside RA 7438
  2. The waiver is valid because any older relative substitutes for counsel in making the waiver
  3. The asserted waiver fails: the label does not remove the stipulated custodial setting, and a relative does not replace counsel for waiver
  4. The waiver is valid because every adult can waive orally or without counsel
  5. The waiver automatically validates every later confession regardless of other requirements

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

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