Philippine Bar review · Question

Practice question: Requisites of Valid Waiver

Multiple Choice Easy Jurisprudence

Practice question

What formal safeguards does Article III, Section 12(1) require for waiver of the rights it protects during custodial investigation?
  1. An oral statement to any police officer is enough
  2. A signature witnessed only by a nonlawyer friend is enough
  3. The waiver must be in writing and in the presence of counsel
  4. The waiver must be announced on radio
  5. The waiver is presumed from remaining at the station

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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