Philippine Bar review · Topic

Custodial Investigation Rights (RA 7438)

Explore Custodial Investigation Rights (RA 7438) in Rights of Accused (Rule 115) for the Philippine Bar. Browse subtopics and published practice questions…

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Practice questions

  1. Under R.A. No. 7438, in what language must an investigating officer explain the rights to silence and counsel?
  2. Under Article III, Section 12 and R.A. No. 7438, what is required for a valid waiver of custodial rights?
  3. Does R.A. No. 7438 include an investigative 'invitation' concerning an offense the person is suspected of committing wi…
  4. Investigators question a detained suspect who cannot afford a lawyer. They say he may have counsel only if his family f…
  5. A person who cannot read is asked to thumbmark the custodial investigation report. Counsel has not read and adequately …
  6. Police single out a detained suspect, then summon the victim and direct the victim to confront and question him to obta…
  7. A police investigator proposes serving simultaneously as the suspect's assisting counsel, although the investigator is …
  8. Explain the basic rights to silence and counsel during custodial investigation under the Constitution and R.A. No. 7438.
  9. Explain why a police-arranged interrogation by a private complainant may still attract custodial safeguards, using Peop…
  10. State the statutory safeguards before an arrested person signs or thumbmarks a custodial investigation report.
  11. Does RA7438’s defined immediate family include a fiancé or fiancée?
  12. Must competent independent counsel be permitted to confer privately with the person under custodial investigation?