Practice question
A person who cannot read is asked to thumbmark the custodial investigation report. Counsel has not read and adequately explained it in a language the person understands. Under R.A. No. 7438, may investigators treat the thumbmark alone as sufficient?
- No; the prescribed reading and explanation by counsel must occur before signing or thumbmarking
- Yes; a thumbmark always cures every defect
- Yes; illiteracy eliminates the explanation requirement
- Yes; only the investigator needs to understand it
- No; reports can never be reduced to writing
Legal references
- https://lawphil.net/statutes/repacts/ra1992/ra_7438_1992.html — R.A. No. 7438 §§2–3 (custodial rights, waiver, reports, and assisting counsel).
- https://lawphil.net/consti/cons1987.html — 1987 Constitution, Article III §§12 and 14 (custodial safeguards and right to be informed of the accusation).
- https://lawphil.net/judjuris/juri2025/apr2025/gr_265570_2025.html — People v. Akil, G.R. No. 265570, April 7, 2025, MAIN decision (police-initiated private questioning of a detainee and custodial confession).
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