Practice question
A police investigator proposes serving simultaneously as the suspect's assisting counsel, although the investigator is charged with conducting the case's preliminary investigation. The officer says any law degree satisfies R.A. No. 7438. Is that sound?
- Yes; the investigator's official interest makes counsel independent
- Yes; a law degree alone removes every disqualification
- Yes; counsel need not be independent
- No; Section 3 excludes persons charged with conducting preliminary investigation or prosecution from assisting counsel
- No; only the victim's retained counsel can ever assist
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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