Philippine Bar review · Question

Practice question: Custodial Investigation Rights (RA 7438)

Multiple Choice Easy

Practice question

Does R.A. No. 7438 include an investigative 'invitation' concerning an offense the person is suspected of committing within custodial investigation?
  1. No; the label always defeats the statute
  2. No; only a formal booking label matters
  3. No; invitations permit unlimited questioning without safeguards
  4. Yes; the statute expressly includes this practice
  5. Yes; therefore every social invitation is custodial investigation

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).

Answer this question in flashcards to review your response and continue practicing.