Practice question
Investigators question a detained suspect who cannot afford a lawyer. They say he may have counsel only if his family first pays for one. Does R.A. No. 7438 permit that condition?
- Yes; counsel is a privilege available only to paying clients
- Yes; detention ends the right to counsel
- No; competent and independent counsel must be provided if the person cannot afford one
- Yes; the complainant may decide
- No; this automatically acquits him of every charge
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.