Philippine Bar review · Question

Practice question: Custodial Investigation Rights (RA 7438)

Multiple Choice Medium

Practice question

Police obtain a written Article125 waiver signed by the arrested person in an officer’s presence, with no counsel present. Is the officer’s witnessing sufficient under Section2(e)?
  1. A spouse’s later approval always cures it
  2. Yes; any officer replaces counsel
  3. Only a notarial stamp matters
  4. Only the waiver’s title matters
  5. No; counsel’s presence is expressly required

Legal references

  • Republic Act7438, Sections2–4: https://lawphil.net/statutes/repacts/ra1992/ra_7438_1992.html

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