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Philippine Bar review · Question

Practice question: Custodial Investigation Rights (RA 7438)

Multiple Choice Hard

Practice question

Police single out a detained suspect, then summon the victim and direct the victim to confront and question him to obtain a confession. No custodial warnings, counsel, or valid waiver are provided. The prosecution argues the confession is admissible because the questions came from a private person. Under People v. Akil, which is correct?
  1. Private questioning is always exempt even when police arrange it
  2. The police-initiated questioning cannot be used to circumvent the suspect's custodial safeguards
  3. A victim's participation conclusively proves guilt
  4. The detainee's silence necessarily validates a waiver
  5. The confession is automatically valid if officers leave the room

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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