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Philippine Bar review · Question

Practice question: Custodial Investigation Rights (RA 7438)

Multiple Choice Easy

Practice question

Under Article III, Section 12 and R.A. No. 7438, what is required for a valid waiver of custodial rights?
  1. An oral assurance to the investigator alone
  2. A signature obtained without counsel in every case
  3. A written waiver executed in the presence of counsel
  4. A police officer's certification that counsel is unnecessary
  5. The offended party's approval

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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