Philippine Bar review · Question

Practice question: Custodial Investigation Rights (RA 7438)

Multiple Choice Easy

Practice question

Under R.A. No. 7438, in what language must an investigating officer explain the rights to silence and counsel?
  1. Any language chosen for the officer's convenience
  2. A language known to and understood by the person investigated
  3. English exclusively
  4. A language chosen only by the complainant
  5. No language, because a printed form always suffices

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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