Philippine Bar review · Topic
Custodial Investigation Rights (RA 7438)
Page 2 of practice questions on Custodial Investigation Rights (RA 7438) in Rights of Accused (Rule 115). Browse published questions and explore related…
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Practice questions
- Under Section3, may custodial investigation proceed when no lawyer is available?
- A detained suspect asks to consult privately with counsel. Police allow counsel into the room but insist on listening t…
- Police obtain a written Article125 waiver signed by the arrested person in an officer’s presence, with no counsel prese…
- A detained person’s chosen doctor seeks an urgent examination at night. The custodian asserts that RA7438 allows all me…
- A custodial confession is oral only. The State relies specifically on Section2(d) and says witnesses can replace its wr…
- Analyze the Article125 waiver signed at a police desk without counsel, even though it is written and the officer attest…
- Explain the statutory balance between urgent medical access at night and detention security under RA7438.
- Investigators admit a lawyer but prohibit private consultation, then say counsel was present throughout. Explain the di…