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Custodial Investigation
- Rights related to custodial investigation called as Miranda Rights, from
the US Supreme Court in the case of Miranda vs. Arizona in 1966.
- also called custody interrogation
-before the Miranda Doctrine, voluntary confession is already sufficient.
Basic Rights Under Section 12:
1. Right to remain silent
2. Right to choose counsel
3. Right to be provided the services of counsel
4. Right to be informed of these rights.
-These are the fundamental rights which were, however, expanded in the
case of People vs. Mahinay in 1999 to 11 Miranda Warnings.
THE MIRANDA WARNINGS
Accdg to the case of People vs. Larry Mahinay, GR No. 122485,
February 1, 1999
1. The person arrested, detained, invited or under custodial
investigation must be informed in a language known to and
understood by him of the reason for the arrest and he must be
shown the warrant of arrest, if any; Every other warnings,
information or communication must be in a language known
to and understood by said person;
2. He must be warned that he has a right to remain silent and that
any statement he makes may be used as evidence against him;
3. He must be informed that he has the right to be assisted at all
times and have the presence of an independent and competent
lawyer, preferably of his own choice;
4. He must be informed that if he has no lawyer or cannot afford
the services of a lawyer, one will be provided for him; and
that a lawyer may also be engaged by any person in his
behalf, or may be appointed by the court upon petition of the
person arrested or one acting in his behalf;
5. That whether or not the person arrested has a lawyer, he must
be informed that no custodial investigation in any form shall
Question: When do you invoke such warnings?
be conducted except in the presence of his counsel or after a
valid waiver has been made;
6. The person arrested must be informed that, at any time, he has
the right to communicate or confer by the most expedient
means telephone, radio, letter or messenger with his lawyer
(either retained or appointed), any member of his immediate
family, or any medical doctor, priest or minister chosen by
him or by any one from his immediate family or by his
counsel, or be visited by/confer with duly accredited national
or international non-government organization. It shall be the
responsibility of the officer to ensure that this is
accomplished;
7. He must be informed that he has the right to waive any of said
rights provided it is made voluntarily, knowingly and
intelligently and ensure that he understood the same;
8. In addition, if the person arrested waives his right to a lawyer,
he must be informed that it must be done in writing AND in
the presence of counsel, otherwise, he must be warned that
the waiver is void even if he insist on his waiver and chooses
to speak;
9. That the person arrested must be informed that he may
indicate in any manner at any time or stage of the process that
he does not wish to be questioned with warning that once he
makes such indication, the police may not interrogate him if
the same had not yet commenced, or the interrogation must
ceased if it has already begun;
10. The person arrested must be informed that his initial waiver
of his right to remain silent, the right to counsel or any of his
rights does not bar him from invoking it at any time during
the process, regardless of whether he may have answered
some questions or volunteered some statements;
11. He must also be informed that any statement or evidence, as
the case may be, obtained in violation of any of the foregoing,
whether inculpatory or exculpatory, in whole or in part, shall
be inadmissible in evidence.
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Answer: During custodial investigation or Interrogation
*Custodial Investigation or Interrogation- ceases to be a general
inquiry about the commission of a crime and focuses on a person as a
suspect of the crime.
- The interrogation could start anywhere so long as the manner of
questioning focuses on a person. This right is commonly violated by police
officers.
RIGHTS DISCUSSED:
1. Right to remain Silent
- This is pretty much tied with the rules on evidence as where
“Silence is an implied admission of guilt because a person faced
with a bold-faced lie would challenge the statement.
Question: Will there be a conflict between the Rules of Evidence and the
Constitution?
Answer: No. There is no conflict as the constitution would prevail over
mere remedial law. Thus, If a person will be apprised of his constitutional
right to remain silent and decides to exercise that right, there could be no
adverse effect or inferences for such practice.
-the best rule to avoid possibility of eliciting incriminatory statements
against the accused is SILENCE.
Question: Are information given to private persons admissible?
Answer: Yes, these are admissible as evidence to the courts. Kaya pag
may media, keep quiet na dapat. Anything admitted to private persons are
admissible as evidence.
Question: Is there a legal rule forcing one to abide by police invitations?
Answer: None, but such invitation, if refused, could lead to suspicions and
doubts.
2. Right to competent and independent counsel of own choice.
Question: Who is a competent counsel?
Answer: There is no actual standard for such qualification.
-Mere employment in the government of a lawyer does not give rise to the
presumption of a competent counsel.
-the main gauge should be the probity and the integrity of the counsel in
representing the client or the accused.
-if chosen by the accused, there could be no more challenge to such
decision.
-the acts of the counsel basically bind the clients unless there is grave
negligence or mistake.
-A lawyer should not be acting as an agent of the police but of the client.
3. Person who cannot afford a lawyer has the right to be provided the
services of a lawyer either by the state or a third person. (de officio/
pro bono lawyer)
4. Right to be informed of these rights.
- This refers to the actual recitation of the Miranda rights and explaining
these properly to the one arrested or placed under custodial investigation.
When are these rights available:
a. After the person is taken into custody
b. When a person is otherwise deprived of freedom already
c. When the investigation is being conducted by any of the law
enforcement agency
d. When the suspect is signing an inventory, or booking sheets
Question: Can you invoke these rights against Kagawads?
Answer: NO. Kagawads are not law enforcers per se. They are mere
augmentation forces and not law enforcements officers and are therefore
still considered as private persons within the ambit of these rights.
When are these rights NOT available?
1. During Police Line-Up – this is a procedure whereby the person
accused would be asked to appear in front of the complainant and
the witnesses and the latter would be asked to point on the accused
being complained of.
2. Paraffin Tests – The rights are not applicable here because this is
a mere mechanical act.
3. Collection of body specimen – you can be compelled to give such
specimen as needed but you are not entitled to these rights due to
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its mechanical characteristic and not a mental characteristic which
the former are not covered by the constitution.
Question: Can you be compelled to write whenever there is a charge for
falsification and forgery?
Answer: No. In the herein case, the act of writing is already a mental act
which is protected by the constitution.
*Re-enactment of a crime is likewise protected by the Constitution which
requires the Miranda Rights.
*Confession to newsmen/ media personnel are not covered by the Miranda
rights as well.
*If the police is an accomplice or accessory to the admission, the rights
are available.
*Voluntary admission of guilt is not covered by the Miranda Rights.
NON-APPLICABILITY OF THE MIRANDA RIGHTS
**Administrative investigations – because the quantum of evidence is
different. Any right in violation of custodial investigation is considered
not admissible.
*Administrative Proceedings- substantial evidence is needed even with
element of compulsion.
*Confession Voluntarily made – ordinarily, these rights will not apply.
-it does not prohibit but the constitution gives standards and requirements
for these to be considered valid.
STANDARDS OF CONFESSION:
1. The confession should always be in writing
2. It should always be made with the assistance of counsel.
VALID WAIVERS:
1. Made in writing
2. In the presence of counsel
SITUATION:
Two persons, A and B, were arrested for the commission of a crime and
they were informed of their Miranda rights. A admitted the responsibility
for the crime while B remained silent. Is B bound by the confession of
A?
ANSWER: No, due to the res inter alios acta rule. Under this rule, only
the person making the confession or admission is bound by such and it
will not have the power to bind other people.
QUESTION: Is there a way that a confession made by a person may be
used to bind other people?
ANSWER: Yes. If such confession is repeated in the course of the trial.
This now becomes a confession which binds other people.
Right to Bail
Rule 114, Sec. 1, Rules of Court
Bail - security post by an accused in order that his presence in the course
of the criminal trial may be guaranteed by the court
Different Kinds: (CSRP)
a. Cash bail
b. Property bail
c. Surety
d. Recognizance- promise to attend
Section 3. All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before
conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail shall not be
impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.
Who are entitled to bail?
General Rule: All persons actually detained shall, before conviction, are
entitled to bail.
- (Key Element) Actual Deprivation of Liberty - Person must
be arrested first.
- Client can only avail bail if he voluntary surrenders
(becomes a mitigating circumstance)
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- Court cannot acquire jurisdiction in the absence of detention
or actual arrest of the person. Courts should acquire
jurisdiction over the accused first to avoid grave abuse of
discretion.
How much to bail? - Depends on what crime is committed or
what penalty or punishment is imposed in such particular crime .
Case: Offender of homicide, already convicted, on a pending appeal, can
he file for bail?
Answer: Yes, he can but bail if a matter of discretion.
Exceptions:
1. If the crime is punishable by reclusion perpetua, life
imprisonment or death, and the evidence of guilt is
strong – person is not entitled to bail, as a matter of
right.
 If the evidence of guilt is NOT strong, even if the
punishment is reclusion perpetua - person is
entitled to bail.
 If the evidence of guilt is not strong, ask for
preliminary hearing (summary in nature) to
determine the strength of the evidence of guilt. Court
will require the prosecution to summarize. If the
evidence of guilt is not strong, bail is a matter of
discretion.
 If a crime is not under such penalties of reclusion
perpetua, life imprisonment or death, a person’s right
to bail is always a matter of discretion.
2. Upon conviction and the case on pending on appeal, bail
is a matter of discretion.
3. Bail is not available in a military proceeding (Court
Marshall Proceedings), especially martial courts.
Other Rights Connected to the Right of Bail
1. The right to bail shall not be impaired if the writ of privilege of
habeas corpus is suspended.
2. Excessive bail is prohibited – tantamount to deprivation of the
right to bail. This is only applicable to bail as a matter of right.
Factors to consider in setting the amount of bail:
a. Financial capability
b. Nature of the offense
c. Penalty imposed by the Law
d. Character and reputation of the accused
e. Health of the accused
f. Whether or not the evidence of guilt is strong
g. Probability of the accused jumping bail – when the accused
posted bail but in the course of trial, he will not appear
Question: Can the courts pronounce judgment even if the
accused jumped bail?
Answer: Yes. But if the accused was not arrested, then
archiving will be done with outstanding bail.
h. In past cases, the accuse already availed for bail
i. If the accused is a fugitive from justice
- Evading or escaping prosecution
- Escaping from final judgment of case
Case: Enrile v. Sandiganbayan
Section 13:
(1) No person shall be held to answer for a criminal offense
without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the right to
be heard by himself and counsel, to be informed of the nature and
cause of the accusation against him, to have a speedy, impartial,
and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf. However, after arraignment,
trial may proceed notwithstanding the absence of the accused:
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Provided, that he has been duly notified and his failure to appear
is unjustifiable
Rights of the Accused Charged with a Criminal Offense (DIHI-SWP)
1. Right to due process of law
2. Right to be presumed innocent
3. Right to be heard by himself and counsel
4. Right to be informed of the nature and cause of the accusation
against him
5. Right to have a speedy, impartial, and public trial
6. Right to meet the witnesses face-to-face
7. Right to be present during trial
(2) Presumption of Innocence
Why? – to equalize the playing field in a criminal trial
– Because we consider the power of the state/gov’t in the course
of criminal trial; has all the resources to assume that the accused
is innocent; it can compel the attendance of a witness to prove
guilt of accused.
– Therefore, the prosecution should prove all the elements of the
crime and prove the precise degree of culpability because failure
to do so would lead to possible dismissal.
**Does it (Criminal Cases) require absolute certainty of
truth?
- Only moral certainty on the part of the judge is trying in the case
such an evidence to know that the accused is guilty of the crime
committed.
- Required on the part of the prosecution to prove evidence to the
guilt of the accused beyond reasonable doubt.
(3.a) Right to be heard by himself and counsel
Includes: a. Right to be present in all trial proceedings; also includes right
not to attend trials
Stages when the Presence of the Accused is MANDATORY
1. Arraignment – formal part of the criminal trial wherein the
information will be read, then the accused will have to reply either
guilty or not guilty
What if the accused will not enter a plea of guilt? – Judge will
enter a plea of not guilty
2. Identification of the Accused - process where the witness will be
presented with the prosecution, narrate the facts, state for the
record, whether or not he can identify the person of the accused
3. Promulgation of Judgment – failure of appeal
QUESTION: What if accused did not attend in the
promulgation of judgement?
ANSWER: If ACQUITTED, then no problem. If convicted
however, then it would depend if the offense is bailable or not. If
it is bailable, then such absence warrants a forfeiture of the bail. If
such is non-bailable, then it warrants an issuance of the detention
order.
- This entails reading the decision and the absence would lead
to the entry of decision in the “Books of Judgment” which
manifests as if the decision was read to the accused.
** Trial in Absencia – only possible if the accused was arraigned.
Prior to that, the court needs to know first of the plea of the accused
– accepting guilt or contesting against the accusations.
(3.b) Right to Counsel (Right to effective Representation)
- It is mandatory, Objective presenter of facts and the law.
- The accused has the right to choose his lawyer, if he wants to.
- If he does not want, he can avail of a counsel de officio.
- If the accused is heard in an arraignment, just must inform the accused
that he has the right to counsel; judge appoints a de officio counsel
- Something that cannot be waived by the accused
- But if the accused refuses the ex officio, if he desires to have a counsel,
then the courts cannot compel him to immediately have a counsel,
reasonable time should be given.
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(4) Right to informed of the nature and cause of the accusation against
him
Purpose: To furnish the accused with a description of the charges against
him as to allow him to make his defenses.
- Criminal Information must allege all the elements in a crime
and the aggravating circumstances
Homicide – included in the crime of murder
Acts of lasciviousness – are included in the crime of rape
Robbery – crime of theft is included
**This right does not benefit the accused only but as well as the
prosecution so that they can be guided on which pieces of evidence
to use in the trial.
**In the course of a trial, the court will now control the process in the
trial and can identify which of the evidences or allegations are
relevant.
**Failure to allege any material facts on the information would lead
to dismissal or non-conviction, even if the prosecution was able to
present evidence proving the crime.
FORMAL DOCUMENT: Criminal Information- this alleges all the
material elements of the crime as well as the aggravating
circumstances in the crime.
- the prosecutor should know the material elements of the crime.
-the prosecutor is bound by the charges and allegations in the
information.
Question: What if the crime proven is necessarily part of the crime
charged?
Answer: Then the conviction is still possible as long as the elements
are proven. Ex: Homicide and Murder, AoL and Rape, Theft and
Robbery
(5.a) Right to a speedy trial
Speedy Trial – RA 8493 (Speedy Trial Act of 1998)
- Stating a period wherein a case has to be decided
Rules:
1. Upon filing of the information, the arrest or the surrender
of the accused, the court can file within 30 days to set the
case for arraignment.
2. Accused has 15 days to answer the allegation.
3. Judgment/decision of the case shall not exceed 180 days
Factors in determining whether a right to speedy trial is violated
1. Time expired from the filing of info
2. Length of delay involved
3. Reasons for the delay
4. Assertion/non-assertion of the right by the accused
5. Prejudice caused to the defendant
Why know these? In order to invoke the provisions of RA 8493 to
dismiss the case for the delay caused.
*Kung ang accused mismo ang nag-cause ng delay, he cannot
invoke this right.
*If detained, and there is undue delay, he can also apply for the
writ of habeas corpus aside from dismissal in case of time more
than 30 days without arraignment.
*If the case has been dismissed by reasons of the above-mentioned
law, then the case can no longer be re-filed because it would be a
violation to the right against double-jeopardy.
(5.a) Right to an impartial trial
Concept of Impartial trial and impartial judge
**Cold Neutrality - where a judge who is disinterested in the outcome
of a case
- Judge cannot conduct cross-examination but only
clarificatory questions to the witnesses
*Voluntary Inhibition- relations of judge and the parties should lead to
voluntary inhibition by the judge.
Concept of a Public Trial
G.R.: As a rule, a criminal trial is open to the public, where
everyone witnesses it and can even have it recorded.
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However, certain crimes are excluded in a public hearing because

they are offensive to public morals and decency.
Ex. Rape, acts of lasciviousness, any crime with a minor party or
is a child
**CCTV Hearing is allowed when the witness is a minor due to
public decency.

(6) Right to meet the witness face-to-face

-This is the right to confront the accuser as well as the witnesses of
the accuser. Confrontation is allowed only in a cross-examination
as part of the due process
.
Stages:
1. Arraignment
2. Pre-trial
3. Presentation of Evidence-in-Chief by the prosectution/
Defense

Stage 1: Direct Examination of Witnesses

Purpose: to build up the theory of the case by the proponent

Stage 2. Cross Exam of the Adverse/Defending party

Purpose: to destroy the theory of the adverse parties by the
prosecution
*time allowed to judicially confront the witnesses
*only ask open-ended questions

Stage 3: Re-Direct Exam

Purpose: to give the proponent to be rebutted

Stage4: Re-cross Exam

4. Pronouncement of Judgment

Question: Can you waive Cross Examination?

Answer: YES.