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Assistance Shall Not Be Denied To Any Person by Reason of Poverty
Assistance Shall Not Be Denied To Any Person by Reason of Poverty
Sec 11. Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.
Poverty should not be a reason to deny a person (suspect) access to judicial or quasi
judicial. Adequate legal assistance.
PAO- free legal assistance as provided by the supreme court.
PP vs Cruz
Person flagged down by the police for not wearing helmet. He was asked questions
by the road side, thereafter brought to the police station. He admitted to have
committed violation of an ordinance.
Investigation conducted in the road side, considered as custodial investigation? NO!
that much of time, and cant properly done at the road side.
There cant be a custodial investigation on the road side.
If he makes an admission, admissible in evidence because he is not yet entitled to
custodial rights.
e.g. accused got arrested, he was placed before he was questioned in a police line up,
and was identified by the witness. Is the Identification in a police line up admissible
considering that he was not informed of his rights neither be assisted with a lawyer?
Yes, because custodial investigation has not yet commenced. The identification is
just standing there, It is a mere mechanical act.
If the investigation in a police line up, he was alone. Basically in facing the witness,
to point him as the culprit, if he was not informed of his rights to remain silent and
be assisted of a lawyer, that may already be considered as part of his custodial
investigation, NOT ADMISSIBLE IN IDENTIFICATION.
On the day of 2019, where were you? It can be incriminating because what if
incidentally you are in the crime scene.
I was not there – may be charged for perjury for telling a lie.
Invoke your right to remain silent!
Right to remain silent is not just limited to vocal answer, it may also include to
require you to perform acts that are communicative in nature.
Can you be compelled to put your foot in a foot print that was suspected to
have been left by the culprit?
Police asked the person, can you please put your foot in the footprint? Can
you be compelled?
Gun powder test (paraffin test). Can be compelled?
Mug shots and taking of measurement of your body. Can be compelled? What
if all these will fit the description of the footprint?
Woman accused by her husband of infidelity. Compelled to undergo
pregnancy test. The results taken from her body will not be used against her.
Self incriminating.
Snatcher swallowed the necklace. Police let him take up something that he
will vomit the necklace. Can be used as evidence against him?
It may be self incriminating, but the question should have been, can you be
compelled?
Can be compelled to give a sample of hair or blood or saliva for DNA testing
to compare it to the evidence that was found in the crime scene?
All these acts are mechanical in nature, and as such, they may be self
incriminating, but you can be compelled, because you don’t have to use your
intelligence to produce them or perform them. ADMISSIBLE in evidence. You
can be compelled. Should you refuse, that may be taken against you.
Presumption arises that you might be hiding something, because you
refrained from performing acts that are mere mechanical.
BUT!
Asked to give a sample of your hand writing.
Presented a falsified document during the custodial investigation.
Is this your hand writing?
Can be compelled to give a sample of your hand writing?
Must invoke the right to remain silent.
The moment you say no, that is not mine. Considered that you have waived your
right to remain silent. Then in which case be compelled to give a sample of your
hand writing and compare it to the falsified document.
The answer should be, I invoke my right to remain silent. Not admission or
denial.
In drug cases, asked to sign the inventory, will that be an admission that those
evidences were actually recovered from your possession? Admissible in evidence to
prove that you admitted as you sign the inventory.
The signature is nothing, and cant be used against you, especially when not assisted
by a lawyer when you signed the inventory.
Asked to sign a booking sheet for a crime. Admissible in evidence? There’s only the
proof of a fact of arrest.
Can refuse to sign because later it may be used against you.
Asked to affix signature and initials to each evidence caught against him.
INADMISSIBLE. Violated his right against self incrimination and right to remain
silent because this was done during the custodial investigation immediately after his
arrest.
Failure of the law enforcer to inform the suspected of his custodial rights is the basis
for criminal, administrative and civil liability.