THERAPEUTIC MODALITIES

INSTRUCTION TO THE USER This module would provide you an educational experience
while independently accomplishing the task at your own pace or time. It aims as well to ensure
that learning is unhampered by health and other challenges. It covers the topic about laws on
human rights. Reminders in using this module:
1. Keep this material neat and intact.
2. Answer the pretest first to measure what you know and what to be learned about the topic
discussed in this module.
3. Accomplish the activities and exercises as aids and reinforcement for better understanding of
the lessons.
4. Answer the post-test to evaluate your learning.
5. Do not take pictures in any parts of this module nor post it to social media platforms.
6. Value this module for your own learning by heartily and honestly answering and doing the
exercises and activities. Time and effort were spent in the preparation in order that learning
will still continue amidst this Covid-19 pandemic.
7. Observe health protocols: wear mask, sanitize and maintain physical distancing.

INTRODUCTION
Therapeutic Modality Program is an approach that focuses on the learning and relearning
of behavioral skills, attitudes and values, associated with socialized living of persons deprived of
liberty in a jail setting.It is the avenue for the PDLs which fosters their personality and attitude in
jail while preparing for their reintegration to the society they belong. The success of the
Therapeutic Community treatment model is also anchored on the implementation of restorative
justice. To highlight the principles of restorative justice,offenders are recognized to indemnify
victims and render community services to facilitate the healing of the broken relationship caused
by offending the concerned parties. Mediation and conferencing are also utilized in special cases
to mend and/ or restore clients' relationship with their victim and the community.
This module also intends to discuss the importance of human rights of every person in the
community.People behind bars are noted to be not all sinners, so this is so timely and significant
to discuss these programs of the government that focuses on the welfare of persons deprived of
liberty. This is the only last resort they need to have as preparation for them to be reunited with
their loved ones outside of prison cells. It also emphasized the different rules to be observed
under the United Nations Standard Minimum Rules for the Treatment of Prisoners or The Nelson
Mandela Rules. Its covenants are very significant in the total rehabilitation and reshaping of the
PDL's behavior while inside the jail.

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Lesson 1. LAWS ON HUMAN RIGHTS
A. Learning Outcomes At the end of the lesson, the students can
1. discuss the human right violations happen in our society in terms of civil, political, collective,
social and cultural rights.
2. make a poster to promote the basic human rights of individuals against any form of violation.
3. write a reflection paper on the United Nations Standard Minimum Rules for the treatment of
prisoners

GENERAL NATURE AND DEFINITION OF HUMAN RIGHTS Human Rights

Those rights, which are inherent in our nature and without which, we cannot live as human
beings.
It allows us to develop and use our human qualities, intelligence, talents and conscience and to
satisfy our spiritual and other needs, Supreme, inherent and inalienable rights to life, dignity, and
self-development. The essence of these rights makes man human.
Basic Characteristics of Human Rights:
1. Inherent- Not granted by any person or authority.
2. Fundamental- without them, the life and dignity of man will be meaningless.
3. Inalienable- cannot be rightfully taken away from a free individual. Cannot be given away or
be forfeited.
4. Imprescriptible-cannot be lost even if man fails to use or assert them, even by a long passage
of time.
5. Indivisible- Not capable of being divided. Cannot be denied even when other rights have
already been enjoyed.
6. Universal- It applies irrespective of one's origin, status, or condition, or place where one lives.
Rights can be enforced without a national border.
7. Interdependent-The fulfillment or exercise of one cannot be had without the realization of the
other.

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Human Rights Principles:
The dignity of man and human life is inviolable. From the dignity of man is derived the right of
every person to free development of his personality. A legitimate state should exist to assure that
in the discharge of the governmental functions, the dignity that is the birthright of every human
being is duly safeguarded.

Classification of Rights:
1. Natural Rights- God-given rights, acknowledged by everybody to be morally good.
Unwritten, but prevail as norms of the society.
2. Constitutional Rights- Conferred and protected by the constitution and which cannot be
modified or taken away by the law-making body.
3. Statutory Rights- Those rights which are provided by a law promulgated by the law
making body. May be abolished by the body that created them.
Stages of Human Rights
（1)Idealization-Notions of human rights starts in the realm of ideas that reflect a consciousness
against oppression or inadequate performance of the State.
（ 2) Positivization - Where the support for the ideas becomes strong, and thus incorporate them
into legal instruments.
（ 3)Realization-When these rights are already being enjoyed by the citizens by the
transformation of the social, economic, and political order.

Three obligations of State Parties

（1)Obligation to respect  Article 2(1) of the ICCPR contain this obligation  Indicates that the
negative character of civil and political rights, commanding the State to refrain from restricting
the exercise of these rights is not expressly allowed.

（2) Obligation to ensure  Article 2(1) of the ICCPR also encompasses this obligation, that
State parties must be proactive to enable individuals to enjoy their rights-Article 2(2) of the
ICCPR points out that to provide for an effective remedy to victims of human rights, it must
adopt executive, judicial and legislative measures.
（3) Obligation to protect - to prevent private individuals, groups, or entities from interfering
with the individual's civil and political rights.

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SOURCES AND FOUNDATIONS OF HUMAN RIGHTS LAW

 The 1987 Constitution - The Constitution itself is a source not only the Bill of Rights. The
1987 Constitution is the basic source of human law in the Philippines.

 As early as Biak na Bato, our forefathers are conscious of the rights of human beings.

 A novel feature of the 1987 Constitution is the independent constitutional office of the
Commission of Human rights, the first national human rights commission in the world

 The CHR is not a regular commission, not like the CoA or the civil service, etc. It is an
independent commission that investigates human rights violations and establishes programs of
education and information to enhance respect for the primacy of human rights.

 This Constitution is sometimes called as "Human Rights Constitution".

 The 1987 Constitution is the seventh Constitution drafted by Filipinos.

International Bill of Rights –U Thant, former Secretary General of the UN called the three
(3) documents and the Optional Protocol to the Covenant on Civil and Political Rights as
"Magna Carta for mankind" and is "the essential prerequisite for peace at home and 1 in
the world".
Universal Declaration of Human Rights (UDHR)

 The Commission on Human Rights of the United Nations drafted the UDHR, while the United
Nations passed it. The chairwoman was former first lady Eleanor Roosevelt. The declaration
was adopted by 48 votes in favor, none against and eight abstentions.

 Carlos Romulo was also there during the drafting of the CHR of the UN.

 The preamble to the UDHR refers to the concepts of inherent human dignity and one
inalienable nature of human inherent. It is also called for inter-cultural consensus by indicating
that a common understanding of the rights and freedoms to is achieve promotion of universal
respect for and observance of human rights and fundamental freedoms.

 The UDHR is the first internationally adopted catalogue of human rights.

 Mary Robinson, former High Commissioner for Human Rights, said that the common
language of humanity, the language of human rights, is enshrined in the UDHR.

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International Covenant on Civil and Political Rights (ICCPR)  Adopted unanimously by
106 States and entered into force1976.

International Covenant on Economic, Social and Cultural Rights CIVIL AND

POLITICAL RIGHTS Bill of Rights in the 1987 Constitution-

 The Bill of Rights is a regular fixture in all Philippine Constitutions, except in the Biak na
Bato Constitution of 1897.

 1935 Constitution, 1973 Constitution, 1986 Freedom Constitution - Bill of Rights 1943
Constitution- Duties and Rights of the Citizens.

 1899 Malolos Constitution - The Filipinos and their National and Individual Rights.

Bill of Rights - An enumeration of civil and political rights that are self-executing. It also serves
as a restriction upon the powers of the State in order to preserve constitutional harmony and
stability.
-Father Joaquin Bernas, SJ - The Bill of Rights is to declare some forbidden zones in the private
sphere inaccessible to any power holder.
The provisions in the Bill of Rights can be classified into four (4) types.
(1) The completely new provisions. Section 12(4), 18(1), 19(2)
(2)The old provisions that contain amendments by addition Section 4, 6, 7, 11, 12(1), 12(2),
12(3), 13, 19(1)
(3) The old provisions where words and phrases were amended by deletion. Section 2, 15
(4) The cd provisions that remained intact. Section 1, 3(1), 5, 9, 10, 20, 21, 2

Comprehensive Agreement on Respect for Human Rights and International Humanitarian

Law - this is the fruit of the negotiations of the government and the rebels.
-The first substantive agreement signed by the Negotiating Panels of the Government of the
Philippines in the Hague, Netherlands.

 This comprehensive agreement consists of seven (7) parts:

 The Preamble - introduces the Agreement and articulates the reasons for and the intention of
the parties.

 Declaration of Principles

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 Bases, Scope, and Applicability

 Respect for Human Rights Respect for International Humanitarian Law

 Joint Monitoring Committee

 Final provisions

Human rights are the basic rights inherent to all human beings from birth until death.
These rights include the right to life and liberty, personal security, freedom from torture,
freedom from discrimination, and freedom from arbitrary arrest, among others.

PREAMBLE
We, peoples of the Philippines, give the highest value to the dignity and fullness of life of
the human person and share a common aspiration for human rights—even as we speak different
languages and dialects, profess different spiritual beliefs, and uphold different ideologies.
Ours is a history of revolutionary struggle against all forms of oppression for national
freedom, justice, equality, and peace. The same struggle and aspirations for freedom and respect
for human rights have inspired our collective spirit to become a nation proud of our heritage and
diverse culture. Today, we rekindle the same revolutionary spirit in our struggle against the
negative effects of globalization, debt burden, environmental destruction, social inequality , and
poverty. These make human and peoples’ rights our foremost concern.

We assert that human and peoples’ rights are our fundamental, inherent, and inalienable
rights to life, dignity, and development. We recognize that these rights are universal,
interdependent, and indivisible and are essential to fulfill and satisfy our civil, political,
economic, social, cultural, spiritual, and environmental needs. They are what make us human.
The growing democratization process and human rights consciousness as exemplified in
the active participation and assertion of civil society have served as tools in opposing all forms of
human rights violations and all forces that block our development as individuals and as a nation.
Therefore, we hereby proclaim by this declaration, the basic standards for the protection,
promotion, respect, and fulfillment of human and peoples’ rights by the State.

INDIVIDUALS, SOCIETY, AND THE STATE

1. We have the natural right to life and liberty and are equal in dignity. Equal concern and
respect for these basic rights should be guaranteed, protected, and upheld by the State.
2. The State has the duty to safeguard and assure the dignity of its peoples as individuals
and as members of communities and ensure their capacity for self development. The State

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 should formulate policies, enact laws and provide mechanisms that are in conformity with
universal human rights standards.
3. The State has the obligation to provide the highest standard of living for its citizens by
eradicating social, economic, political, cultural, and ethnic and gender inequalities. In the
determination and implementation of laws and policies, the government must always
respect and consider the concerns of women, children and youth, persons with
disabilities, the mentally challenged, older persons, indigenous and Moro peoples, the
urban and rural poor, farmers and fisher folk, workers - local and overseas, public or
private, whether formally employed or not, displaced families and communities and other
vulnerable sectors, with the view to ensuring their empowerment.
4. The diversity and plurality of the Philippines must be safeguarded through respect and
tolerance. The State must respect and promote harmony and understanding between and
among individuals, communities and peoples. It must uphold non-discrimination among
peoples regardless of age, race, ethnicity, religion, gender, physical ability, sexual
orientation, social beliefs and political convictions. Cultural traditions and
institutionalized power shall not serve as justification for any form of violence, abuse,
neglect, or deprivation of human and peoples’ rights.
CIVIL RIGHTS
5. We have the right to life, liberty, security and property. We have the right to a
transparent, credible, competent and impartial justice system, free from influence and
corruption, where wrongs are redressed and justice is dispensed fairly, speedily and
equitably. We must have equal access to the courts and adequate legal assistance. We
must be treated equally before the law regardless of our political, social and economic
status.
6. We have a right to the security and privacy of our persons and our homes. The State shall
respect and uphold our right to the privacy of communication, information, private
transactions and affairs. The State shall ensure our freedom of movement and liberty of
abode.
7. The requirements of due process of law shall be observed before, during and after trial.
The accused is presumed innocent until proven guilty and shall enjoy the right against
selfincrimination, the right to an independent and competent counsel preferably of his or
her own choice, and the right to be informed of such rights.
8. Detainees and prisoners have the right to humane conditions of detention with adequate
food, space and ventilation, rest and recreation, sanitary and health services, and skills
training. They have the right to communicate with counsel, family and friends and be
visited by them. The right to practice their religious beliefs and to express themselves
shall likewise not be denied. The State must provide separate detention facilities for
women and children in conflict with the law. Detainees and prisoners shall be given the
opportunity for correction and rehabilitation towards their reintegration into society.

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 9. No person shall be subjected to arrests, searches, seizures and detention without due
process of law. No suspect, detainee or prisoner shall be subjected to torture, force,
violence, intimidation, harassment or threats. No accused shall be subjected to trial by
publicity. Neither shall cruel, inhuman or degrading punishment or treatment or
incommunicado or solitary confinement be imposed.
10. We have the right against involuntary disappearances. The State shall protect its citizens
from all forms of systematic and massive extrajudicial and summary killings. The State
shall take responsibility for all the acts of its State agents and give information and
assistance to the families of the disappeared.

POLITICAL RIGHTS
11. We have the right to live in a democracy and are entitled to enjoy its benefits. The right to
meaningful representation, participation and decision-making about individual and
community concerns shall be recognized and maintained. The protection of life, liberty
and property, the upliftment of economic conditions and the promotion of the general
welfare are essential prerequisites of a truly democratic society.
12. Public office is a public trust. Transparency, accountability, integrity and competence are
minimum standards of good governance. It is the State’s duty to eliminate graft and
corruption at all levels of the bureaucracy. Towards this end, our right to information on
matters involving public interest shall be safeguarded.
13. We have the right to determine, participate, intervene and take action in all matters that
directly and indirectly affect our welfare. The freedoms of speech, press, association and
peaceful assembly shall at all times be recognized and protected by the State.
14. The State shall provide equal access to opportunities for public service to all competent
and qualified citizens. The State must equitably diffuse political power and prohibit
political dynasties in accordance with democratic principles.
15. Sovereignty resides in the people. We reserve the right to defy a tyrannical, oppressive
and corrupt regime by means consistent with general principles of human rights.

SOCIAL AND CULTURAL RIGHTS

16. We have the right to enjoy the highest standard of health. The State shall ensure that its
citizens shall be adequately nourished and free from hunger. The State has the obligation
to establish a responsive social housing program and protect the people from unjust
evictions from their homes. Protection and assistance shall be accorded marginalized
families and vulnerable sectors of society.
17. We have the right to a free, accessible, relevant, nationalistic, quality, gender and
culturally sensitive education, responsive to our needs, which advances the culture of
human rights.

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 18. The State must establish a responsive social welfare system that contributes to the
continuous improvement of its people and their lives. All public utilities should be
accessible and affordable to meet the peoples’ basic necessities.
19. Children and youth have rights to special care, education, health, and protection against
all forms of abuse, discrimination, exploitation, corruption, and conditions affecting their
moral development. The best interest of the child shall always take precedence in State
policies and laws.
20. Women are partners of men in nation building. They have equal rights in civil, political,
social, and cultural aspects of life. The State shall protect and defend them from
discrimination, exploitation, trafficking, assault, battery and other forms of abuse and
violence.
21. Men and women have reproductive rights. The State shall recognize the rights of all
couples and individuals to decide freely and responsibly the number, spacing and timing
of their children and to have the information and means to do so, and the right to attain
the highest standard of sexual and reproductive health. The State shall also recognize the
rights of couples in making decisions regarding reproduction free of discrimination,
coercion and violence, as expressed in human rights documents.
22. The indigenous and Moro peoples have the right to equality with all other peoples and
against all forms of discrimination. They have the right to existence as distinct peoples
free from assimilation as well as the right to resist development aggression, which
threatens their survival as a community. Thus, the State shall assist and support them in
the protection and preservation of their culture, language, tradition and belief. They have
an inherent right to their ancestral domain, which must be given urgent immediate
attention and protection by the State and should be respected and defended by all.
23. The State shall accord special protection to persons with disabilities. They have the right
to enjoyment of equal opportunity as well as appropriate and accessible social services,
education, employment, rehabilitation and social security.
24. Older persons shall be given preferential treatment by the State. They shall be given
priority in terms of accessible social security and health.

ECONOMIC RIGHTS
25. We have the right to a nationalistic and independent economic policy protected from
foreign domination and intrusion. We have the right to a self-reliant economy based on
national industrialization. We have the right to resist all forms of oppressive and
unreasonable trade liberalization, to oppose a subservient debt management strategy, and
to repudiate all foreign debts that do not benefit the people. The State shall develop
efficient and effective debt management strategies that will benefit the people and shall
give preferential treatment to local capital.
26. We have the right to equal access to employment opportunities and professional
advancement. The labor force is the lifeblood of the country and all workers have the

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 right to just compensation, dignified and humane working environment, job security, the
right to form and join unions and organizations, to bargain collectively, to go on strike
and to actively participate in political life. Discrimination in the work place, sexual
harassment, slavery, exploitation, and child labor shall not be tolerated. Moreover,
overseas workers have the right to enjoy the basic rights accorded to workers in their
respective host countries, consistent with international labor laws or standards.
27. Land, as a limited resource, bears a social function. The right to own land should be
limited to Filipinos and shall be guided by the principle of stewardship and subject to the
demands
of the common good. Peasants shall have the right to own the land they till through a
genuine agrarian reform program including support services. Landowners shall also be
protected from land grabbers through effective legal and administrative measures.
28. Fisher folk have the right of access to fishing grounds, to protection from foreign
incursions and local large- scale/commercial fishing business, to genuine aquatic reforms
and to the preservation and protection of communal fishing grounds.
29. We have the preferential right to the judicious cultivation, utilization, and preservation of
our natural resources which will ensure an ecological balance that can support and sustain
the total physical and economic well-being of every person, family and community.
30. The marginalized and vulnerable sectors shall have preferential access/control to credit
and micro-finance, and the right to skills and livelihood training, which shall contribute to
the constant improvement of their lives.

COLLECTIVE RIGHTS
31. We have the right to self-determination. This right provides us with the freedom to
develop ourselves as peoples, preserve our culture and retain our national identity. Our
peoples shall not be coerced into assimilation, nor shall force evacuation, dislocation and
displacement resulting from development aggression and other State policies should be
allowed. We have the right to resist any form of political, economic, social or cultural
domination by resorting to any legitimate means.
32. We have the right to a clean, safe and sustainable environment that supports an equitable
quality of life. Ecological balance must be preserved in the pursuit of national
development because the capacity of our resources to continue supporting our daily needs
is limited. Collectively, we have the intergenerational responsibility to protect, conserve
and develop our natural environment for the enjoyment of present and future generations
of Filipinos.
33. We have the right to a social order, which is conducive to peace and development. It is
the duty of the State to undertake a comprehensive peace process that reflects the
sentiments, values and principles important to all peoples of the Philippines. Therefore, it
shall not be defined by the State alone, nor the different contending groups only, but by
all peoples of the Philippines as one community. The promotion and protection of our

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 rights must be geared towards international understanding, solidarity among peoples and
nations, and friendship among all racial, ethnic or religious groups.

WHAT KINDS OF HUMAN RIGHTS EXIST?

Human rights are inherent to all humans, regardless of their nationality, race, gender, religion,
language, or sexual orientation. The concept of human rights may not be new, but it’s gone
through significant changes over time. In the past, only the rights of privileged groups of people
were respected. In 1948, the newly formed United Nations General Assembly adopted the
Universal
Declaration of Human Rights (UDHR). This codified the necessity of human rights for all.
International law, national constitutions, and other conventions support and expand on the
UDHR. What kinds of human rights exist?

THEORETICAL CATEGORIZATIONS
Some theories help us understand where the concept of current-day human rights comes from. “
Natural rights” are a very old philosophical concept. Related to natural law, natural rights refer to
rights that are universal and inalienable. They are not related to any government or culture. By
being human, a person is entitled to their natural rights. That’s where we get the concept of
universal human rights. Another example of human rights categorization is the distinction
between positive rights and negative rights. The state must provide access to positive rights, like
food, housing, education, and healthcare. Negative rights refer to the freedom from certain
things, like slavery, torture, and suppression. It’s the state’s role to ensure these violations do not
occur. In the “three generations” framework of human rights law, which has most impacted
Europe, negative rights are first generation, while positive rights are part of the second and third
generations.

ECONOMIC, SOCIAL, AND CULTURAL RIGHTS

34. The UDHR and other documents lay out five kinds of human rights: economic, social,
cultural, civil, and political. Economic, social, and cultural rights include the right to
work, the right to food and water, the right to housing, and the right to education.
Documents like the International Covenant on Economic, Social, and Cultural Rights,
which was established in 1976, protect these rights. Conventions like the Convention on
the Rights of the Child safeguard the economic, socia l, and cultural rights of specific
groups. As with all types of human rights, the state’s responsibility is to protect, promote,
and implement economic, social, and cultural rights. Specific examples in this category
include:
The right to work in a safe environment for a fair wage

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 The right to access medical care, including mental health care
The right to accessible education
The right to adequate food, clothing, and housing  The right to affordable
sanitation and clean water
The right to take part in cultural life
The right to enjoy the benefits of scientific progress  The right to social
security

CIVIL AND POLITICAL RIGHTS

Civil and political rights include articles from the first part of the Universal Declaration of
Human Rights. They state that people must be allowed to participate freely in civil and political
life without facing repression or discrimination. While economic, social and cultural rights are
framed as rights a person is entitled to, most civil and political rights are about protection from
certain things, like torture and slavery. Documents like the International Covenant on Civil and
Political Rights and its two Optional Protocols outline rights such as:

The right to life, which is violated by actions like death by torture, neglect, and use of force

The right to freedom of expression, which is violated by restricting access to ideas and limiting
press freedom

The right to privacy, which is violated by intruding on a person’s sexual life or personal data

The right to asylum, which is violated by deporting someone to a country where their lives are
at risk

The right to a fair trial and due process, which is violated by a court that’s not impartial and
excessive delays

The right to freedom of religion, which is violated when someone is punished for following
their beliefs or forced to adopt another religion

The right to freedom from discrimination, which is violated when traits like race, gender,
religion, etc are used as justification for actions like being fired from a job.

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (ABBREVIATED)

Article 1 Right to Equality
Article 2 Freedom from Discrimination
Article 3 Right to Life, Liberty, Personal Security

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Article 4 Freedom from Slavery
Article 5 Freedom from Torture and Degrading Treatment
Article 6 Right to Recognition as a Person before the Law
Article 7 Right to Equality before the Law
Article 8 Right to Remedy by Competent Tribunal
Article 9 Freedom from Arbitrary Arrest and Exile
Article 10 Right to Fair Public Hearing
Article 11 Right to be Considered Innocent until Proven Guilty
Article 12 Freedom from Interference with Privacy, Family, Home and Correspondence
Article 13 Right to Free Movement in and out of the Country
Article 14 Right to Asylum in other Countries from Persecution
Article 15 Right to a Nationality and the Freedom to Change It
Article 16 Right to Marriage and Family
Article 17 Right to Own Property Article
18 Freedom of Belief and Religion
Article 19 Freedom of Opinion and Information
Article 20 Right of Peaceful Assembly and Association
Article 21 Right to Participate in Government and in Free Elections
Article 22 Right to Social Security
Article 23 Right to Desirable Work and to Join Trade Unions
Article 24 Right to Rest and Leisure
Article 25 Right to Adequate Living Standard
Article 26 Right to Education
Article 27 Right to Participate in the Cultural Life of Community
Article 28 Right to a Social Order that Articulates this Document
Article 29 Community Duties Essential to Free and Full Development
Article 30 Freedom from State or Personal Interference in the above Rights

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RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION Custodial Rights of a
Person Section 12, Article lll of the 1987 Constitution
Sec. 12: (1) Any person under investigation for the commission of n offense shall have the right
to be informed of his right to remain an silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing and in the presence of
counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free
will shall be used against him. Secret detention places, solitary, incommunicado or other similar
forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.
Custodial Investigation is any questioning by law enforcement after a person has been taken into
custody or otherwise deprived of his freedom of action in any significant way. It refers to the
investigation conducted by law enforcement immediately after arrest for the commission of an
offense. It begins when a person has been arrested and brought to the custody of law enforcers in
which suspicion is focused on him in particular and questions are asked from him (the suspect) to
elicit admissions or information on the commission of an offense.

What is the Miranda Doctrine?

The Miranda Doctrine means that prior to questioning during custodial investigation, the person
must be warned that he has the right to remain silent, that any statement he gives may be used as
evidence against him, and that he has the right to the presence of an attorney, either retained or
appointed.
The name comes from the U.S. case, Miranda vs. Arizona, 16 L. Ed 2d 694, in which the US
Supreme Court laid down the principle of custodial rights of an accused. It held, thus:
"Our holding will be spelled out with some specificity in the pages which follow, but, briefly
stated, it is this: the prosecution may not use statements, whether exculpatory or inculpatory,
stemming from not custodial interrogation of the defendant unless it demonstrates the use of
procedural safeguards effective to secure privilege against self-incrimination. By custodial
investigation we mean questioning initiated by law enforcement officers after a person has been
taken into custody or otherwise deprived of his freedom of action in any significant way. As for
the procedural safeguard to be employed, unless other fully effective means are devised to
inform accused persons of their right of silence and to assure a continuous opportunity to
exercise it, the following measures are required: Prior to any questioning, the person must be

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warned that he has the right to remain silent, that any statement he does make may be used as
evidence against him, and that he has a right to the presence of an as attorney, either retained or
appointed. The defendant may waive effectuation of these rights, provided the waiver is made
voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage
of the process that he wishes to consult with an attorney before speaking, there can be no
questioning. Likewise, if the individual is alone and indicates in any manner that he does not
wish to be interrogated, the police may not question him. The mere fact that he may have
answered some questions or volunteered some statements on his own does not deprive him of the
right to refrain from answering any further inquiries until he has consulted with an attorney and
thereafter consents to be questioned."

What are the rights of a person during custodial investigation?

The right to be informed of his rights
-i.e. the reading of the Miranda Doctrine or custodial rights by police during his arrest. This
carries the correlative obligation on the part of the investigator to explain and contemplates
efective communication which results in the subject understanding what 1S conveyed.

The right to remain silent and to be reminded that anything he says can and will be used against
him.
This refers not only to verbal confessions but also acts. However, mechanical acts that does not
require the Use to intelligence (such as providing DNA samples)) or to answers of general
questions are not protected under this right.

The right to an attorney or to counsel, preferably of his own choice; if not, one will be provided
for him
— This right is absolute and applies even if the accused himself is a lawyer. The right is more
particularly the right to independent and competent. An independent counsel is one not hampered
with any conflicts of interest, and a competent counsel is one who is vigilant in protecting the
rights of an accused.

Right against torture, force, violence, threat, intimidation or any other means which vitiate the
free will of the person.

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Right against secret detention places, solitary, incommunicado, or other similar forms of
detention.
-- Any confession or admission obtained from the person arrested in violation of these rights are
inadmissible in evidence and cannot be used against said person. This is called the Exclusionary
Rule, i.e. it is excluded from the evidence to be considered by the court during trial. Such
confession or admission is tainted and must be suppressed under the “Fruit of the Poisonous
Tree” Doctrine.

REPUBLIC ACT NO. 7438 -April 27, 1992 An act defining certain rights of person arrested,
detained or under custodial investigation as well as the duties of the arresting, detaining and
investigating officers, and providing penalties for violations thereof.
Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every
human being and guarantee full respect for human rights.
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of
Public Officers. –
(a) Any person arrested detained or under custodial investigation shall at all times be assisted
by counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, who
arrests, detains or investigates any person for the commission of an offense shall inform
the latter, in a language known to and understood by him, of his rights to remain silent
and to have competent and independent counsel, preferably of his own choice, who shall
at all times be allowed to confer privately with the person arrested, detained or under
custodial investigation. If such person cannot afford the services of his own counsel, he
must be provided with a competent and independent counsel by the investigating officer.
(c) The custodial investigation report shall be reduced to writing by the investigating officer,
provided that before such report is signed, or thumbmarked if the person arrested or
detained does not know how to read and write, it shall be read and adequately explained
to him by his counsel or by the assisting counsel provided by the investigating officer in
the language or dialect known to such arrested or detained person, otherwise, such
investigation report shall be null and void and of no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel
or in the latter's absence, upon a valid waiver, and in the presence of any of the parents,
elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district
school supervisor, or priest or minister of the gospel as chosen by him; otherwise, such
extrajudicial confession shall be inadmissible as evidence in any proceeding.

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 (e) Any waiver by a person arrested or detained under the provisions of Article 125 of the
Revised Penal Code, or under custodial investigation, shall be in writing and signed by
such person in the presence of his counsel; otherwise the waiver shall be null and void
and of no effect.
(f) Any person arrested or detained or under custodial investigation shall be allowed visits by
or conferences with any member of his immediate family, or any medical doctor or priest
or religious minister chosen by him or by any member of his immediate family or by his
counsel, or by any national non-governmental organization duly accredited by the
Commission on Human Rights of by any international non-governmental organization
duly accredited by the Office of the President. The person's "immediate family" shall
include his or her spouse, fiancé or fiancée, parent or child, brother or sister, grandparent
or grandchild, uncle or aunt, nephew or niece, and guardian or ward.

As used in this Act, "custodial investigation" shall include the practice of issuing
an "invitation" to a person who is investigated in connection with an offense he is
suspected to have committed, without prejudice to the liability of the "inviting"
officer for any violation of law.

Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected by
the case, those charged with conducting preliminary investigation or those charged with the
prosecution of crimes.

The assisting counsel other than the government lawyers shall be entitled to the following fees;
(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable
with light felonies;
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable
with less grave or grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable
with a capital offense. The fee for the assisting counsel shall be paid by the city or municipality
where the custodial investigation is conducted, provided that if the municipality of city cannot
pay such fee, the province comprising such municipality or city shall pay the fee: Provided, That
the Municipal or City Treasurer must certify that no funds are available to pay the fees of
assisting counsel before the province pays said fees.

In the absence of any lawyer, no custodial investigation shall be conducted and the suspected
person can only be detained by the investigating officer in accordance with the provisions of
Article 125 of the Revised Penal Code.

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Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating
officer, who fails to inform any person arrested, detained or under custodial investigation of his
right to remain silent and to have competent and independent counsel preferably of his own
choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not
less than eight (8) years but not more than ten (10) years, or both. The penalty of perpetual
absolute disqualification shall also be imposed upon the investigating officer who has been prev
iously convicted of a similar offense.

The same penalties shall be imposed upon a public officer or employee, or anyone acting upon
orders of such investigating officer or in his place, who fails to provide a competent and
independent counsel to a person arrested, detained or under custodial investigation for the
commission of an offense if the latter cannot afford the services of his own counsel. (b) Any
person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of
a person arrested, detained or under custodial investigation, or any medical doctor or priest or
religious minister chosen by him or by any member of his immediate family or by his counsel,
from visiting and conferring privately with him, or from examining and treating him, or from
ministering to his spiritual needs, at any hour of the day or, in urgent cases, of the night shall
suffer the penalty of imprisonment of not less than four (4) years nor more than six (6) years, and
a fine of four thousand pesos (P4,000.00).

The provisions of the above Section notwithstanding, any security officer with custodial
responsibility over any detainee or prisoner may undertake such reasonable measures as may be
necessary to secure his safety and prevent his escape.

THE UNITED NATIONS STANDARDS MINIMUM RULES FOR THE TREATMENT

OF PRISONERS (The Nelson Mandela Rules)

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