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Rights of Persons Affected/Subject by Police/Law Enforcement Operations

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Module 3.1: Rights of Persons Affected/Subject by Police/Law

Enforcement Operations
Module Description:
In this module, you will learn about the different rights of a persons affected
or subject by a Police/Law Enforcement operations; concepts of custodial
investigation and Miranda Doctrine. Republic Act 7438 as also been discussed in
this module.

Objectives of the Module:

By the end of this module, you are expected to:
a. Determine the different rights of a person being affected by
Police/Law Enforcement operations;
b. Establish familiarity and understand the concept of Miranda
Doctrine & Custodial Investigation;
c. Recognized the value of knowing different rights of a person
affected by police/law enforcement operations.

Common Questions Related to Rights of Persons Affected/Subjected to

Police/Law Enforcement Operations

⮚ Do rights of a suspect during custodial investigation attach as soon as he is invited to

the police station to be investigated in connection with an offense he is suspected to

have committed?

Yes. The practice of issuing an invitation to a person who is investigated in

connection with an offense he is suspected to have committed is part of custodial
investigation, as such, the rights of a person under Section 12, Article III attach.

However, the rights of a suspect during custodial investigation do not generally

attach in the following situations:

Rights of Persons Affected/Subject by Police/Law Enforcement Operations

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a. Police line-up, or during process of identification

b. Spontaneous statements not elicited through questioning but given in an ordinary
manner (spur-of-the-moment statements) – they are considered as part of res
gestae

c. Volunteered statements
d. Extrajudicial admission to the prosecutor or a private person (media personnel or
TV interview)
e. Investigation made by a citizen or private security officer

⮚ When does the right to counsel attach?

The right to counsel attaches upon the start of an investigation, i.e. when the
investigating officer starts to ask questions to elicit information and/or confessions or
admissions from the respondent / accused. At such point or stage, the person being
interrogated must be assisted by counsel to avoid the pernicious practice of extorting false
or coerced admission or confessions from the lips of the person undergoing interrogation,
for the commission of an offense.

⮚ What is meant by the right to counsel?

Any person under investigation must, among other things, be assisted by counsel.
Any admission or confession made by the suspect during interrogation without benefit of
counsel is inadmissible in evidence.

⮚ Does a suspect need counsel during identification by police line-up?

The police line-up is not considered as part of the custodial inquest. Hence, the
suspect is not yet entitled, at such stage, to counsel.

⮚ What is the correct procedure for arresting officers to follow when making arrest

and in conducting custodial investigation?

Rights of Persons Affected/Subject by Police/Law Enforcement Operations

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At the time a person is arrested, it shall be the duty of the arresting officers to
inform him of the reason for the arrest and he must be shown the warrant of arrest, x x x.
He shall be informed of his constitutional rights to remain silent and to counsel and that
any statement he might make could be used against him. The person arrested shall have
the right to communicate with his lawyer, a relative, or anyone he chooses by the most
expedient means by telephone if possible or by letter or messenger.

▪ It shall be the responsibility of the arresting officer to see to it that this is

accomplished.

▪ No custodial investigation shall be conducted unless it be in the presence of

counsel engaged by the person arrested, by any person on his behalf, or appointed
by the court upon petition either of the detainee himself or by anyone in his
behalf.

▪ The right to counsel may be waived but the waiver shall not be valid unless made

with the assistance of counsel.

▪ Any statement obtained in violation of the procedure herein laid down, whether

exculpatory or inculpatory in whole or in part shall be inadmissible in evidence.

⮚ How important is the giving of Miranda warnings to the suspect during his arrest?

Any admission or confession made by a suspect during his arrest but without
having been read his Miranda rights are inadmissible.

⮚ Is the mere reading of the Miranda Warnings enough?

A perfunctory reading of the Miranda rights without any effort to find out from the
suspect whether he wanted to have counsel and, if so, whether he had his own counsel or

Rights of Persons Affected/Subject by Police/Law Enforcement Operations

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he wanted the police to appoint one for him is insufficient. Mere ceremonial giving of
warnings is inadequate to transmit meaningful information to the suspect.

⮚ Can a voluntary admission made to the Mayor or media be used against the suspect

of a crime?

Yes. The RA 7438 Section 2, paragraph D and Section 12(1) and (3) of Article III
of the Constitution provides for the rule.

⮚ When is an extrajudicial confession admissible?

It is admissible when:
a. Voluntary
b. Made with assistance of counsel
c. In writing; and
d. Express

⮚ Can any of these rights be waived?

Only the rights to remain silent and to counsel may be waived. The right to be
informed his rights cannot be waived at any time.

⮚ What constitutes a valid waiver of the right to counsel?

The waiver of the right to counsel is valid only when it is made voluntarily, in
writing and with the presence of counsel.

⮚ When is the right to remain silent waived?

The right to remain silent is waived when the declaration of the accused
acknowledging guilt made to the police desk officer after the crime was committed. Such

Rights of Persons Affected/Subject by Police/Law Enforcement Operations

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spontaneous acknowledgment of guilt to the police desk officer may be given in evidence
against him as part of the res gestae.

⮚ When are the rights of a person under custodial investigation terminated?

They are terminated as soon as charges are filed against him. In such case,
Sections 14 and 17, Article III serve to protect his rights as an accused.

⮚ What is the impact of human rights among the law enforcers during police operations?

When police officers / law enforcers observe human rights they gain the respect
and above all the cooperation of the citizens. Public cooperation is a crucial factor in the
detection of crime. Public cooperation however, may only be secured where the police
have the respect and trust of the citizens.

References
Chromeextension://efaidnbmnnnibpcajpcglclefindmkaj/viewer.html?pdfurl=https%3A%2
F%2Fwww.oh chr.org%2Fdocuments%2Fpublications%2Ftraining5add3en.pdf&clen=175236
http://hrlibrary.umn.edu/research/Philippines/RA-7438.html
https://www.history.com/this-day-in-history/the-miranda-rights-are-established
https://delacalzadalegal.com/2020/06/09/rights-of-a-person-under-custodial-

investigation/
https://www.sportsmansbailbonds.com/blog/why-exercising-your-right-to-remain-silent-

Rights of Persons Affected/Subject by Police/Law Enforcement Operations

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is-important

Rights of Persons Affected/Subject by Police/Law Enforcement Operations