CUSTODIAL INVESTIGATION
individuals may be used against the
- This starts when there is an
investigation by police officers wherein
a person is PRIMARILY being considered
as suspect or when the “person is
becoming the person of the accused”
- A person who was invited, arrested, or
detained SHALL be assisted by a lawyer
- The police must remind the person of
his MIRANDA RIGHTS
- If the person wants to waive his right, it
should be in writing and assisted by a
lawyer. (The lawyer must explain the
custodial investigation. If the person is
confident that he doesn’t need an
attorney, then he can waive his rights.)
- Under custodial investigation, the police
will asks questions on your possible
involvement to the crime
- Your answers can be used against you;
that is why you need a lawyer
- A police will ask you to execute a
written statement; extrajudicial
confession
- Extrajudicial confession without
assistance of lawyer will be
inadmissible.
Note: Always ask if he understand what
he wrote and ask if he executed it
voluntarily
- A person under custodial investigation
has a right to be visited by IMMEDIATE
FAMILY MEMBERS, DOCTOR,
PRIEST/PASTOR, LAWYER,
REPRESENTATIVE OF CHR, NGO
ACCREDITED
Note: family has limited visiting hours
unlike doctors/lawyers who can visit
anytime. (Doctors if torture is present)
PUNISHABLE ACTS
1. POLICE FAILS TO INFORM THE RIGHTS
OF THE ACCUSED
Read: Porteria vs. People --- On the case,
differentiate admission ‘before police’ and
‘before private individual’
 Miranda Rights are already attached the
moment the arresting officer asks
questions
 The rule on custodial confession will not
apply when you confessed in private
individual
 The confession made voluntary to private
accused. Example: Writing published
through media. In contrast to verbal
confession, this is hard to prove.
Note: The questions toward the accused may
appear innocent, but this already constitutes to
custodial investigation.
------------------------------
ANTI-TORTURE ACT
- Please see the definition of torture on
this Act
- Also see “for purposes”
Note: Harm inflicted incidental to arrest would
not result to torture since the harm in this
circumstance is inherent.
Legal Basis: The law enforcer may use
reasonable force if necessary
 Torture is not limited to physical, but
also mental.
SCENARIO: Nagsumbong yung nanay na
binubugbog anak niya sa loob
REMEDY: Invoke his right for medical or physical
examination. Preferably, ang magchecheck is
government doctors.
 If Physical and Mental Examination will
be waived, it should still be in writing
and with the presence of counsel
 Omission is also punishable; when the
torture is tolerated by senior officers.
SCENARIO: During torture, ni-rape or namatay
HELD: Tataasan yung penalty since torture is
QUALIFIED. In addition, separate case for
rape/murder or homicide will be filed.
REASON: Torture is separate and independent
crime; it will not be absorbed.
 Hindi pwede mag-avail ng amnesty
yung mga nakasuhan for Anti-Torture
Act.
REFOULMENT – “you cannot extradite an
accuse if you know that he will be tortured on
his origin state.”
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RA 10173: DATA PRIVACY ACT OF 2012
Personal Information Controller – individual,
corporation, or body who decides what to do
with the data
Personal Information Personnel – one who
processes data for the PIC
Data Subject – always a natural person; address
of the business IS NOT covered by the Data
Privacy Act
CONSENT- Whenever a PIC processes data,
there should always be consent from the data
subject. The consent must include that the data
will be used for particular or specific purpose.
BREACH
1. Availability – Data was damage, it
cannot be recovered anymore
2. Integrity – If data was altered, it is
considered as breach
3. Confidentiality – If the access is
unauthorized, then it is breach
Question: Can individuals access government
documents? No.
Note: PDS of employees shall be used only by
HR.
Question: Can the government employees
invoke DPA when they are being asked what
office are they working with? No.
 Journalists may keep the secrecy of
their source
 Mas mabigat ang penalty kapag
personal information ang na-expose;
such as name, face.
RIGHTS OF THE DATA SUBJECT – (ETO YUNG
BAKA DAW NASA QUIZ/EXAM)
1. RIGHT TO BE INFORMED
- His data is being processed
- “Sir we will record this conversation ha”
- It is important to include in record the
actual asking for permission.
2. RIGHT TO OBJECT
- Example: You provided information at
restaurant for the SOLE purpose of
contact tracing. Yet, they give/use your
information for their promo. This is
actionable especially when you have
objected/notified them, but they still
use your information aside from contact
tracing
3. RIGHT TO ACCESS
- Status of your application (marriage
license, PHIL ID)
- If the PIC ignored you, actionable na.
4. RIGHT TO RECTIFICATION
- Example: Nag apply ka sa bangko, then
mali pala spelling ng name mo, you can
invoke this right.
- Nag-update ka status mo from being
single to married.
5. RIGHT TO ERASURE/BLOCKING
- After processing, pwede mo na ipa-
delete contact mo.
- CASE: Na-acquit ka na for drugs,
however, the record is published online.
Can you raise this to erase your record
sa press? Will it not be contrary to right
of the press? What is the remedy?
(hanging question, answer at your own
nalangg)
6. RIGHT TO DAMAGES
- Indemnification
- Even MTC may award damages for
failure to comply with the mandatory
provision of DPA
7. RIGHT TO DATA PORTABILITY
- You may download information about
you. This is in line to your right to
access.
- Example: Your FB, viber, …
8. RIGHT TO FILE COMPLAINT
- Note: Exhaust first all available remedy
before you file an action
- Exception: Serious character ang
information, you may direct to MTC
PUNISHABLE ACTS – (Lalabas din to sa
exam/quiz sabi ni Atty.) (pakisearch nalang
elements nila, di ko kasi na-note)
1. Unauthorized Processing
2. Access due to negligence
3. Improper Disposal
4. Processing for unauthorized purpose
5. Intentional Breach
6. Concealment of Security Breaches
7. Malicious Disclosure
8. Unauthorized Disclosure
Example: Your mother requested your
grade to registrar. Registrar will be held
liable for unauthorized disclosure
-----------------------------------
RA 9995: ANTI-PHOTO AND VIDEO VOYEURISM
ACT OF 2009
 - Enacted after Hayden Koh and Katrina
Halili incident

PUNISHABLE ACTS (may elements din yata to, di

ko din na-note)

1. Taking without consent

- However, note that when you are in a
beach, you don’t have reasonable
expectation of privacy. Unless you are
in the bathroom or cottage.
2. Copying or reproduction
3. Publication
- Uploading
- Iba pa yung consent dito, aside dun sa
taking.
- Note: Punishable ay pag upload ng
FEMALE BREAST, not male breast.

Question: A experienced wardrobe malfunction,

then B took a photo of her boobs. On trial, B
raised contention that A has no reasonable
expectation of privacy. Is it tenable?

Answer: No. A still possessed reasonable

expectation of privacy. B used the wardrobe
malfunction to took photo of A’s boobs without
her consent

 Distribution (nagkakalat ng bold) even

without a fee is PUNISHABLE. It is not a
defense na “hindi naman ako kumikita”
 Pag naninilip lang, without gadget
involve, it is not subjected to RA 9995.
BUT, it can be subjected to other law.

(May 2 pa yatang special penal laws na

recorded, yung sinend ko na picture dati sa GC.
Check niyo nalang)