Republic Act No.

7438
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
Statement of Policy

value the dignity of every human

being and guarantee full respect for
human rights.
Rights of a Person Detained
shallat all times be assisted by counsel.
Shall be informed, 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(MIRANDA
RIGHTS).
The custodial investigation report shall be
reduced to writing by the investigating
officer and signed by the person detained
Any extrajudicial confession made
detained shall be in writing and signed by
such person in the presence of his counsel
Any waiver by a person detained under the
provisions of Art 125 of the RPC, 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.
◦ Art 125 of RPC- person arrested shall be
delivered to proper judicial authorities within
the period of;
 12 hrs for light offense
 18 hrs for offense punishable by correctional
penalties
 36 hrs for capital offense
Any person detained shall be allowed visits by
or conferences with:
 any member of his immediate family,
 Spouse ̊ uncle or aunt
 fiancé or fiancée ̊ nephew or niece
 parent or child ̊ guardian or ward
 brother or sister
 grandparent or grandchild
 Medical doctor
 priest or religious minister
 any national/international non-governmental
organization
The custodial investigation report shall be reduced
to writing by the investigating officer and signed
by the person detained. If the person detained does
not know how to read and write, it shall be read
and adequately explained to him by his counsel in
the language or dialect known to him, otherwise,
such investigation report shall be null and void
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.
Penalty Clause
 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 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.
 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)
However, 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.
ARTICLE III OF
CONSTITUTION OF THE
REPUBLIC OF THE
PHILIPPINES: BILL OF
RIGHTS
SECTION 1

No person shall be deprive of life,

liberty, property without due process
of law, nor shall be denied the equal
protection of the law.
SECTION 3
(1) The privacy of communication and
correspondence shall be inviolable except
upon lawful order of the court, or when
public safety or order requires otherwise
as prescribed by law
(2) Any Evidence obtained in violation of
this or the preceding section shall be
inadmissible for any purpose of in any
proceeding.
Section 4
No law shall be passed abridging then
freedom of speech, of expression, or of
the press, or the right of the people
peaceably to assemble and petition the
government for redress of grievances.
SECTION 5
No law shall be made respecting an
establishment of religion, or prohibiting
the free exercise thereof. The free exercise
and enjoyment of religious profession and
worship, without discrimination or
preference, shall forever be allowed. No
religious test shall be required for the
exercise of civil or political rights
SECTION 6
The liberty of adobe and of changing the
same within the limits prescribed by the
law shall not be impaired except upon
lawful order of the court. Neither shall the
right to travel be impaired except in the
interest of national security, public safety,
or public health, as may be provided by
law
SECTION 7
The right of the people to information on
matters of public concern shall be
recognized. Access to official records, and
to documents and papers pertaining to
official acts, transactions, or decisions, as
well as to government research data used
as basis for policy development, shall be
afforded the citizen, subject to such
limitations as may be provided by law.
Section 8
The right of the people, including those
employed in the public and private
sectors, to form unions, associations, or
societies for purposes not contrary to law
shall not be abridged
Section 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.
SECTION 12
(1) Any person under investigation for the
commission of an offense shall have the
right to be informed of his right to remain
silent and to have competent and
independent counsel preferably of his own
choice. If poverty 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.
SECTION 12
(2)No torture, force, violence, threat, intimidation, or
any other means which vitiate the free will shall be
used against him. Secret detention pl
aces, 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 against him
(4) The law shall provide for penal and civil
sanctions for violations of this section as well as
compensation to the rehabilitation of victims of
torture or similar practices, and their families.
SECTION 14
(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: Provided, that he has been duly
notified and his failure to appear is unjustifiable.
SECTION 16
All persons shall have the right to a
speedy disposition of their cases before all
judicial, quasi-judicial, or administrative
bodies.

SECTION 17
No person shall be compelled to be a
witness against himself.
SECTION 18
(1) No person shall be detained solely by
reason of his political beliefs and
aspirations.
(2) No involuntary servitude in any form
shall exist except as a punishment for a
crime whereof the party shall have been
duly convicted.
SECTION 19
(1) Excessive fines shall not be imposed,
nor cruel, degrading or inhuman
punishment inflicted. Neither shall death
penalty be imposed, unless, for
compelling reasons involving heinous
crimes, the Congress hereafter provides
for it. Any death penalty already imposed
shall be reduced to reclusion perpetua.
SECTION 19
(2) The employment of physical,
psychological, or degrading punishment
against any prisoner or detainee or the use
of substandard or inadequate penal
facilities under subhuman conditions shall
be dealt with the law.
SUFFRAGE
All detainees may register provided: 
He is a citizen of the Philippines; 
He is 18 years of age or over at the time
of election.
He is not disqualified by law; and 
He has resided in the Philippines for one
year and in the city or municipality
wherein he proposes to vote for at least
six months preceding the election.
Sentenced prisoner may register, provided:

He possesses all the qualifications of a

voter; and                       
He shall not have been sentenced by final
judgment to suffer an imprisonment of
one (1) year or more. 
THANK
YOU!