CUSTODIAL

INVESTIGAT
ION
RA No. 7438
■Act defining certain Rights of Person
Arrested, Detained or under Custodial
Investigation, and the Duties of
arresting, detaining and investigating
officer
CUSTODIAL INVESTIGATION
■ (People v. Marra) Custodial Investigation involves any
questioning initiated by law enforcement officers after
a person has been taking into custody or otherwise
deprived of his freedom of action in any significant
way. It is only after the investigation ceases to be a
general inquiry into an unresolved crime and begins to
focus on a particular suspect, the suspect is taken into
custody, and the police carries out a process of
interrogation that lends itself to elicit incriminating
statement that the rule begins to operate.
CUSTODIAL INVESTIGATION
■It includes the practice of issuing an
“invitation” to a person who is
investigated in connection with an
offense he is suspected to have
committed.
RIGHTS OF A PERSON ARRESTED,
DETAINED OR INVESTIGATED

■To be assisted by counsel;

■To be informed, in a language known to
him, of his right to remain silent and to
have competent and independent
counsel;
RIGHTS OF A PERSON ARRESTED,
DETAINED OR INVESTIGATED

■ To be allowed, at all times, to confer with

his/ her counsel;
■ To be allowed visit/ conference by any
member of his immediate family, doctor,
priest/minister, counsel, NGO and CHR
DUTIES OF ARRESTING/ DETAINING/
INVESTIGATING OFFICER

■ Inform the person of his right to remain silent

and have independent and competent counsel;
■ Indicate in the Custodial Investigation Report
that the said rights were read and explained to
the person arrested/detained/ under custodial
investigation by the counsel or assisting counsel.
EXTRA-JUDICIAL CONFESSION
■ Voluntary;
■ In writing;
■ In the presence of counsel, unless waived;
■ In the presence of any of the parent, elder
brother/sister, spouse, municipal mayor,
municipal judge, district school supervisor, priest
or minister of the gospel as chosen by him/her.
REQUISITES OF A VALID WAIVER
■ Voluntary;
■ In writing;
■ In the presence of counsel.