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AN ACT DEFINING CERTAIN RIGHTS OF

PERSON ARRESTED, DETAINED OR UNDERCUSTODIAL INVESTIGATION AS WELL ASTHE DUTIES OF THE ARRESTING,DETAINING AND INVESTIGATING

OFFICERS, AND PROVIDING PENALTIESFOR VIOLATIONS THEREOF

Republic Act No. 7438

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Declaration of Policy

It is the policy of the State

to value the dignity of everyhuman being and guaranteefull respect for human

rights.

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Important Terms

custodial investigationshallinclude the practice of issuing an"invitation" to a person who is

investigated in connection with anoffense he is suspected to havecommitted, without prejudice to theliability of the "inviting" officer for any

violation of law

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Important Terms

immediate familyshall includehis or her spouse, fiance or fiancee,

parent or child, brother or sister,grandparent or grandchild, uncle oraunt, nephew or niece, and guardianor ward.

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Important Terms

Assisting counsel is any lawyer,except those directly affected by

the case, those charged withconducting preliminary

investigation or those charged

with the prosecution of crimes.

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Rights of Persons Arrested, Detainedor Under Custodial Investigation

Right to be assisted by counsel at

all times.

Right to be informed in alanguage known to him of his

rights under the Miranda Doctrine

Right to confer with his counselprivately at all times

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Rights of Persons Arrested, Detained

or Under Custodial Investigation

Right to have the investigationreport reduced into writing

Right to read the investigationreport or if he does not knowhow to read and right, to have

it read before him by hiscounsel in the languageknown to him.

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Rights of Persons Arrested, Detained

or Under Custodial InvestigationThe right to have his extrajudicial

confession made be in writing andsigned by him in the presence of hiscounsel or in the latter's absence,upon a valid waiver, and in thepresence of any of the parents, elderbrothers and sisters, his spouse, the

municipal mayor, the municipal judge,district school supervisor, or priest orminister of the gospel as chosen byhim

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Rights of Persons Arrested, Detained

or Under Custodial Investigation

The right to have his waiver under

the provisions of Article 125 of the

Revised Penal Code, or undercustodial investigation to be in

writing and signed by him in the

presence of his counsel;otherwise the waiver shall be nulland void and of no effect.

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Rights of Persons Arrested, Detained

or Under Custodial Investigation The right to 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 orby 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 anyinternational non-governmental organization

duly accredited by the Office of the President.

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In the absence of any lawyer, no

custodial investigation shall beconducted and the suspectedperson can only be detained bythe investigating officer inaccordance with the provisions ofArticle 125 of the Revised PenalCode.