Know The Rights Of Arrested Individuals

Our country's current state only proves that anyone can fit the profile for a druggie or a criminal. You can be subject for interrogation or execution. You choose. With the recent brouhaha over CHR's meager budget, you will be confronted with a realization that no one can defend you at this point but yourself. As reality looks you straight in the eye, knowledge is the only thing that can save you from the inevitable. What does Article 3, Section 12 of the 1987 Constitution otherwise known as the Bill of Rights have to say about a person under investigation? 

"the person 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."

Now, what if you can't afford a lawyer? The state will provide you with one. Have you ever wondered why you have the right to remain silent? It's because any statement you give can be used against you in court. You also have the right to have access to lawyer at all times. These rights can only be waived in "writing and in the presence of counsel."

Your rights as an arrested person:

  • Know the reason you were arrested. It should also be via an arrest warrant.
  • Obtain the arresting officer's identity and authority
  • Be "entitled to a trial within a reasonable time"
  • Should you undergo physical examination, ensure that it is done by an independent and competent doctor of your choice

If authorities have invited you for questioning, tell them that you will first consult a lawyer, who will be the one to arrange a time, date and place for questioning. They cannot insist on taking you as this will be equivalent to an arrest. 

Note that his type of investigation is not similar to custodial investigation where you are taken into police custody for interrogation. More often than not, "custodial investigation follows warrantless arrest." 

Warrantless Arrest

Under Section 5, Rule 113 of the Revised Rules of Criminal Procedure, a peace officer or a private person may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;

(b) When an offense has in fact just been committed, and he has personal knowledge of facts indicating that the person to be arrested has committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

Pinoy Attorney

Written by : Pinoy Attorney