Rights of a person arrested

If you are arrested, the arresting officer has the responsibility to

ensure that your rights are protected and respected, according to
Republic Act 7438.

a. The arresting officer has the responsibility of informing you of

the reason for the arrest in a language known to you.

b. You may require the arresting officer to show you the Warrant
of Arrest.

c. The arresting officer should inform you of your constitutional

right to remain silent and that any statement you might make
could be used for or against you in any court of the law; that you
have the right to counsel of your own choice, and if you cannot
afford to hire a lawyer, one shall be provided to assist you; and
that the arresting officer should ask you if you understand those
rights. You have the right to communicate with your lawyer or
your immediate family. It is the responsibility of the arresting
officer to see to it that these are accomplished.

d. If you are arrested without a warrant, you will be immediately

brought to the proper police station and kept there for not more
than 12 hours for crimes or offenses punishable by light
penalties; 18 hours for crimes or offenses punishable by
correctional penalties; and 36 hours for crimes or offenses
punishable by capital penalties. You must undergo inquest
proceedings in accordance with Section 7, Rule 112 of the 2000
Rules of Criminal Procedure.

e. You shall not be subjected to torture, force, violence, threat,

intimidation, or any other means whichvitiate the free will. You
should not be brought to secret detention places, solitary
confinement (incommunicado) or other forms of detention.

f. If you have been arrested without a warrant and you waive

your right under the provisions of Article 125 of the Revised Penal
Code, the arresting officer
shall ensure that you sign a waiver of detention in the presence
of the counsel of your choice. If you waive your right against self
incrimination and opt to give your statement, the arresting officer
shall ensure that the waiver be made in writing and signed by you
in the presence of a counsel of your own choice or a competent
and independent counsel provided by the government.

g. Immediately after your arrest, you should be subjected to a

physical examination by a medico-legal officer or, in the absence
of such medico-legal officer, by any government physician in the
area. Prior to your release or any change of custody, you will also
be physically examined.