The Rights of Persons Arrested,

Detained or Under Custodial

Investigation

By:
Atty. JOAN ANDRADA
Attorney IV
Relevant Treaties and Laws

 Universal Declaration on Human Rights

 International Covenant on Civil and Political Rights
 1987 Philippine Constitution
 New Civil Code
 Revised Penal Code
 Republic Act Nos. 7438, 9344, 9372, 9745 and
10353
 Rules of Court
 DOJ Circulars
 Supreme Court Decisions
1) Universal Declaration of Human
Rights
 Article 9

No one shall be subjected to ARBITRARY

arrest, detention or exile.
2) International Covenant on Civil and
Political Rights
 Article 9

(1) Everyone has the right to liberty and

security of person. No one shall be subjected
to ARBITRARY arrest or detention.

(2) Anyone who is arrested shall be informed,

at the time of the arrest, of the reasons for his
arrest and shall be promptly informed of any
charges against him.
Cont’n: International Covenant on Civil
and Political Rights
 Article 14

In the determination of any criminal charge against him,

everyone shall be entitled to the following minimum
guarantees, in full equality:

(d) To defend himself in person or through LEGAL

ASSISTANCE of his own choosing; to be informed, if he does
not have legal assistance, of this right; and to have legal
assistance assigned to him, in any case where the interests of
justice so require, and without payment by him in any such
case if he does not have sufficient means to pay for it.
4) 1987 Philippine Constitution

 Articlle III, Section 2:

The right of the people to be secure in their

persons against UNREASONABLE searches
and seizures of whatever nature and for any
purpose shall be inviolable and no warrant of
arrest shall issue except upon probable cause.
Cont’n: 1987 PH Constitution
 Article III, 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 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.
Cont’n: 1987 PH Constitution

(2) NO TORTURE, force, violence, threat,

intimidation, or any other means which vitiate the
free will shall be used against them. SECRET
DETENTION PLACES,
solitary, incommunicado,
or other similar forms of
detention are
PROHIBITED.
Cont’n: 1987 PH Constitution

(3) Any confession or admission obtained in

violation of this or Section 17 hereof shall
be INADMISSIBLE in evidence against him.
(“Exclusionary Rule”)

 “Fruit of the poisonous tree”

- evidence illegally obtained taints all other
evidence subsequently obtained therefrom.
5) New Civil Code

 Article 32. Any public officer or employee who

violates any of the following rights and liberties
of another shall be liable to the latter for
damages:
(1) xxx
(2) xxx
(3) xxx
(4) Freedom from arbitrary or illegal
detention;
What kind of damages can be
recovered?

 Article 2219, New Civil Code.

Moral damages may be recovered in

cases of illegal or arbitrary detention or
arrest and acts and actions referred to in
Article 32 of the Civil Code.
6) Republic Act No. 7438

Section 1: Declaration of Policy –

“It is the policy of the State to value

the DIGNITY of every human being
and guarantee full respect for
HUMAN RIGHTS.”
When is a lawyer required under R.A.
No. 7438?
 Section 2(a): Any person arrested, detained or under custodial
investigation shall AT ALL TIMES be assisted by counsel.

 The counsel should be present AT ALL STAGES of the

interview, counselling or advising caution reasonably at every
turn of the investigation, and stopping the interrogation once
in a while to give advice to the accused that he may either
continue, choose to remain silent or terminate the interview.

 People v. Deniega, 251 SCRA 626 (1995)

 People v. Tomaquin, 435 SCRA 23 (2004)
What is an arrest?

 ARREST is the taking of a person in

custody in order that he may be bound
to answer for the commission of an
offense. It is made by an actual restraint
of a person to be arrested, or by his
submission to the custody of the person
making the arrest. (Section 1, Rule 113)
What is detention? Is it the same as
imprisonment?
 Detention is the curtailment of a person’s liberty.

 DETENTION means the condition of being deprived of

personal liberty EXCEPT as a result of conviction for an
offense.

 Intent to arrest + Intent to submit

 People invited for questioning are considered “in

detention”
Are “places of detention” limited to the
regular jails managed by the BJMP?
 Sec. 14, R.A. No. 10353 (IRR) –

Places of detention or confinement shall refer to

any physical place, area or or structure, whether
moving or stationary, permanent or temporary
where deprivation of liberty is carried out.

 In other words, it is not the name of the

physical structure which determines whether it
is a POD or not, but rather the actual use
thereof.
What are the reporting duties regarding
detention places under the Anti-Torture Law?

 Section 7, R.A. No. 9745 – “Anti-Torture Act”

 The PNP, AFP and other law enforcement

agencies concerned shall make an updated list of
all detention centers and facilities under their
respective jurisdictions with the corresponding
data on the prisoners and detainees.

 Such list shall be updated within the first five (5)

days of every month, at the minimum.
What is the “register of detainees”
required under R.A. No. 10353?
 Section 10. Official Up-to-Date Register of All
Persons Detained or Confined. - All persons
detained or confined shall be placed solely in
officially recognized and controlled places of
detention or confinement where an official
up-to-date register of such persons shall be
maintained.
 Name, authority, medical records, transfers,
visitors, etc.
What is custodial investigation?

 CUSTODIAL INVESTIGATION
involves any questioning
initiated by law enforcement
authorities after a person is
taken into custody or
otherwise deprived of his
freedom of action in any
significant manner.
Alyas Tanda was “invited” for questioning by
the police. Is he under C.I.?

 Custodial investigation SHALL

INCLUDE the practice of issuing an
“INVITATION” to a person who is
investigated in connection with an
offense he is suspected to have
committed, without prejudice to the
liability of the “inviting” officer for any
violation of law.
What kind of counsel is required?

 When the Constitution requires the right to

counsel, it did not mean any kind of counsel
but rather an EFFECTIVE AND VIGILANT
counsel. A lawyer who leaves his client in the
custody of the law enforcers when the real
interrogation started resulting in an
uncounselled confession is not the counsel
envisioned by the Constitution.
 People v. Lucero, 244 SCRA 425 (1995) [II]
Why is a lawyer required?

 The presence of the lawyer is not intended to

stop an accused from saying anything which
might incriminate him, but rather, it was
adopted in our Constitution TO PRECLUDE
THE SLIGHTEST COERCION as would lead
the accused to admit something false.

 People v. Suarez, 267 SCRA 119 (1997)

Is a lawyer provided by the investigators
automatically prohibited to act as counsel?

 No. A lawyer provided by the investigators is

deemed engaged by the accused where he
never raised any objection against the
former’s appointment during the course of
the investigation and the accused thereafter
subscribes to the veracity of his statement
before the swearing officer.
 People v. Gallardo, 323 SCRA 218 (2000)
Does the accused have an absolute
right to choose his counsel?
 While the right of the accused to be represented
is immutable, his option to secure the services of
counsel de parte, however, is NOT ABSOLUTE.
Thus, the court may restrict the accused’s option
to retain a counsel de parte if the accused insists
on an attorney he cannot afford, or the chosen
counsel is not a member of the bar, or the
attorney declines to represent the accused for a
valid reason.
 People v. Serzo, 274 SCRA 553 (1997) [II]
Can a barangay captain, who is a lawyer,
be the counsel for the accused?

 A barangay captain, who happens to be a lawyer,

CANNOT be considered as an independent
counsel for purposes of assisting one undergoing
custodial investigation. What the Constitution
requires is the presence of an independent and
competent counsel, one who will effectively
undertake his client’s defense without any
intervening conflict of interest.

 People v. Tomaquin, 435 SCRA 23 (2004)

How about the mayor?

 A municipal mayor CANNOT be considered a

competent and independent counsel
qualified to assist a person under custodial
investigation. Serving as counsel of appellant
placed him under direct conflict with his duty
of “operational supervision and control” over
the police.

 People v. Velarde, 384 SCRA 646 (2002)

Must the accused be accompanied by
his counsel in police lineups?
“The right to counsel does NOT extend to police lineups
because they are not part of custodial investigations. The
reason for this is that, at that point, the process has not yet
shifted from the investigatory to the accusatory.”
 People v. Lamsing, 248 SCRA 471 (1995)
 People v. De la Torre, 294 SCRA 196 (1998)

[III]
How about in re-enactments, Is a
lawyer required?
 Yes. Pictures of the re-enactment depicting
the accused’s role in the commission of the
crime CANNOT be utilized as evidence of his
participation where the reenactment was
conducted without any lawyer assisting the
accused. Reenactments are covered by the
right against self-incrimination.
 People v. Suarez, 267 SCRA 119 (1997) [III]
`
Bong because of his conscience wanted to make a confession, the arresting officer
cannot produce a lawyer because of the time of the arrest. Bong signed a waiver of
his right to counsel in front of his family and the mayor. Is the confession valid?

NO. Waiver of the right to counsel

must be with the assistance of a
counsel. - (RA 7438)
What are the duties of law enforcers
under R.A. No. 7438?
 Section 2(b): Any public officer or employee, or
anyone acting under his order or his place, who
arrests, detains or investigates any person for the
commission of an offense shall INFORM the latter,
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.
What are the duties of law enforcers
under R.A. No. 7438?
 Section 2(b): Any public officer or employee, or
anyone acting under his order or his place, who
arrests, detains or investigates any person for the
commission of an offense shall INFORM the latter,
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.
Cont’n: What are the duties of law
enforcers under R.A. No. 7438?
 Section 2(b):
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.

 Summary: INFORM the arrested person...

 What: Right to remain silent + Right to counsel
 How: In a language known and understood
 When: Prior to interrogation
Cont’n: What are the Miranda Rights?

 The person in custody must, prior to interrogation, be

clearly informed that:

a) he has the RIGHT TO REMAIN SILENT, and that

anything he says will be used against him in court; and

b) he has the RIGHT TO CONSULT WITH A LAWYER

and to have the lawyer with him during interrogation
and that, if he is indigent, a lawyer will be appointed
to represent him.
When do the Miranda Rights begin to
operate?
 It is ONLY AFTER THE INVESTIGATION
CEASES TO BE A GENERAL INQUIRY into
an unsolved crime and begins to focus on a
particular suspect, the suspect is taken into
custody, and the police carries out a process
of interrogations that lend itself to eliciting
incriminating statements, that the Miranda
Rule begins to operate.
 Aquino v. Paiste, 555 SCRA 255 (2008)
How should the Miranda Rights be
communicated?
 To be informed of the right to remain silent and to counsel
contemplates “the transmission of MEANINGFUL
INFORMATION rather than just the ceremonial and
perfunctory recitation of an abstract constitutional
principle.” (People v. Ordoño et al., G.R. No. 132154, June 29,
2000)
 The right to be informed of one’s constitutional rights during
custodial investigation referes to an EFFECTIVE
COMMUNICATION between the investigating officer and
the suspected individual, with the purpose of making the
latter understand these rights. [People v. Tizon, Jr., 385 SCRA
364 (2002)]
TANONG:
 Ipinagbibigay-alam ko sa iyo ang inyong mga karapatan sa
ilalim ng Saligang-Batas ng Pilipinas na kung inyong nanaisin
ay maaaring hindi kayo magbigay ng isang salaysay, na hindi
rin kayo maaaring pilitin o saktan at pangakuan upang
magbigay ng naturang salaysay, na anuman ang inyong
sasabihin sa pagsisiyasat na ito maaaring laban sa inyo sa
anumang hukuman o tribunal dito sa Pilipinas, na sa
pagsisiyasat na ito ay maaaring katulungin mo ang isang
manananggol at kung sakaling hindi mo kayang bayaran ang
isang manananggol ay maaaring bigyan ka ng isa ng NBI.
Ngayon na alam mo na ang mga ito, nakahanda ka bang
magbigay ng isang kusang-loob na salaysay sa pagtatanong
na ito?
SAGOT:

Opo.
How should questions be framed?

A long question followed by a monosyllabic

answer does NOT satisfy the requirements of
the law that the accused be informed of his
rights under the Constitution and our laws.
Worse, accused in this case is from Samar and
there is no showing that he understands
Tagalog.

 People v. Galit, 135 SCRA 465 (1985) [V]

Activity 2:

Translate the “Miranda Warning” into

your own dialect and write it down on
a manila paper.

You have 5 minutes to finish.

The Miranda Warning

You have the right to remain silent and anything

you say or do may be used against you in court.
You have the right to consult with a competent
and independent lawyer, preferably of your own
choice, during interrogation.
If you cannot afford a lawyer, one will be
appointed for you by the government for free.
What is the scope of the Exclusionary
Rule?
 The infractions of the so-called Miranda rights
render inadmissible only the extrajudicial confession
or admission made during custodial investigation –
the admissibility of OTHER EVIDENCE, provided
they are relevant to the issue and is not otherwise
excluded by law or rules, is NOT AFFECTED even if
obtained or taken in the course of custodial
investigation.
 People v. Malimit, 264 SCRA 167 (1996)
 Ho Wai Pang v. Pp, 659 SCRA 624 (2011) [V]
What is the prescribed form for Custodial
Investigation Reports (CIR)?

 Section2(c): The CIR must be IN WRITING

and SIGNED by the person investigated.

 If he cannot read and write, it must be

thumbmarked after being read and explained
to him by counsel in a language he
understands.
What are the CIR requirements under
the Anti-Torture Law?
 Before and after interrogation, every person
arrested, detained or under custodial investigation
shall have the RIGHT TO be informed of his/her
right to demand physical EXAMINATION by an
independent and competent doctor of his/her own
choice. x x x

 The MEDICAL REPORT SHALL BE ATTACHED TO

THE CUSTODIAL INVESTIGATION REPORT and
which shall be considered a public document.
Do judges and prosecutors have duties
too?
 YES.
 We reiterate the reminder to Judges and Fiscals before
whom declarants are brought for swearing to the truth
of their statements to adopt the practice of having the
confessants PHYSICALLY AND THOROUGHLY
EXAMINED by independent and qualified doctors. If
physicians are not available, then they should
themselves examine the bodies of the declarants for
signs of possible violence.
 People v. Barros, 122 SCRA 34 (1983)
 People v. Cabrera, 134 SCRA 363 (1985)
What is the prescribed form for extra-
judicial confessions?
 Section 2 (d):

Any EJ confession made by a person arrested,

detained or under custodial investigation
shall be IN WRITING and SIGNED by such person
IN THE PRESENCE OF
HIS COUNSEL.
Is confession the same as an
admission?
CONFESSION ADMISSION
An acknowledgment in express A statement by the accused, direct or
terms, by a party in a criminal case, implied, of facts pertinent to the
of his guilt of the crime charged. issue, and tending, in connection
with proof of other facts, to prove his
guilt.
e.g. I killed Cedric. e.g. Cedric and I had a heated
argument.
In other words, an ADMISSION IS SOMETHING LESS THAN A
CONFESSION, and is but an acknowledgment of some fact or circumstance
which in itself is insufficient to authorize a conviction, and which tends only
to establish the ultimate fact of guilt.
People v. Agustin, 240 SCRA 541
What are the elements of a valid
EJ confession?
A confession, to be admissible in evidence,
must be:
 1. voluntary;
2. express; and
3. in writing; and
4. made with the assistance of competent
and independent counsel.
 People v. Ordoño et al., G.R. No. 132154, June
29, 2000. [V]
What is the probative value of an EJ
confession?
 If the confession is made freely and
voluntarily, a confession constitutes
EVIDENCE OF A HIGH ORDER since it is
supported by the strong presumption that no
sane person or one of a normal mind will
deliberately and knowingly confess himself to
be the perpetrator of a crime unless
prompted by truth and conscience.
 People v. Suarez, 267 SCRA 119 (1997)
Is a valid EJ confession by itself
sufficient to convict an accused?
 An extrajudicial confession, where
admissible, MUST BE CORROBORATED by
evidence of the corpus delicti in order to
sustain a finding of guilt. Both must co-exist.

 Section 3, Rule 133, Rules of Court

 People v. Dela Cruz, 279 SCRA 246 (1997)
Can an insane person execute a valid
EJ confession?
 A confession signed by a person whose sanity
was dubious, whose intelligence was not only
limited but impaired is INADMISSIBLE in
evidence.

 People v. Capitin, 165 SCRA 47 (1988)

Bong, the accused, confessed to media. Is his
confession admissible against him?

 Yes. The interview is NOT in the nature of an

investigation as the response of the accused was
made in answer to questions asked by a radio
reporter, not by the police or any other investigating
officer. When the accused talked to the radio
announcer, they did not talk to him as a law
enforcement officer, hence their uncounselled
confession to him (the radio announcer) did NOT
violate their constitutional rights.
 People v. Ordoño et al., G.R. No. 132154, June 29,
2000 [I]
Q: Shabu was allegedly obtained from Chun Li at the airport.
The police forced him to sign a “Receipt of Property Seized”
without his lawyer. Were his rights violated?

 Yes. The signature of the accused on the Receipt of

Property Seized is a declaration against his own
interest, and a tacit admission of the crime charged.
The signature is tantamount to an uncounselled EJ
confession which is prohibited. (Pp. v. Ang Chun Kit,
251 SCRA 660 [1995]; Gutang v. Pp., 335 SCRA 479
[2000])
 This practice violates the custodial right to remain
silent. It is the confiscating officer who should sign
such receipt. (Pp. v. Go, 411 SCRA 81 [2003])
 RA 7438 – confessions and admissions are
inadmissible (testimonial evidence)
What are visitorial rights under R.A.
No. 7438? Who can invoke them?
 Section 2(f) – Any person arrested or
detained or under custodial investigation
shall be allowed VISITS by:

1. immediate family (fiance included);

2. doctor / priest /lawyer; and
3. CHR / NGO. [IV]
Who else can invoke visitorial rights?

 CHR – under the Constitution, the Anti-

Torture Act and the Anti-Enforced
Disappearance Act

 Lawyers – under Rule 113, Rules of Court

(absolute)

 Any relative – under Rule 113, Rules of Court

(subject to reasonable regulations)
What is an “assisting counsel”?
 Section 3, R.A. No. 7438:

An assisting counsel is any lawyer.

EXCEPT:

1. those directly affected by the case;

2. those charged with conducting preliminary
investigation or;
3. those charged with the prosecution of crimes.
True or False: No lawyer, no custodial
investigation.
 TRUE

 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. (Section 3, paragraph 7, R.A. No. 7438)
What is the 12-18-36 Rule?

 Article 125. Delay in the delivery of detained

persons to the proper judicial authorities. – The
penalties provided for in the next preceding
article shall be imposed upon the public
officer or employee who shall detain any
person for some legal ground and shall FAIL
TO DELIVER such person to the proper
judicial authorities within the period of:
Bong was arrested thru a warrant issued by Judge X,
at the 37th hour the counsel demanded that he be
released immediately, Will you comply?

 NO. Article 125 applies only to warrantless

arrests.

 Flagrante delicto
 Hot pursuit
 Escaped prisoner
Cont’n: 12-18-36 Rule
Twelve (12) hours for crimes or offenses punishable by light
penalties, or their equivalent.

Ex. slight physical injuries, unjust vexation

Eighteen (18) hours for crimes or offenses punishable by

correctional penalties, or their equivalent.

Ex. adultery, concubinage, oral defamation

Thirty-six (36) hours for crimes or offenses punishable by afflictive or

capital penalties, or their equivalent.
Ex. kidnapping, murder, robbery, rape, most
drugs cases (RA 9165), child abuse (RA 7610)
What are the elements of the crime
under Art. 125, RPC?

1. The offender is a PUBLIC officer or

employee.

2. That he has DETAINED a person for some

legal ground.

3. That he FAILS TO DELIVER such person to

the proper judicial authorities within the 12-
18-36 Rule.
What is the rationale for penalizing
delays under Art. 125, RPC?
 To PREVENT any ABUSE resulting from
confining a person without informing him of
his offense and without permitting him to
go on bail.

 Agbay v. Deputy Ombudsman for the Military,

309 SCRA 726 (1999)
What does “delivery” mean under Art.
125, RPC?
 “Delivery”
means making an accusation or
charge or FILING OF AN INFORMATION
against the person arrested with the
corresponding COURT OR JUDGE.

 Sayov. Chief of Police of Manila, 80 Phil. 859

(1948)
Who are “proper judicial authorities”?

 “Proper judicial authorities” means the

COURTS OF JUSTICE OR JUDGES of said
courts vested with judicial power to order the
temporary detention or confinement of a
person charged with having committed a
public offense.
 This EXCLUDES PROSECUTORS because
they cannot issue a warrant of arrest or order
the commitment of a person.
If the prosecutor fails to file the charges on
time, can he be made liable under Art. 125,
RPC?
 If the city fiscal does not file the information within
the period prescribed by law and the arresting
officer continues holding the prisoner, the fiscal will
NOT be responsible for violation of Article 125
because he is not the one who has arrested and
illegally detained the person arrested, UNLESS he
ordered or induced the arresting officer to hold and
not release the prisoner after the expiration of said
period.
 Sayo v. Chief of Police, 80 Phil. 859
What should the arresting officer do in case
the judge is unavailable and the prescribed
period has expired?
 Where a judge is not available, the arresting
officer is duty-bound to RELEASE a detained
person, if the maximum hours for detention
provided for under Article 125 of the RPC has
already expired.

 Albiorv. Auguis, A.M. No. P-01-1472, June 26,

2003 [IV]
Is the liability for failure to comply with Art.
125 absolute? Are there valid justifying
reasons?
 For the purpose of determining the criminal liability
of an officer detaining a person for more than the
time prescribed by the RPC,
(1) the MEANS OF COMMUNICATION as well as
(2) the HOUR OF ARREST and
(3) OTHER CIRCUMSTANCES, such as the time
of surrender and the material possibility for the
fiscal to make the investigation and file in time
the necessary information, must be taken into
consideration.
 Sayo v. Chief of Police of Manila, 80 Phil. 859 [1948])
Should “no-office days” be included in
computing time under Art. 125, RPC?

 No. An election day or a special holiday,

should NOT be included in the computation
of the period prescribed by law for the filing
of complaint/information in courts in cases of
warrantless arrests, it being a “no-office day.”

 Soria v. Desierto, 450 SCRA 339 (2005) [IV]

Are there exceptions to the 12-18-36
Rule?

1. Under R.A. No. 7438 and the Rules of

Court
- If an arrested person elects to undergo a
preliminary investigation, the provisions of
Article 125 have to be waived in writing and in
the presence of counsel. (see also par. 5.1, DOJ
Circular No. 50 s. 2012)
Are there exceptions to the 12-18-36
Rule? (cont’n)

2. Under the Juvenile Justice and Welfare Act

- instead of being immediately charged in
court, the arrested child who is 15-18 years old
shall be turned over to the local social
development officer (LSDO) to determine
absence or presence of discernment.
-Investigating prosecutor has 8 hours from
receipt of the LSDO report to issue Resolution.
(Section 21 [ i ], R.A. No.9344)
Are there exceptions to the 12-18-36
Rule? (cont’n)

3. Under the Human Security Act

- any law enforcement personnel who has
taken custody of a person charged with or
suspected of the crime of terrorism shall deliver
him to the proper judicial authority within a
period of three (3) days counted from the
moment of arrest. (Section 18, RA No. 9372)
Are violations of R.A. No. 7438
punishable?
 Section 4: Penalty clause

1) Failure to Inform / Failure to provide counsel – FINE of

Php 6000.00 or a penalty of IMPRISONMENT of not less
than 8 years but not more than 10 years OR BOTH.

 Second offense = perpetual absolute disqualification

2) Obstruction / Prevention / Prohibition of visits /

examination – fine of Php 4000.00 and imprisonment of not
less than 4 years but not more than 6 years.
Problem:
 Rey and Hoyle allegedly raped and killed a woman.
The arresting officers were able to extract a
confession from the two. They prepared the
statement in the station for convenience. Then, to
avoid insinuation of intimidation, brought the two
accused to the IBP office with a lot of employees to
sign the document in front of counsels who
vigilantly assisted them stopping the accused from
further making statements time and again whilst
explaining the statements and possible
consequences before signing. Is the confession
valid?
NO.
 The actual custodial investigation occurred at the
Police Station. The presence of the counsels during
the signing is not sufficient. The accused were not
assisted by counsel during the custodial
investigation in the Police HQ.
(People vs Macoy and Diaz, GR 103499)

Note: SC: There is a distinct possibility that the confessions given

by the appellants might speak the truth..... ....Were it not for the
defects inherent in the confessions........ The trial court’s well-
written opinion is an eloquent example of the earnest attempts
judges make to battle crime, would have been readily sustained
by this Court.
Remember:

 Persons arrested, detained or under custodial

investigation continue to possess rights which
must be observed and protected by state
authorities.
 As a rule, arrests must be by virtue of a warrant.
 All persons under custodial investigation must
be assisted by a counsel at all times.
  No person must be detained for any period
longer than necessary.