1.) Rights of the Accuse – please check the process provided in the book. Article 115 of the RPC.

One can be charge with arbitrary detention or illegal detention. 'Suspect”

because not judicially charge. Pls check on the speedy disposition of fcases. On rights of the suspect.

Section 11- guarantees that poverty is not an excuse. It guarantees adequate legal assistance. To
the court and quasi-judicial process. PAW. The moment is arrested without a warrant of arrest. A
suspect arrested and brought to the police station to be ask with regards to the crime, it is already a
deprivation. He is denied a freedom of action. It is against the law enforcer. Please enumerate who are
law enforcers. It has to be an investigation immediately following the arrest of the suspect. He must
have a custodial rights. Absence of that , is inadmissible in EVIDENCE. Admissible if it is nt
investigated as part of res jestae. Interviewed in media , yes the disclosure was not made into the police
officer. The admission was in front of the media and not to the police officer.

TN : If not a law enforcer, admissible in evidence.

Case : Miranda vs. the state of arizona -

Take note on the miranda rights or the custodial rights. Please check the case. It explains the
principle on Miranda Rights. Aquitted in violation of such Miranda rights.

In custodial investigation , it must be conducted by a law enforcer. The investigation when

investigated after arrest without a warrant or custodial right is inadmissible as evidence.

Other case illustrated : Is the admission or confession done in Hongkong arrested there with the
assistance of the NBI , it is admissible as evidence.

People vs. Cruz - helmet case HAHAHAHAA

Investigation conducted in the road side , is it a custodial investigation ?
Ans. No. There is no custodial investigation in the roadside. So if he makes admission to it , it is
admissible as evidence.

Other Case : Is the identification of the suspect in the police line up admissible as evidence ?
Yes , because custodial investigation does not commence.

Constitutional Rights. What are these rights ?

– due process (substantive and procedural)
– custodial rights (there are 3 )

1.) The right to remain silent – not compelled to answer the question that would involved you in
the crime scene. What is your name ?(not a violation because it is not incriminating ).
Right to remain silent is not limited to vocal utterances. So long a sit is communicative in nature.
Question : Can you compelled to put your footprint t relate in the crime scene if you are the suspect ?
Answer : No. Because it is incriminating.

Question : Gun-powder
Answer : No. Because it is self-incriminating

Question: Can a a woman be compelled of doing such pregnancy test due to a case of adultery imposed
against her ?
Answer : No . Because it is incriminating on her part.

Question : Sample of your hair , saliva or blood

Answer : Yes. Because it Is mechanical. It does not use your intelligence. Hence admissible as
evidence.

Question : Handwriting
Answer : Invoke only your Right to remain silent.

Question : When you are ask to sign an inventory , is that an admission that those evidences are
actually recovered for your possession ?
Answer : The signature is nothing. Cannot be used as a evidence against you.

Question : Ask to sign a booking sheet that you have arrested

Answer : No. That is only a proof of arrest. Nothing more.

Question : Initial envelopes recovered from him . On his signatures

Answer . Inadmissible. Violation of his custodial rights .

Can the right to remain silent may be waived ?

Answer : Yes. In writing. Please check the requirements. So long as there is no fraud, violence or
intimidation. That is the guarantee.

Being assisted by a lawyer : So long as competent. (determine who are considered as competent ) .
prosecutor cannot be the judge and assist . He will only prosecute so that there will be no conflict of
interest. If there is probable cause , the fiscal would file the case on the court.

Right to be informed of his rights – is a right of the suspect. Failure of that , there will be a criminal
administrative sanction on the part of the law enforcer. There is no presumption of regularity on the
part of the policeman. The burden on proof lies in the policeman (RA 7438).