News Ticker

Menu

Right Of An Attorney Or Relative To Visit The Person Arrested


Section 14. 

The attorney of the person arrested have the right to visit and confer
privately with such person in jail or any place of custody at any hour
of the day or night.

RA 7438 defined the RIGHTS OF PERSONS ARRESTED, DETAINED OR
UNDER CUSTODIAL INVESTIGATION with the penalties for violation thereof.
1. Custodial investigation
      - Involves any questioning initiated by law enforcement officers
        after a person has been taken into custody or otherwise deprived
        of his freedom of action in any significant way.

      - It is only after 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 lends itself to
        eliciting incriminating statements that the rule begins to
        operate.

      - Embraced in custodial investigation:
           - invited for questioning
           - re-enactment

      - Not embraced in custodial investigation:
           - police line-up
           - ultraviolet ray examination
           - normal audit examination by the COA of the accountability
             of a public officer

2. When the threat or promise was made by, or in the presence of, a
   person in authority, who has, OR is supposed by the accused to have
   power or authority to fulfill the threat or promise, the confession
   of the accused is inadmissible.

3. Presumption of regularity in the performance of duties:
         - Does not apply during in-custody investigation, nor can it
           prevail over the constitutional right of the accused to be
           presumed innocent.

4. The arresting officer may be held civilly liable for damages under
   Art. 32 of the Civil Code. The very nature of Art. 32 is that the
   wrong may be civil or criminal. It is not necessary that there
   should be malice or bad faith.

5. On Civil Procedure:
      - Section 20 Rule 14 of the 1997 Rules of Civil Procedure
        provides in part that the inclusion in a motion to dismiss of
        other grounds aside from lack of jurisdiction over the person
        of the defendant shall not be deemed a voluntary appearance.
        Section 8 Rule 15 provides that subject to the provisions of
        Section 1 Rule 9, a motion attacking a pleading, order,
        judgment or proceeding shall include all objections then
        available, and all objections not so included shall be deemed
        waived. These changes in the 1997 Rules of Civil Procedure
        are applicable to criminal cases as Section 3 Rule 1 thereof
        provides that “these rules shall govern the procedure to be
        observed in actions, civil or criminal, and special proceedings.”
        Moreover, the omnibus motion rule applies to motions to quash.

6. Section 26 of Rule 114 of the New Rules of Criminal Procedure
   provides that bail is not a bar to objection on illegal arrest,
   lack of or irregular preliminary investigation. This is an abandonment
   of the Cojuangco, Jr. v. Sandiganbayan ruling.














Share This:

Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

No Comment to " Right Of An Attorney Or Relative To Visit The Person Arrested "

Post Any Question Or Correction

  • To add an Emoticons Show Icons
  • To add code Use [pre]code here[/pre]
  • To add an Image Use [img]IMAGE-URL-HERE[/img]
  • To add Youtube video just paste a video link like http://www.youtube.com/watch?v=0x_gnfpL3RM