Right Of An Attorney Or Relative To Visit The Person Arrested

Section 14. 

The attorney of the person arrested has the right to visit and confer privately with such a 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:
- It does not apply during an 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.