Republic of the Philippines

Congress of the Philippines

Metro Manila
Eighth Congress
Republic Act No. 7438 April 27, 1992
AN AC !E"#N#N$ CERA#N R#$%& '" PER&'N ARRE&E!, !EA#NE! 'R (N!ER
C(&'!#A) #N*E&#$A#'N A& +E)) A& %E !(#E& '" %E ARRE&#N$, !EA#N#N$
AN! #N*E&#$A#N$ '""#CER&, AN! PR'*#!#N$ PENA)#E& "'R *#')A#'N& %ERE'"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::
&ection 1. Statement of Policy. It is the policy of the Senate to value the dignity of every human
being and guarantee full respect for human rights.
&ection 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of
Public Officers.
(a) Any person arrested detained or under custodial investigation shall at all times be
assisted by counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, ho
arrests, detains or investigates any person for the commission of an offense shall inform the
latter, in a language !non to and understood by him, of his rights to remain silent and to
have competent and independent counsel, preferably of his on choice, ho shall at all
times be alloed to confer privately ith the person arrested, detained or under custodial
investigation. If such person cannot afford the services of his on counsel, he must be
provided ith a competent and independent counsel by the investigating officer.l awphi1
(c) "he custodial investigation report shall be reduced to riting by the investigating officer,
provided that before such report is signed, or thumbmar!ed if the person arrested or
detained does not !no ho to read and rite, it shall be read and ade#uately e$plained to
him by his counsel or by the assisting counsel provided by the investigating officer in the
language or dialect !non to such arrested or detained person, otherise, such investigation
report shall be null and void and of no effect hatsoever.
(d) Any e$tra%udicial confession made by a person arrested, detained or under custodial
investigation shall be in riting and signed by such person in the presence of his counsel or
in the latter&s absence, upon a valid aiver, and in the presence of any of the parents, elder
brothers and sisters, his spouse, the municipal mayor, the municipal %udge, district school
supervisor, or priest or minister of the gospel as chosen by him' otherise, such e$tra%udicial
confession shall be inadmissible as evidence in any proceeding.
(e) Any aiver by a person arrested or detained under the provisions of Article ()* of the
+evised ,enal -ode, or under custodial investigation, shall be in riting and signed by such
person in the presence of his counsel' otherise the aiver shall be null and void and of no
effect.
(f) Any person arrested or detained or under custodial investigation shall be alloed visits by
or conferences ith any member of his immediate family, or any medical doctor or priest or
religious minister chosen by him or by any member of his immediate family or by his counsel,
or by any national non.governmental organi/ation duly accredited by the -ommission on
0uman +ights of by any international non.governmental organi/ation duly accredited by the
1ffice of the ,resident. "he person&s 2immediate family2 shall include his or her spouse,
fianc3 or fianc3e, parent or child, brother or sister, grandparent or grandchild, uncle or aunt,
nephe or niece, and guardian or ard.
As used in this Act, 2custodial investigation2 shall include the practice of issuing an 2invitation2 to a
person ho is investigated in connection ith an offense he is suspected to have committed, ithout
pre%udice to the liability of the 2inviting2 officer for any violation of la.
&ection 3. Assisting Counsel. Assisting counsel is any layer, e$cept those directly affected by
the case, those charged ith conducting preliminary investigation or those charged ith the
prosecution of crimes.
"he assisting counsel other than the government layers shall be entitled to the folloing fees'
(a) "he amount of 1ne hundred fifty pesos (,(*4.44) if the suspected person is chargeable
ith light felonies'l awphi1alf
(b) "he amount of "o hundred fifty pesos (,)*4.44) if the suspected person is chargeable
ith less grave or grave felonies'
(c) "he amount of "hree hundred fifty pesos (,5*4.44) if the suspected person is chargeable
ith a capital offense.
"he fee for the assisting counsel shall be paid by the city or municipality here the custodial
investigation is conducted, provided that if the municipality of city cannot pay such fee, the
province comprising such municipality or city shall pay the fee: ,rovided, "hat the Municipal
or -ity "reasurer must certify that no funds are available to pay the fees of assisting counsel
before the province pays said fees.
In the absence of any layer, no custodial investigation shall be conducted and the suspected
person can only be detained by the investigating officer in accordance ith the provisions of Article
()* of the +evised ,enal -ode.
&ection 4. Penalty Clause. (a) Any arresting public officer or employee, or any investigating
officer, ho fails to inform any person arrested, detained or under custodial investigation of his right
to remain silent and to have competent and independent counsel preferably of his on choice, shall
suffer a fine of Si$ thousand pesos (,6,444.44) or a penalty of imprisonment of not less than eight
(7) years but not more than ten ((4) years, or both. "he penalty of perpetual absolute dis#ualification
shall also be imposed upon the investigating officer ho has been previously convicted of a similar
offense.
"he same penalties shall be imposed upon a public officer or employee, or anyone acting
upon orders of such investigating officer or in his place, ho fails to provide a competent and
independent counsel to a person arrested, detained or under custodial investigation for the
commission of an offense if the latter cannot afford the services of his on counsel.
(b) Any person ho obstructs, prevents or prohibits any layer, any member of the
immediate family of a person arrested, detained or under custodial investigation, or any
medical doctor or priest or religious minister chosen by him or by any member of his
immediate family or by his counsel, from visiting and conferring privately ith him, or from
e$amining and treating him, or from ministering to his spiritual needs, at any hour of the day
or, in urgent cases, of the night shall suffer the penalty of imprisonment of not less than four
(8) years nor more than si$ (6) years, and a fine of four thousand pesos (,8,444.44).l awphi1
"he provisions of the above Section notithstanding, any security officer ith custodial responsibility
over any detainee or prisoner may underta!e such reasonable measures as may be necessary to
secure his safety and prevent his escape.
&ection ,. Reealing Clause. +epublic Act 9o. 9o. 7*:, as amended, is hereby repealed. 1ther
las, presidential decrees, e$ecutive orders or rules and regulations, or parts thereof inconsistent
ith the provisions of this Act are repealed or modified accordingly.
&ection -. !ffectivity. "his Act shall ta!e effect fifteen ((*) days folloing its publication in the
1fficial ;a/ette or in any daily nespapers of general circulation in the ,hilippines.
Approved: April 27, 1992.l awphi1