Rights of arrested or detained persons
The 1987 Constitution guarantees that no Filipino shall be deprived of life, liberty, or property without due process of law. Read more: If you're arrested or detained, know these rights. Michael Bueza @mikebueza. Published 9:34 AM, May 26, 2017. Updated 10:25 AM, May 26, 2017. www.rappler.com/newsbreak/iq/170936-rights-arrested-detained-persons.As long as a citizen abides by the law, he or she should not be in trouble.
But what if you're apprehended by authorities for some reason – or in times of emergency, like the recent declaration of martial law in Mindanao – you're picked up due to supposed security concerns?
Remember, the Constitution remains in effect – even during those times. Along with relevant laws and issuances, the Constitution makes sure citizen's rights continue to be respected.Article III, Section 12 of the 1987 Constitution (also known as the Bill of Rights) states that any person under investigation for the commission of a crime or 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 you can't afford a lawyer, the state will provide you with one.
The right to remain silent is emphasized because any statement you give can be used against you in court.
Likewise, it is your right to call or have access to a lawyer at all times throughout the ordeal of arrest or detention.
These rights cannot be waived "except in writing and in the presence of counsel," says the Constitution.
More rights. Read more: If you're arrested or detained, know these rights. Michael Bueza @mikebueza. Published 9:34 AM, May 26, 2017. Updated 10:25 AM, May 26, 2017. www.rappler.com/newsbreak/iq/170936-rights-arrested-detained-persons.
If you're being arrested you should know these additional rights:
- Know the reason for your arrest at the time of your arrest via an arrest warrant, which you should ask for;
- Ask for the identity and authority of the arresting officer;
- Be promptly brought before a judge and be "entitled to a trial within a reasonable time" or to be entitled to release subject to guarantees to appear for trial; and
- Demand physical examination by an independent and competent doctor of your choice before and after interrogation, as stated in Republic Act 9745 or the Anti-Torture Act.
Lawyer Marlon Manuel of the Alternative Law Groups, a coalition of legal resource non-governmental organizations, said that physical examination is already part of the police's booking procedures immediately after an arrest.
The Free Legal Assistance Group (FLAG), in its primer on human rights, also recommends that you stay calm, not resist arrest or offer any physical resistance, and ask a relative, friend or even anybody to witness the arrest. Make sure to get the witness' name and address.
FLAG also suggests you ask the arresting officer where you will be brought, and be accompanied by the witness of your arrest. Do not agree to be blindfolded.
If authorities invite you for questioning, say you will first consult your lawyer, who will arrange a date, time, and place for your questioning. If they insist on taking you with them, their acts become tantamount to an arrest.
This is different from custodial investigation, where you are taken into police custody for interrogation because you are "considered a suspect, and therefore are being investigated as a potential accused in a criminal case," said Manuel. "Usually, custodial investigation follows warrantless arrest."
"In short, if the invitation [for questioning] is not really an invitation but more of a deprivation of liberty, it becomes equivalent to custodial investigation," he added. Read more: If you're arrested or detained, know these rights. Michael Bueza @mikebueza. Published 9:34 AM, May 26, 2017. Updated 10:25 AM, May 26, 2017. www.rappler.com/newsbreak/iq/170936-rights-arrested-detained-persons.
