Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: ssible in court since the same was in violation of his Miranda Rights. The court denied on the ground that the Miranda Rights are only applicable during custodial investigation and after the filing of the information he can no longer invoke the same. Decide. A: The rights are not confined to that period prior to the filing of a complaint or information but are available at that stage when a person is under investigation for the commission of the offense. The fact that the framers of our Constitution did 98 not choose to use the term “custodial” by having it inserted between the words “under” and “investigation” goes to prove that it has broadened the application of the Miranda doctrine to investigation for commission of an offense of a person not in custody alone. (People v. Maqueda, G.R. No. 112983, Mar. 22, 1995) Q: When are the Miranda rights unavailable? A: 1. During a police line‐up, unless admissions or confessions are being elicited from the suspect (Gamboa Vs. Cruz,L‐56291, 27 Jun 1988) 2. During administrative investigations (Sebastian, Jr v Garchitorena, G.R. No 114028) 3. Confessions made by an accused at the time he voluntarily surrendered to the police or outside the context of a formal investigation; (People v Baloloy, G.R. No 140740, April 12, 2002) and 4. Statements made to a private person (People v Tawat, G.R. No 62871, May 25, 1985) 2. Waiver Q: What are the rights that may be waived? A: 1. Right to remain silent 2. Right to counsel Note: However, the right to be informed of these rights cannot be waived. 3. Requisites Q: What are the requisites for a valid waiver of these rights? A: 1. Made voluntarily, knowingly and intelligently 2. Waiver should be made in writing 3. Made with the presence of counsel (People v Galit, 135 SCRA 465,1980) Q: Is a confession given to a mayor admissible in court? A: Yes, if such confession was given to the mayor as a confidant and not as a law enforcement POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASS...
View Full Document

{[ snackBarMessage ]}

Ask a homework question - tutors are online