Teves v sandiganbayan gr no 154182 dec 17 2004

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Unformatted text preview: le is based on the principle that evidence illegally obtained by the State should not be used to gain other evidence, because the originally illegally obtained evidence taints all evidence subsequently obtained. 4. REPUBLIC ACT 7438 (AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF) Q: What is the relevance of this act in relation to Rights of Suspects? A: This is in implementation of Article Section 12 of the Constitution, enacted on 27 April 1992, strengthens the rights of persons arrested, detained or under custodial investigation stated as Miranda rights and other rights such as: 1. Any person arrested, detained or under custodial investigation shall at all times be assisted by counsel. 2. The custodial investigation report shall be reduced to writing by the investigating office and it shall be read and adequately explained to him by his counsel or by the assisting counsel 3. Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in writing and signed by such person in the presence of his counsel Note: As used this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the "inviting" officer for any violation of law. (RA 7438) 5. ANTI‐TORTURE ACT OF 2009 (RA 9745) Q: What is the relevance of Anti Torture Act of 2009 in relation to Rights of Suspects? A: It is meant to implement the guarantees in Section 12 of the Bill of Rights against torture and other related acts. It adds the right, among others, to be informed of one’s right to demand physical examination by an independent and competent doctor of his/her own choice, which may be waived, provided it is in wri...
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This document was uploaded on 03/12/2014.

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