Consti II case digest: Miranda Doctrine

 RA 7348:

1.  The person arrested, detained, or invited under custodial investigation shall be informed in the language known to or understood by him of the reason of his arrest and he must be present with a warrant of arrest, if any. Other warnings, information, or communication must be in a language understood by him.

2.  He must be informed of his right to remain silent, and every statement makes by him may be used as evidence against him.

3.  He must be informed of his right to be assisted at all times and with the presence of a competent and independent lawyer, preferable of his own choice.

4.  He must be informed that if he has no lawyer, or if he cannot afford the services of the lawyer, one will be provided to him, and that a lawyer may also be engaged by any person in his behalf, or may be appointed by the court after petition of the accused, or one acting in his behalf.

5.  That whether or not the person arrested has a lawyer, he must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made.

6.  The person arrested, must be informed of his right to communicate or confer in the most expedient means - telephone, radio, letter or messenger - with his counsel, any member of his immediate family, or any medical doctor, priest or minister chosen by him or by any one from his immediate family, or by his counsel, or be visited by / confer with duly accredited national or international non-governmental organization. it shall be the duty of the officer to ensure that this is accomplished.

7.  He must be informed that he has the right to waive any of said rights, provided that it is made voluntarily, knowingly or intelligently and ensure he understand the same.

8.  In addition, if the person arrested waives his right to a lawyer, he must be informed that it must be done in writing  and in the presence of counsel, otherwise, he must be warned that the waiver is void even if he insist on his waiver and chooses to speak.

9.  That the person arrested must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned with warning that once he make such indication, the police may not interrogate him if the same had not yet commenced, or the interrogation must ceased if it has already begun.

10. The person arrested must be informed that his initial waiver of his right to remain silent, the right to counsel or any of his rights does not bar him from invoking it at any time during the process, regardless of whether he may have answered some questions or volunteered some statements;

11. He must also be informed that any statement or evidence, as the case may be, obtained in violation of any of the foregoing, whether inculpatory or exculpatory, in whole or in part, shall be inadmissible in evidence.