Rights of the Suspect

Definitions

• Suspect: A person undergoing investigation, no case filed yet.
• Respondent: When the suspect is under preliminary investigation by a prosecutor.
• Accused: When a case is filed against a person in a court of law.

Rights Under Section 12, Article 3 of the 1987 Constitution

Seven Rights Guaranteed

1. Right to Remain Silent

   • Not to be forced to say anything.
   • To prevent self-incrimination.

2. Right to Competent and Independent Counsel

   • Lawyer preferred of own choice.
   • Lawyer actively safeguards constitutional rights.
   • State provides counsel if unaffordable.

3. Right to be Reminded of Right to Counsel

   • If unaffordable, state provides one.
   • Public Attorney’s Office generally provides assistance.

4. Right to be Informed of Rights

   • Cannot be waived.
   • Always absolute.

5. Right Against Torture, Force, Violence, Threat, Intimidation

   • Protects free will.
   • No aggressive or forceful means allowed.

6. Right Against Secret Detention Places

   • No solitary confinement or similar detentions.
   • Causes psychological trauma.

7. Right to Inadmissibility of Illegally Obtained Confessions

   • Confessions obtained violating rights are inadmissible.
   • Follows the exclusionary rule.

Custodial Investigation

• Definition: Questioning by law enforcer after custody or deprivation of freedom.
• Commencement: When investigation shifts focus to a particular suspect.

Application of Rights

• Apply against testimonial compulsion only.
• Unavailability:
  • During police line-ups (unless eliciting admissions).
  • Administrative investigations.
  • Voluntary confessions to police or outside formal investigation.
  • Statements made to private persons (e.g., media).

Miranda Rights

• Three Key Rights:
  1. Right to remain silent.
  2. Right to counsel.
  3. Right to be informed of these rights.
• Miranda Rights Requirement: Must be communicated clearly in a language understood.

Waiver

• Validity: Must be voluntary, knowingly, intelligently made, in writing, and in presence of counsel.
• Non-Waivable: Right to be informed of rights.

Expanded Miranda Doctrine

• Introduced by the Mahine case.
• Requires thorough communication of rights under custodial investigation.

Rights Under RA9372

• Specific to investigations related to terrorism.

---

These notes cover the essential aspects of a suspect's rights during investigations and the legal framework guiding these rights.