let's talk about the rights of the suspect by the way if you hear the word suspect this would refer to a person undergoing investigation a repeat this is a person undergoing investigation there is no case filed yet against this person in a heart of law a repeat there is no case filed yet against this person in a heart of law ebik if a suspect now becomes the subject of a preliminary investigation conducted by the prosecutor the suspect is actually regarded as a respondent a repeat if this suspect is the subject of a preliminary investigation conducted by the if a person is undergoing investigation under the law enforcers or under the law enforcement suspect specifically if this suspect is undergoing preliminary investigation conducted by your prosecutor is already filed against him in a court of law the moment the case is filed against him in a court of law indiana would be accused in a criminal casa so in a criminal case if a complaint or information is already filed against the person in a court of law the person against whom the complaint or information is filed is called your accused ibang writes down suspect ibang writes none accused where can you actually find the rights of a suspect you tried to look at it at section 12 of your article 3 of the bill of rights so provided modulo young writes under section 12 okay maron time for paragraphs in relation to section 12 discussing the rights of a person undergoing investigation so manga enumeration under section 12 nino so [Music] so basing it on section 12 four paragraphs yet right let's now try to see the seven rights guaranteed under section 12. so these were the seven rights guaranteed under section 12 article 3 of the 1987 constitution number one you have there the right to remain silent number two write to competent and independent counsel preferably of your own choice number three try to be reminded that if he could not afford the services of council he would be provided with one number four right to be informed of his rights number five right against torture force violence threat intimidation or any other means which will viciate free will number six write against secret detention places solitary in communicado or similar forms of detention and lastly the right to have confessions or admissions obtained in violation of this rights considered inadmissible in evidence writes nagina guarantee under your section 12. now let's try to talk about them individually first guaranteed right is your right to remain silent now pakistani right to remain silent this would refer to the right not to be forced to say anything he repeat this is your right not to be forced to say anything you cannot be compelled to say something against your will if you do not want to talk about it now what is the purpose for said right it is for purposes of assuring that the suspect would not say anything that might be used against him or that might incriminate him repeat parasancha for what purpose it is actually to assure that the suspect would not see anything that might be used against him or that might incriminate him the more that the person talks the more that he says the more chances that might incriminate him or maybe something that might put him in japanese it would be best if that person would not just stop okay if you are a suspect your first right is the right to remain silent you cannot be forced to say something because if you say something the possibility is you might say something that might incriminate you or you might say something that may be used against you parang he kept on talking he kept on talking imagine he was in front of mass niger tapas as he was saying something merong sang nasabe about his participation in the crime okay so he was able to say something about his participation in the crime habakkuk did he exercise his right to remain silent the answer is no take note and that we have the right to remain silent but this person kept on talking he kept on talking and because of too much talking what now happened he said something that was later on used against him in a court of law now panong hindi magandadito and it was also the mass media whom he answered okay in that situation because of what he said that this incriminatory statement in a sabinya before the mass media what now happened that statement was later on used against him in a court of law the more that he says the more chance says that he would say something that might be used against him better discussions about confessions made before mass media would be discussed later okay the right to remain silent is your right not to be forced to say anything okay that's your first guaranteed right under your section 12. second guaranteed right is your right to competent and independent counsel preferably of your own choice all you need to remember is whenever you talk about a competent and independent council you are actually referring to a lawyer who is willing to fully safeguard the constitutional rights of the suspect i repeat pakistan a competent and independent council this would refer to a lawyer who is willing to fully safeguard the constitutional rights of the suspect ibxabihen that lawyer is not just there to recite the rights of the person he is not just there to observe but rather that lawyer should be there to actively participate in the protection and safeguarding of the constitutional rights of the person he is representing you need to make sure now there is a lawyer we are trying to curb the police state practice of extracting confession that will lead to the suspect to make a self-incriminating statement repeat why do you need a lawyer you need the lawyer to curb the police state practice of extracting confession that will lead the suspect to make self-incriminating statements no offense to mandiba in reality we cannot really eradicate the old practice of a lot of law enforcers whereby they would be using coercion meaning physical ordinance intimidation psychological activities or maybe strategies in order to extra confession or maybe information from a suspect now because of the coercion because of the intimidation because of said activities now or maybe strategies there are even people who are innocent and they would not be forced to confess just because of the trauma caused by the coercion or maybe the intimidation try to imagine okay maybe [Music] so that they can already close the case is a competent and independent lawyer we need a lawyer who would definitely be participating in the protection end of course the safeguarding of the constitutional rights of the suspect atima types when they already feel the incriminating name questions na bini bi gaydon's a suspect they are going to butt in they would now stop the questioning or maybe the interrogation they already know na this is already violating the right of the person okay participation he should be there not just as a prop but rather he should be there to assure that the rights of the person would be protected indeed so who would be there to protect his rights you now have what you call your competent and independent counsel to curb the police state properties of extracting confession that will lead the suspect to make self-incriminating statements on competent and independent counsel to protect or maybe safeguard the constitutional rights of the accused okay so that would be your competent and independent lawyer by the way that lawyer must preferably be the own choice of the it is the state's responsibility to provide him with a council still a competent and independent council that would be able to assist this suspect all throughout the investigation in the time sangam um yeah okay so in the absence of a competent and independent council preferably of the own choice of the suspect a non-responsibility nang state the state must provide him with one pero lawyer and independent council still a council now even if provided by the state would still function in such a manner that he would actively participate to safeguard the constitutional rights of the suspect okay there was a case what happened in that case a person was actually taken into custody right to competent and independent counsel preferably of his own so some problem he does not even have his own lawyer enforcers in that case enforcers they did not call the public attorney's office but rather the helmet prosecutor who at that time was also in the police station suspect so what happened the prosecutor agreed and he now assisted the suspect during the interrogation merenbang violation owns her right to competent and independent counsel preferably of his own choice non-suspect nato was there a violation on sabine's supreme court yes there was a violation take note is the lawyer of the state his primary function is what his primary function is to actually find probable cause for purposes of filing an information in court a prosecutor is always a lawyer but although competent shah we cannot consider him independent because at the end of the day he is still considered as the lawyer of the state okay so that patanginawa natal nating law enforcers is a public attorney's office anyway interview or maybe interrogation someone coming from the public attorney's office not a prosecutor because the prosecutor is the lawyer of the state you need to remember that the prosecutor would always be on the side of the state okay that is your right to competent and independent council so ebik sabihin guys young right to be reminded that if he could not afford the services of council he would be provided with one is always a part of the above mentioned right you write up the prior right that we just talked about which is the right to a competent and independent council preferably of your own choice to be reminded that if he could not afford the services of council he would be provided with one man automatically if a suspect now does not have a lawyer or maybe cannot afford the services of a lawyer preferably of his own choice among mandate the state is required to provide him with a competent and independent lawyer still a competent and independent lawyer of his own choice so i already told you the most often the natsan and the galen young lawyer manga galin as a public attorney's office is a primary office that would be providing services to suspects who are unable to have their own lawyers or those who cannot afford the services of lawyers yes you guys a public attorney's office libre and services or maybe the people they are representing would not pay anything service or maybe person suspected or maybe accused of pranks okay oh by the way take note even if the person consents to answer questions without the assistance of counsel so even if the person consents to answer questions without the assistance of counseling the moment he asks for a lawyer at any point in the investigation the interview or maybe the interrogation must already cease until an attorney is present i repeat even if the person consents to answer questions without the assistance of counseling the moment he asks for a lawyer at any point in the investigation the interrogation must cease until an attorney is present possible yo investigation without assistance of a lawyer you suspect mismo started answering questions without the assistance of council he the moment the suspect now would be requesting the assistance of townsend the moment he would be requesting the assistance of council you need to stop said interrogation so the moment he would be asking a council automatic the interrogation or maybe the investigation must already see okay you already need the presence of an attorney why he's already requesting the presence of a lawyer so next right you have the right to be informed of your rights this is the right that can never be waived i repeat the right to be informed of your rights is the right that can never be with hindi writes about it okay to be informed of your rights is the only right that cannot be weaved hindi padding mowing this right is always absolute okay so that is your right to be informed of your rights next next right is your right against torture force violence threat intimidation or any other means which viscade free will is that as your law enforcers would be conducting investigation and during the investigation they would be conducting an interrogation take no when you hear the word interrogation it is different from an interview pakistani interrogation kasi guys very wrong young notion that and it is always aggressive very wrong you and lagging my physical force no that notion is wrong pakis interrogation it is actually an aggressive or skillful manner of questioning a suspect interrogation is an aggressive or skillful manner of questioning a suspect indica lagging aggressive that's when you talk about aggressive it does not mean physical violence involved okay hindi my physical violence involved physical violence is not even allowed when you talk about aggressive it talks about something which is confrontative okay i repeat pakistan aggressive detail it does not refer to the use of physical violence but rather interrogation is said to be aggressive because it is what it is confrontative in nature it's very assertive it's very forceful for it does not necessarily mean that you would be inflicting violence physical or maybe psychological okay so for the last time happiness it is the aggressive or skillful questioning of a suspect or maybe of a person now as you question a person or maybe as you conduct your own investigation as law enforcers who are not allowed to use any torture any force any violence any threat any intimidation just to make sure that that suspect would confess or maybe just to be sure that this person would give in to your demands hindi that is not allowed why you have a guarantee under section 12. every person has the right against torture force violence threat intimidation or any other means which initiate free will by the way if you hear the word vitiate it is something that destroys it's something that spoils or maybe something that impairs the free will of all persons accomplished physically intimidation it is psychological target the morality of the person the humanity of the person okay so if you have ever heard the term that is actually considered as a form of intimidation that's a later on realize if a confession or maybe if the investigation utilized any of this because they violate the right guaranteed under section 12 they would be considered as in admissible okay anyway violence threat intimidation and by the way i want to introduce to you guys the word judas i repeat you have the word judas d-u-r-e-s-s man can't turn you and later on in your book one if you hear the word judas judas talks about your compulsion through the use of violence or compulsion through the use of violence okay next right you have the right against secret detention places solitary incommunicado or maybe similar forms of detention is it is the right which is the very reason why we no longer allow bartolinas in the philippines it doing very reason solitary confinement secret detention problems detention places what do you mean by solitary solitary ampinagusa would be your solitary confinements if you could still remember your solitary confinement would not talk about what this are talking about your places of incarceration which are isolated or may be segregated from the total inmate population isolated segregated from the whole inmate population suspect most often than that among a solitary confinement nino balili is predict communicate on a place under solitary confinement because according to researchers conducted accordingly said form of detention or maybe incarceration causes psychological trauma which might now lead to psychological problems according to research a lot of people who were placed under solitary confinements became insane these people suffered mental defects as an effect of the solitary confinement okay you know this is a form of what this is a form of intimidation psychological casito in nature okay so that would be your right against secret detention solitary in communicado or similar forms of detention that's right you have the right to have confessions or admissions obtained in violation of these rights considered inadmissible in evidence ebik sabihin if the confession or the admission was obtained in violation of the first six rights that we have been enumerating a while back all these confessions all these admissions are considered as in admissible mom what role covers this you now have the exclusionary rune if you could still remember anong sabinathan under exclusionary rule any evidence obtained in violation of the bill of rights are in admissible evidence in violation of the rights of the suspect indicating the meeting in case from the confession or maybe the admission they were able now to locate and confiscate another evidence so it is because of the confession so from the confession we were able to locate or maybe we were able to obtain another evidence can this evidence be used against the suspect again the answer is no what rule would govern you have there the doctrine of the fruit of the poisonous tree by the way i forgot to tell you last time the incase hindi mahanapang salitang doctrine of the fruit of the poisonous tree okay pagindino [Music] if you cannot find the doctrine of the fruit of the poisonous tree and happiness you try to find what you call your so-called saint doctrine but for doctrine you try to find your taint doctrine so you nangshaha your doctrine of the fruit of the poisonous tree is otherwise known as your bought for doctrine or maybe your taint dr gaisa for doctrine this provides that evidence obtained in violation of the bill of rights are inadmissible evidence illegally obtained or inadmissible on the other hand jung doctrine of the fruit of the poisonous tree or taint it is an extension of the exclusionary rule so under the doctrine of the fruit of the poisonous tree and angsabe evidence obtained from an illegally obtained evidence are also inadmissible so if the evidence came from an illegally obtained evidence among sabae the evidence obtained from the illegally obtained evidence is also inadmissible so then illegally obtained evidence are also considered as inadmissible they are also considered as illegal okay extension exclusionary are available in what instances this enumerated writes the seven enumerated rights are all available during custodial investigation i repeat my writes they are all available during custodial investigation so when do you say or when do you consider the investigation as one of custodial investigation or better when would you consider the questioning of the person no longer a general inquiry but rather one of custodial investigation okay first things first you need to know what is meant by custodial investigation please do remember that your custodial investigation involves the questioning by a law enforcer after a person is taken into custody or deprived of his freedom in any significant manner i repeat pakistan investigation under your ra 7438 custodial investigation involves any questioning by any law enforcer after a person is taken into custody or deprived of his freedom in any significant manner there is custodial investigation if you now question a person who is already under your custody if you now question a person who is deprived of his freedom in any significant manner take note when you say deprived of his freedom in any significant manner it does not necessarily mean that he needs to be incarcerated it is also possible is someone that you are now prohibiting or may be preventing from maybe leaving the barangay where the crime happened freedom of movement in such case you do not allow him to move out of the barangay where the crime happened on questioning you are now depriving him from moving out of the barangay where the crime happened or maybe you are depriving him from leaving where he is you are depriving his freedom in a significant manner so if you are now questioning a person and you are depriving him of his freedom in a significant manner okay there is custodial investigation investigation take note that your custodial investigation commences as soon as the investigation ceases to be a general inquiry into an unsolved crime and the direction is aimed upon a particular suspect as when the suspect was being taken into police custody and to whom the people would then direct interrogatory questions which tend to elicit incriminating statements i repeat custodial investigation commences as soon as the investigation ceases to be a general inquiry into an unsolved crime and the erection is aimed upon a particular suspect as soon as when the suspect who has been taken into police custody and to whom the police would then direct interrogatory questions which tend to elicit incriminating statements is no longer a general inquiry the moment mug stopped angpa gigi in general inquiring questions and then later on young question small would be starting to focus on this person as a suspect it would now start to focus on questions which would now try to link him to the crime anong sabe that is already custodial about the crime but rather your questions now would specifically try to ask on his involvement on the crime in invite questions as a witness the moment your questions start propounding as if this person is involved in the crime commission indeed as a general inquiry it now becomes a form of custodial investigation therefore all the rights we enumerated a while back the seven rights we enumerated would now put into action it would not be put into action okay so if you were able to read the assigned law for this topic the by you have their ra 7438 ethereum law governing your custodial investigation if you look at section 2 you would notice that this section provides that your custodial investigation shall include the practice of issuing an invitation to a person who is under investigation in connection with an offense he is suspected to have committed if the law enforcers would be issuing an invitation to the person is under investigation in connection with the crime now allegedly he has committed mere issue once an invitation would already constitute custodial investigation so the mere issue wants of the investor the mere issue once of the invitation to that person considered the custodial investigation is actually under investigation in connection with the crime that he is suspected to have committed okay invitation for him to appear before the so-called law enforcers okay is under investigation of his involvement in a crime amongst section 2 this includes or this is included as a form of custodial investigation your rights during custodial investigation will only apply against testimonial compulsion repeat your rights under custodial investigation jung seven in the numerate not in kanina would only apply against testimonial compulsion it cannot apply with regard to the body which is proposed to be examined writes under custodial investigation against testimonial compulsion you cannot be forced to say anything against you you are not or you cannot be forced to say anything that would incriminate you testimony it's something that you would be saying it's something that you would be talking about jung writes nino under custodial investigation cannot be applied okay when the body of the person is custodial investigation example photograph they took body measurements they tried to get your garments or maybe your shoes young man i take note the examination now is focused on the body of the suspect in such case angsabe that is a purely mechanical act okay hindi saginaw your rights under custodial investigation can only apply against testimonial compulsion it cannot be used when the body of the person is the proposed subject of examination these are purely mechanical acts photography measurement garments these are purely mechanical acts hindi gaga mita nang utta kayang sabe the rights under custodial investigation cannot be used in one case decided by the supreme court it ruled that the protection guaranteed by the seven rights under custodial investigation shall cover the period from the time a person is taken into custody for purposes of investigation of his possible participation in the crime from the time he was singled out as a suspect in the crime although not yet in custody i repeat in one case decided by the supreme court anongsabe the seven rights we have enumerated under custodial investigation covers the period from the time the person is taken into custody for investigation of his possible participation in the crime from the time he was singled out as a suspect in the crime although not yet in custody even if the person is not yet under custody or maybe he is already under custody the mere fact that this person now is being questioned in relation to his participation in a crime or maybe he is already being singled out as a suspect in the commission of the crime deeper in custody or maybe they are already in custody their questioning now would be tantamount to custodial investigation investigation would already apply so take note this rights under custodial investigation would not apply during a police line up unless admissions or confessions are being elicited from the suspect i repeat as a general rule your rights under custodial investigations would not apply during a police lineup you now have a number of suspects and then you witness would be pinpointing right so take note young custodial or they are unavailable during a police lineup general rulian perez an exception they would now be available if okay if admissions or confessions are already being elicited from the suspect pakistan elicited ebik sabihin admissions or confessions are already being taken from the suspects okay so during a police line up unavailable unless admissions or confessions are already being elicited from the suspects okay that is your number one an available shah during a police line up number two it is also unavailable during administrative investigations i repeat it is also unavailable during administrative investigations example diva law enforcement investigation and internal affairs service deba you're done oh no you are already taking your leia internal affairs service yes if they conduct investigation the investigation they are conducting is considered an administrative investigation in such cases unavailable jung writes under custodial investigation next you now have confessions made by an accused at the time he voluntarily surrendered to the police or outside the context of a formal investigation i repeat jung writes under custodial investigation would not apply on confessions made by an accused at the time he voluntarily surrendered to the police or outside the context of a formal investigation if that person would be confessing voluntarily upon [Music] [Music] there was a voluntary surrender there was even a voluntary confession that person was not even being asked by your police officers so in such cases or unavailable young rights under custodial investigation anyway don't worry because it may safeguard them extra judicial confessions an extra judicial confession guys would be a confession made outside judicial proceedings okay it is made outside judicial proceedings that person would still be asked to confess in writing with the assistance of your counsel okay some of the formalization still on that disqualification or that unavailability indeed in those are available if the confession was made outside the context of a formal investigation next statements made to private persons you have the right to remain silent you just shut up i said the more you talk the more possibility available if you are going to make a confession or if you would be giving statements to a private person private person lawyer okay you were not assisted by council that statement now would be admissible young statement hindi mahogany under custodial investigation statement to a private person take note right under custodial investigation partner bill of rights meaning you can only use it against the government parang situation that was actually an apple case what happened there he kept on talking he kept on talking he allowed himself to be interviewed by the mass media okay slip of the tongue he said something about his involvement in the crime information okay he was talking with the mass medja now later on take note you gave the statement to mass media mass media would be regarded as private persons so in such cases under custodial investigation it is unavailable okay so that would be your instances when your rights under custodial investigation are unavailable the right to remain silent anything you say may or would be used against you in a court of law number two you have the right to counsel preferably of your own choice if you do not have any we would provide you with one number three you have the right to what you have the right to be informed of this rights miranda rights right take note miranda would still form part of your rights under custody the third one is non-weavable the right to be informed of your rights cannot be with ebik sabihin kayasa cannot be made okay the very reason why your law enforcers are required to recite the three miranda rights is because every person or every suspect has the right to be informed of his rights and human rights may inform saganya the right to remain silent their right to council and the right to be informed of his rights can you leave your right to counsel yes can you wave your right to remain silent yes okay you can never weave your right to be informed of your rights let's talk about your reverse waiver weaver is a voluntary abandonment or relinquishment of a right i repeat what is waiver waiver is the voluntary abandonment or relinquishment of a right so pagina the right to remain silent and the right to counsel right on hindi mo padding iweave you cannot wait the right to be informed of your rights in this operating wave now oh ooh paddy monkey wave jung right small to remain silent tapas right to council in order for your waiver to be valid satisfy moyung requisites what's the first requirement your waiver must be made must be made voluntarily knowingly and intelligently i repeat it must be made voluntarily knowingly and intelligently when you say voluntarily intelligently you understand its consequences okay voluntarily knowingly and intelligently you need to make sure that said waiver is in writing in writing so that you would have evidence right so it must be in writing tapo is very important the waiver must be with the presence of counsel right to counsel to witness your waiver naga going more or to assist you in said weaver so i repeat for the last time huh how would you do a waiver number one it must be done voluntarily knowingly and intelligently number two it should be done in writing and number three a very important one it should be done in the presence of town sin so pag hindi are still inadmissible and take note it is the responsibility of your law enforcers to assure that the waiver is valid rights except for your right to be informed of your rights you can wave your right to be or you can wave your right to remain silent you can waive your right to counsel but never your right to be informed of said writes okay now so let's go back to your miranda rights you have the right to remain silent anything you say may or would be used against you in any court of law number two you have the right to counsel preferably of your own choice if you do not have any we would provide you with one number three you have the right to be informed of this writes miranda rights no this rights were introduced by virtue of the case of miranda versus arizona miranda take note whenever a person is to be arrested the arresting officer is mandated by law to recite the miranda rights of that person if the miranda rights of the person is not recited what would happen said arrest is considered as invalid the invalid the court would not be able to obtain jurisdiction over the person of the accused clj1 right there are two ways in order to have jurisdiction over the person of the accused number one is voluntary surrender and number two is valid arrest if you do not recite the miranda rights there is an invalid arrest therefore walang jurisdiction over the person of thee accused anyway if you are going to recite the miranda rights of the person you need to recite it in a manner and in a language understood by the person being taken into custody one of the requirements would be what you call your residency of performing your police functions right residency requirement unlike the samantha regional offices later on or better divas generally speaking [Music] there are certain places just like metro manila nawalang residency requirement the continent residency requirement is for familiarization just like in this case you need to recite the miranda rights what if you do not even know language and then it is actually translated in different languages it would be easy for them to recite the miranda rights okay so by virtue of the mahine case you now have the introduction of the mahinai doctrine under the mahini doctrine what now happened you now have the introduction of what you now call as your expanded miranda doctrine under the expanded miranda doctrine young dating that long miranda [Music] i won't discuss it i won't mention it it was an assigned case okay next you also have your rights under custodial investigation provided under ra9372 so under ra9372 particularly section 21 dunya under custodial investigation of a person arrested for terror this uh terrorism or maybe a person who is a suspected terrorist so anonymous investigation of a person suspected of terrorism okay