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Constitutional Rights During Arrest

The document contains a series of questions (Q.) asked of a witness regarding the process of informing a suspect of their constitutional rights during arrest and custodial investigation. Specifically: 1) The witness was asked if the suspect was informed of the reason for their arrest and shown an arrest warrant when arrested. 2) The witness was asked if the suspect was informed of their right to remain silent and warned that any statement could be used against them when arrested. 3) The witness was asked if the suspect was informed of their right to legal counsel and to have counsel present during custodial investigation.

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Jun Bill Cercado
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60 views2 pages

Constitutional Rights During Arrest

The document contains a series of questions (Q.) asked of a witness regarding the process of informing a suspect of their constitutional rights during arrest and custodial investigation. Specifically: 1) The witness was asked if the suspect was informed of the reason for their arrest and shown an arrest warrant when arrested. 2) The witness was asked if the suspect was informed of their right to remain silent and warned that any statement could be used against them when arrested. 3) The witness was asked if the suspect was informed of their right to legal counsel and to have counsel present during custodial investigation.

Uploaded by

Jun Bill Cercado
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Q.

And when this question and answer period started, what was the first thing that you did as assisting
lawyer to the accused?

Q. Where you able to explain to him his right, under the constitution?

Q. That he has the right to remain silent. That he has the right of a counsel of his own choice and that if
he has no counsel a lawyer will be appointed to him and that he has the right to refuse to answer any
question that would incriminate him.

Q. Do you recall whether this constitutional right enumerated by you were reduced in writing?

Q. Were there rights explained to him one by one by Police Officer Alabastro?

Q. Do you recall after reducing into writing this constitutional right of the accused whether you asked
him to sign to acknowledge or to conform?

Q. were you present when the accused signed to acknowledge his constitutional rights which was
reduced in writing?

Q. Were these two signatures signed in your presence?

Q. Were these the signature of Larry Mahinay?

Q. After you said that you apprised the accused of his constitutional right explaining to him in Filipino, in
local dialect, did the accused respond that he understood what you explained?

Q. did you ask him of his educational attainment

Q. when he said and replied in the affirmative (opo), did the questioning started?

Q. I noticed in this Exhibit A that there is also a waiver of rights, were you present also when he signed
this waiver?

Q. Did you explain to him the meaning of this waiver?

Q. Was it explained in Filipino?

Q.

Q.

Q.

Q.

Q.

During Arrest:

1. Q. when the accused was arrested, was he informed of the reason for his arrest?
2. Q. Were you able to show him a warrant of arrest?
a. Q. When you informed him, was it explained in Filipino?
b. Q. did the accused understand your explanation?
3. Q. when he was arrested, did you inform him that he has the right to remain silent
a. Were you able to warn him that any statement he makes may be used as evidence
against him?

During Custodial Investigation:

4. Q. were you able to inform the accused that he has the right to be assisted at all times by a
competent lawyer, preferably of his own choice,
a. Did he understand that if he has no lawyer and cannot afford one, one will be provided
for him, either by any person in his behalf or by appointment of the court?
5. Q. Did you inform the accused that custodial investigation may only be conducted in the
presence of his counsel or after a valid waiver?
6. Q. Was the accused informed of his right to communication specifically with lawyer or any
immediate family?
a. Were you aware that it is your responsibility as an officer to ensure that the accused be
appraised of his right to communication?
7. Q. Was he informed that he has the right to waive any of the said rights?
a. Q. was the waiver made voluntarily, knowingly and intelligently by him?
b. Q. Was he informed of the consequences of such waiver?
8. Q. when he waived his right to a lawyer, was it in writing?
a. Q. was it done in the presence of a lawyer?
b. Q. was he informed that the waiver is void if it was not in writing and done in the
absence of a lawyer?
9. Q. was the accused informed that in any stage of the process he may indicate that he no longer
wish to be questioned or to stop the interrogation?
10. Q. was he informed that his initial waiver of his rights does not bar him from invoking it at any
time during the process?
11. Q. was he informed that any statement or evidence in violation of his rights shall be inadmissible
in evidence?

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