What is the Republic Act 7438?
Republic Act 7438 defines certain rights of the person arrested, detained, or under custodial investigation. Which serves as additional safeguards for persons who are under arrest. This Republic Act is a support to the provisions of our Constitution as previously said in lesson Legal Basis of Arrest.
What are the rights of a person under custodial investigation 4?
(a)Any person under investigation for the commission of an offense shall have the right to be informed of his rights to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one.
What is custodial investigation?
Custodial Investigation is any questioning by law enforcement after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. It refers to the investigation conducted by law enforcement immediately after arrest for the commission of an offense.
What is the importance of RA 7438 in police operation?
7438 provides that a person under custodial investigation shall be allowed visits by or conferences with any member of his immediate family (spouse, fiancé or fiancée, parent or child, sibling, grandparent or grandchild, aunt or uncle, niece or nephew, guardian or ward), or by counsel, or by any national non- …
Which right is violated by wiretapping?
Right to Privacy
Right to Privacy Nonetheless, it is generally regarded as an act or activity that is proscribed or restricted by law. Such a conception is derived from the express recognition of “the privacy of communication and correspondence” in the Bill of Rights or Article III of the 1987 Philippine Constitution.
What are the duties of police officer under RA 7438 custodial investigation?
On April 27, 1992, Republic Act No. 7438, otherwise known as “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”, was enacted into law.
Who introduced the Republic Act 7438?
7438. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Statement of Policy.
What are the rights of the persons under custodial investigation under Republic Act No 7438?
Can I sue someone for recording me without my permission Philippines?
Finally, it is settled in Philippine law and jurisprudence that due to the inherent illegality of a video or audio recording, done without the consent of both parties to the conversation, the recorded conversation cannot be used in any proceeding, used by either party against the other, nor can be the basis of any case …
Is wiretapping legal in the Philippines?
Republic Act No. 4200. AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND FOR OTHER PURPOSES.
How does RA 7438 connect to criminal investigation?
7438, otherwise known as “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”, was enacted into law.
What are the requirements in order that an admission of guilt of an accused during custodial investigation be admitted in evidence?
The Court has consistently held that an extrajudicial confession, to be admissible, must satisfy the following requirements: “(1) the confession must be voluntary; (2) it must be made with the assistance of a competent and independent counsel, preferably of the confessant’s choice; (3) it must be express; and (4) it …
What is the punishment for wiretapping?
Direct participants to the wiretapping and anyone who aids, permits, or causes the violation are, upon conviction, punished by imprisonment of not less than six months or more than six years.
What are the salient points of RA 7438?
What if someone takes a picture of you without your permission?
If you see someone taking your photo without your permission, it’s your right to ask him or her to stop. If you’re undressed and someone is taking your photo, put in a call to the police. Not only are you making sure your rights are intact, you’re also making the dressing room a little safer for the rest of the world.
Can anyone take a video of you?
Generally speaking, though, when you are in public, it is legal to record someone, video record or audio record, as long as they don’t have what is called, “an expectation of privacy,” or rather a reasonable expectation of privacy.
Is it illegal to post a video of someone without their permission?
Introduction. If you discover that someone posted either photos or videos of you or your family on a social media site without your permission, the first thing to know is that it is illegal. Keep in mind that every platform has a different privacy policy, so the individual that posts may think they did nothing wrong.