Rights of a person arrested, detained, or under custodial investigation; Extrajudicial confession
TIME STAMPS: 00:00 00:17 What is the scope of RA 7438? 01:28 When is a person deemed to be under custodial investigation? 06:24 Section 12, Article 3, 1987 Constitution 07:14 What is custodial investigation? 09:59 The Miranda rights 11:28 The land mark U.S. case of Miranda vs. Arizona 13:33 People v. Andan, 336 Phil 91 15:14 What are the rights of a person arrested, detained or under custodial investigation? (1) right at all times to be assisted by counsel (2) the Miranda rights -- 15:54 -right to remain silent/ People v. Caguioa 17:56 -right to have competent and independent counsel preferrably of his own choice/ People v. Mojello 23:29 People v. Rapeza 24:10 People v. Cachuela 24:48 -right to be informed of such rights/ People v. Nicandro 29:18 (3) Right to be assisted by counsel before he is made to sign the custodial investigation report 30:08 (4) Right to be allowed visits by or conferences with any member of his family, etc. 30:50 It is only in custodial investigations where these rights may be invoked/ People v. Gamboa (paraffin tests) 33:40 People v. Rueras (police line-ups) 35:25 Can the Miranda rights be waived? 36:17 Extrajudicial confession; confession v. admission 38:43 What are the requisites of a valid extrajudicial confession? 39:19 People v. Muleta 41:42 Additional requirement to make the extrajudicial confession valid and effective under Section 2(d) of RA 7438 43:06 Summing up the requisites of a valid extrajudicial confession 44:18 What is the effect of the violation of said rights? 45:18 What are the other rights of a person arrested, detained or under custodial investigation aside from those mentioned in RA 7438? 45:55 Are there penal and civil sanctions against law enforcers who violate such rights? 46:03 (1) penal sanctions 49:17 (2) civil sanctions

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