With the Philippines’ current extensive pro-military government, there may come a time when a cop can pull you over or stop you from going about your activities under the suspicion that you are commiting a crime. Especially during times of emergency, such as the recently announced enhanced community quarantine and state of calamity, authorities are more likely to apprehend a person due to higher security concerns.
When this happens, it is of utmost importance that you exercise your rights when placed under the circumstance of arrest or detainment.
Under Article III, Section 12 of the 1987 Constitution, any person under investigation of a crime shall “have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice.”
Primary rights
First and foremost, the person under arrest must be confident and assertive of their rights. As they converse with the officer, they must show awareness and adamance on their knowledge, while not being disrespectful or rude. Remember to ask for the name, rank and position of the officer that arrested you.
The person under arrest is entitled to call or communicate with a relative, a lawyer, and in the case of not having any of the aforementioned, a human rights organization such as Karapatan, an organization dedicated to the promotion of human rights, and the Philippine Alliance of Human Rights Advocates (PAHRA). You have the right to refuse a lawyer referred to you by the police. You have the right to demand this from the captors.
The captors must inform you that you have the right to remain silent and to have a lawyer of your own choice, also known as the Miranda rights, a notification recited by the police to criminal suspects. If they do not inform you with this, you have the right to demand so.
Right to refuse
When interrogated, you have the right to refuse to answer the questions. Demand that you must first consult with a lawyer to arrange a date, time and place for questioning. Once given a lawyer, you can confer with them at all times. Conferences and visitations by any family member, doctor, priest or minister, human rights organization, or international non-governmental organizations are also mandated by the Constitution.
Most importantly, remember that no matter how adamant the officer can be, you have the right to refuse signing any written confession without the assistance of a lawyer, have your picture and fingerprints taken, be subjected to a body search, and other acts that show the intention of incriminating you.
Upon detainment
A person can only be brought into detainment without a warrant of arrest if they are caught in the act of committing said crime, when the offense has just been committed and the arresting officer has probable cause, and when the person escaped prison or detention.
In case of detainment, a person arrested without a warrant can only stay in the precinct for 12 hours if they caused light offenses, 18 hours for less grave offenses, and 36 hours for grave offenses. Any more and the detainment is considered illegal and the person is entitled to immediate release.
During the detention, the person arrested must be treated fairly and like a human being, wherein they are given adequate food, clothing, medicine, and reading or writing materials. They must be kept separate from actual convicts serving a sentence. The person is allowed visits from family, friends and lawyers.
Due process including being informed of any written regulations happening around the case must be provided. A speedy, impartial, and public trial must be implemented as provided by the Constitution.
In case of arrest, you may contact Karapatan at 0999-651-9238, Free Legal Assistance Group at +63 2 8920 5132, or the PAHRA at (02) 3436 2633.
Header photo by Bill Oxford on Unsplash
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Writer: THEA TORRES
