LEGAL PROVISIONS IN CRIMINAL INVESTIGATION

MAPP vs. OHIO (376 vs. 584)

Key Point: The U.S. Supreme Court ruled that evidence obtained illegally
is inadmissible in state criminal prosecutions.
Explanation: This case established the "Doctrine of the Poisonous Tree,"
meaning that evidence gathered through unlawful actions by law
enforcement (like illegal searches) cannot be used in court.
MIRANDA vs. STATE OF ARIZONA
Background: Ernesto Miranda was arrested for kidnapping and rape in
Phoenix, Arizona. After a victim identified him in a lineup, he was
interrogated for two hours. Miranda confessed, both orally and in writing,
to the crime. Despite this confession, the U.S. Supreme Court later
overturned his conviction.
Key Point: The Court ruled that Miranda's rights had been violated,
particularly his right to an attorney and his right against self-
incrimination.
Outcome: This led to the mandatory Miranda Warning, which must be
given to all suspects in custody who are to be questioned by law
enforcement officers.
Miranda Warning includes:
1. The right to remain silent.
2. Anything said can be used against the suspect in court.
3. The right to an attorney during questioning.
4. If the suspect cannot afford an attorney, one will be provided.

Legal Requirements of Criminal Investigation

 1. Legal: The investigation must strictly follow the law.
 2. Thorough: The investigation should be as detailed and complete as
possible.

Basic Legal Parameters in Criminal Investigation Process

This section introduces the key principles governing criminal investigations,
explaining their importance and to whom they apply.
Duty to investigate: Authorities must investigate potential crimes.
Arrest and detention of a suspect: There are legal guidelines for how
suspects are arrested and held.
Due process: Suspects are entitled to fair treatment under the law.
 Rights of the persons involved: Both suspects and victims have legal
rights.
Probable cause: There must be reasonable grounds for suspecting
someone of a crime.
Burden of proof: It's the prosecution's responsibility to prove the
suspect's guilt.
Proof beyond a reasonable doubt: The standard that must be met for
a criminal conviction.

The Right of a Person Under Investigation in the Philippine Setting

1973 Philippine Constitution, Art. III, Section 20
Key Point: No person can be forced to testify against themselves.
Explanation: If someone is under investigation for a crime, they have the
right to remain silent and to have legal counsel. They must also be
informed of these rights. No force, threats, or intimidation can be used to
extract confessions. Any confession obtained under such conditions is
inadmissible as evidence.
Important Case Reference (People vs. Duero, 1981): The warning
about the right to remain silent must include an explanation that anything
said can be used in court. This is crucial to ensure the person understands
the consequences of speaking.
1987 Philippine Constitution, Art. III, Section 12 (1)
Key Point: The suspect must be informed of their right to remain silent
and to have competent and independent legal counsel, preferably of their
choice.
Explanation: If the person cannot afford a lawyer, one must be provided.
These rights cannot be waived unless in writing and with the presence of
a lawyer.

Republic Act No. 7438

This law defines the rights of people who are arrested, detained, or under
custodial investigation. It also sets out the duties of law enforcement officers
and the penalties for violating these rights.
1. Information in a language they understand:
o The person must be informed of the reason for their arrest in a
language they know. The arrest warrant (if any) must also be
shown to them.
2. Right to remain silent:
 o They must be told they have the right to remain silent and that
anything they say can be used against them as evidence.
3. Right to legal assistance:
o The person must be informed that they have the right to a
lawyer's presence, preferably one they choose, at all times
during the investigation.
4. Provision of a lawyer if they cannot afford one:
o If the person cannot afford a lawyer, one will be provided. The
lawyer may be appointed by the court, or a relative/friend can
arrange for one.
5. No custodial investigation without a lawyer:
o Even if they don't have a lawyer yet, no investigation can happen
without one, unless the person has validly waived this right.
6. Communication rights:
o The arrested person has the right to communicate with their
lawyer, family members, or a chosen doctor/priest/minister by
the most convenient means (telephone, letter, etc.). It is the
officer’s duty to ensure this happens.
7. Right to waive their rights:
o The person may waive their rights, but only if it is voluntary,
knowing, and intelligent. They must show they understood this,
and the waiver must be in writing and done with their lawyer
present.
8. Invalid waiver if without a lawyer:
o If the person insists on waiving their right to a lawyer, they must
be told the waiver is void unless it is in writing and done with
legal counsel present.
9. Right to stop questioning:
 o At any point, the person can indicate they do not want to be
questioned anymore. If they do so, the interrogation cannot
proceed or must stop immediately if it has already begun.
10. Right to invoke their rights later:
o Even if the person initially waives their rights (to remain silent or
have a lawyer), they can change their mind and invoke these rights
later, at any stage of the investigation.
11. Inadmissibility of evidence:
o Any statement or evidence obtained in violation of these rights will
be inadmissible in court, whether it helps or harms the person’s
case.

Legal Consequences of Violating These Rights:

Inadmissible Evidence:
Any testimony or statement made by the arrested person when their
constitutional rights are violated cannot be used as evidence in court.
Criminal Liability of Investigators:
Investigators who violate these rights can be held criminally liable
under the law.

REPUBLIC ACT NO. 9745 - ANTI TORTURE ACT OF 2009

Types of Torture
(a) Physical Torture
Defined as treatment or punishment by a person in authority (or
their agent) that causes severe pain, exhaustion, disability, or
dysfunction of the body. Examples include:
Systematic Beating: Punching, kicking, headbanging, or striking
with objects like truncheons or rifle butts, jumping on the stomach.
Food Deprivation or Forcible Feeding: Forcing someone to eat
spoiled food, animal/human excreta, or other inedible substances.
Electric Shock: Shocking the body with electrical currents.
Cigarette Burning or Chemical Torture: Burning with cigarettes,
rubbing pepper or chemicals on mucous membranes, or applying
acids/spices to wounds.
Near-Drowning: Submersion of the head in water or contaminated
liquids (excrement, urine, vomit, blood) until near suffocation.
 Stress Positions: Forcing the victim to stay in fixed, stressful
bodily positions for extended periods.
Rape and Sexual Abuse: Including insertion of foreign objects into
genitals or rectum, or electrical torture of genitalia.
Mutilation/Amputation: Removing or mutilating body parts like
the genitalia, ears, tongue, etc.
Dental Torture: Forced extraction of teeth.
Pulling Out Fingernails.
Exposure to Extreme Elements: Prolonged harmful exposure to
sunlight or extreme cold.
Asphyxiation: Use of plastic bags or materials to cover the head,
causing suffocation.
Use of Psychoactive Drugs: Altering the person's mental state or
causing pain through drugs.
(i) Inducing confessions or mental incompetence through
drugs.
(ii) Administering drugs to induce pain or symptoms of illness.
Other Similar Acts of Physical Torture.

(b) Mental/Psychological Torture

Acts by a person in authority intended to confuse, affect the mind, or

undermine a person’s dignity and morale. Examples include:
Blindfolding: Depriving the victim of sight during torture or
interrogation.
Threats: Threatening the victim or their relatives with harm, execution,
or other wrongful acts.
Solitary Confinement or Secret Detention: Isolating the victim in
unknown places.
Prolonged Interrogation: Subjecting the victim to extended
questioning.
Public Humiliation or Show Trials: Displaying the prisoner for public
shame or mockery.
Unscheduled Transfers: Moving the prisoner from place to place,
leading them to believe they will be executed.
Maltreatment of Family Members: Abusing or mistreating the victim’s
family.
Forcing Family Members to Witness Torture: Making the victim’s
family, relatives, or others witness their torture.
Denial of Sleep/Rest: Depriving the victim of basic sleep.
Shame Infliction: Forcing the victim to strip naked, parade in public,
shave their head, or mark their body against their will.
Prohibiting Communication: Deliberately preventing the victim from
contacting family members.
Other Similar Acts of Mental/Psychological Torture.