RA 7438 _ 8493

Republic of the PhilippinesCongress of the Philippines Metro Manila Eighth Congress Republic Act No. 7438 April 27, 1992 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 Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every human being and guarantee full respect for human rights. Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers. – (a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel. (b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates any person for the commission of an offense shall inform the latter, in a language known to and understood by him, of his rights to remain silent and to have competent and independent counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under custodial investigation. If such person cannot afford the services of his own counsel, he must be provided with a competent and independent counsel by the investigating officer.lawphi1Ÿ (c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that before such report is signed, or thumbmarked if the person arrested or detained does not know how to read and write, it shall be read and adequately explained to him by his counsel or by the assisting counsel provided by the investigating officer in the language or dialect known to such arrested or detained person, otherwise, such investigation report shall be null and void and of no effect whatsoever. (d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in writing and signed by such person in the presence of his counsel or in the latter's absence, upon a valid waiver, and in the presence of any of the parents, grandparent or grandchild. Section 3. otherwise the waiver shall be null and void and of no effect. such extrajudicial confession shall be inadmissible as evidence in any proceeding.lawphi1©alf (b) The amount of Two hundred fifty pesos (P250. no custodial investigation shall be conducted and the suspected person can only be detained by the investigating officer in accordance with the provisions of Article 125 of the Revised Penal Code. otherwise. provided that if the municipality of city cannot pay such fee. district school supervisor. That the Municipal or City Treasurer must certify that no funds are available to pay the fees of assisting counsel before the province pays said fees. As used in this Act. fiancé or fiancée. . the municipal mayor. – Assisting counsel is any lawyer. the municipal judge. In the absence of any lawyer. "custodial investigation" shall include the practice of issuing an "invitation" to a person who is investigated in connection with an offense he is suspected to have committed. The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation is conducted. shall be in writing and signed by such person in the presence of his counsel. nephew or niece. (f) Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any member of his immediate family. and guardian or ward. parent or child.00) if the suspected person is chargeable with light felonies. brother or sister. or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel. the province comprising such municipality or city shall pay the fee: Provided. The person's "immediate family" shall include his or her spouse. The assisting counsel other than the government lawyers shall be entitled to the following fees. or priest or minister of the gospel as chosen by him. those charged with conducting preliminary investigation or those charged with the prosecution of crimes. except those directly affected by the case. elder brothers and sisters. his spouse. (a) The amount of One hundred fifty pesos (P150. (c) The amount of Three hundred fifty pesos (P350. without prejudice to the liability of the "inviting" officer for any violation of law. (e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code. uncle or aunt.00) if the suspected person is chargeable with less grave or grave felonies. Assisting Counsel. or under custodial investigation.00) if the suspected person is chargeable with a capital offense. or by any national non-governmental organization duly accredited by the Commission on Human Rights of by any international non-governmental organization duly accredited by the Office of the President. Approved: April 27. or parts thereof inconsistent with the provisions of this Act are repealed or modified accordingly. 1992. Repealing Clause. The same penalties shall be imposed upon a public officer or employee. detained or under custodial investigation for the commission of an offense if the latter cannot afford the services of his own counsel. executive orders or rules and regulations. or from ministering to his spiritual needs.Section 4. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in any daily newspapers of general circulation in the Philippines. Other laws. or anyone acting upon orders of such investigating officer or in his place. Section 5. – Republic Act No. Penalty Clause. at any hour of the day or. detained or under custodial investigation of his right to remain silent and to have competent and independent counsel preferably of his own choice.000. as amended. prevents or prohibits any lawyer. of the night shall suffer the penalty of imprisonment of not less than four (4) years nor more than six (6) years.00) or a penalty of imprisonment of not less than eight (8) years but not more than ten (10) years. or any investigating officer. and a fine of four thousand pesos (P4. No. is hereby repealed. from visiting and conferring privately with him.00). who fails to inform any person arrested. any member of the immediate family of a person arrested. in urgent cases. any security officer with custodial responsibility over any detainee or prisoner may undertake such reasonable measures as may be necessary to secure his safety and prevent his escape. or both.lawphi1© The provisions of the above Section notwithstanding. The penalty of perpetual absolute disqualification shall also be imposed upon the investigating officer who has been previously convicted of a similar offense. detained or under custodial investigation.lawphi1Ÿ Republic of the Philippines Congress of the Philippines Metro Manila . who fails to provide a competent and independent counsel to a person arrested. (b) Any person who obstructs. Section 6.000. or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel. 857. – (a) Any arresting public officer or employee. presidential decrees. or from examining and treating him. shall suffer a fine of Six thousand pesos (P6. order a pre-trial conference to consider the following: (a) Plea bargaining.After the pre-trial conference. That the agreement on the plea of the accused to a lesser offense may only be revised. Such order shall bind the parties. Municipal Circuit Trial Court. after arraignment. 1998 AN ACT TO ENSURE A SPEEDY TRIAL OF ALL CRIMINAL CASES BEFORE THE SANDIGANBAYAN. Title.In all cases cognizable by the Municipal Trial Court.All agreements or admissions made or entered into during the pre-trial conference shall be reduced to writing and signed by the accused and counsel. otherwise the same shall not be used in evidence against the accused. and (e) Such other matters as will promote a fair and expeditious trial. AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: Section 1. and the Sandiganbayan. or annulled by the court when the same is contrary to law. . 8493 February 12. Section 3.Where counsel for the accused or the prosecutor does not appear at the pre-trial conference and does not offer an acceptable excuse for his/her lack of cooperation. AND MUNICIPAL CIRCUIT TRIAL COURT.This Act shall be known as the "Speedy Trial Act of 1998. the facts stipulated. . Section 4. Tenth Congress Republic Act No. Regional Trial Court. . REGIONAL TRIAL COURT. (d) Waiver of objections to admissibility of evidence. . . Pre-Trial Agreement. or public policy. and evidence marked. MUNICIPAL TRIAL COURT. METROPOLITAN TRIAL COURT. . (c) Marking for identification of evidence of parties. Nonappearance at Pre-Trial Conference. the pre-trial justice or judge may impose proper sanctions or penalties. the court shall issue an order reciting the actions taken. Pre-Trial Order. public morals. the justice or judge shall. (b) Stipulation of Facts. modified. Mandatory Pre-Trial in Criminal Cases. The agreements in relation to matters referred to in Section 2 hereof is subject to the approval of the court: Provided. Section 5." Section 2. Metropolitan Trial Court. APPROPRIATING FUNDS THEREFOR. If the accused pleads not guilty to the crime charged. Time Limit Following an Order for New Trial.In criminal cases involving persons charged of a crime. A negative defense shall require the prosecution to prove the guilt of the accused beyond reasonable doubt. . Trial shall commence within thirty (30) days from arraignment as fixed by the court. the accused shall have at least fifteen (15) days to prepare for trial.00) or both. . For the second twelve-month period the time limit shall be one hundred twenty (120) days. Section 8.The arraignment of an accused shall be held within thirty (30) days from the filing of the information. whichever date last occurs. Time Limit for Trial. and for the third twelve-month period the time limit with respect to the period from arraignment to trial shall be eighty (80) days. Section 7. Section 9. except that the court retrying the case may extend such period but in any case shall not exceed one hundred eighty (180) days from the date the order for a new trial becomes final if unavailability of witnesses or other factors resulting from passage of time shall make trial within thirty (30) days impractical. In no case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial. the trial shall commence within thirty (30) days from the date the order for a new trial becomes final. for the first twelve-calendar-month period following its effectivity. or where the penalty prescribed by law does not exceed six (6) months imprisonment. except as otherwise authorized by the Chief Justice of the Supreme Court pursuant to Section 3. .000. judge or court in which the charge is pending. set the case for continuous trial on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial.The following periods of delay shall be excluded in computing the time within which trial must commence: (a) Any period of delay resulting from other proceedings concerning the accused. Section 10.Notwithstanding the provisions of Section 7 of this Act. where a plea of not guilty is entered. after consultation with the public prosecutor and the counsel for the accused. Time Limit Between Filing of Information and Arraignment and Between Arraignment and Trial. the justice or judge shall. while an affirmative defense may modify the order of trial and require the accused to prove such defense by clear and convincing evidence. Section 6.limit the trial to matters not disposed of and control the course of action during the trial. he/she shall state whether he/she interposes a negative or affirmative defense. irrespective of other imposable penalties. unless modified by the court to prevent manifest injustice. the time limit with respect to the period from arraignment to trial imposed by Section 7 of this Act shall be one hundred eighty (180) days.If the accused is to be tried again following an order of a court for a new trial. . Exclusions. except those subject to the Rules on Summary Procedure. or a fine of One thousand pesos (P1. . Rule 22 of the Rules of Court. Thereafter. including but not limited to the following: . Extended Time Limit. or from the date the accused has appeared before the justice. an accused or an essential witness shall be considered absent when his/her whereabouts are unknown and. (4) delay resulting from hearings on pre-trial motions: Provided. not to exceed thirty (30) days. (d) If the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the same offense. (2) delay resulting from trials with respect to charges against the accused. That the delay does not exceed thirty (30) days. (5) delay resulting from orders of inhibition. or any offense required to be joined with that offense. (e) A reasonable period of delay when the accused is joined for trial with a co-accused over whom the court has not acquired jurisdiction. (6) delay resulting from a finding of the existence of a valid prejudicial question. (b) Any period of delay resulting from the absence or unavailability of the accused or an essential witness. (c) Any period of delay resulting from the fact that the accused is mentally incompetent or physically unable to stand trial. in addition. For purposes of this subparagraph. any period of delay from the date the charge was dismissed to the date the time limitation would commence to run as to the subsequent charge had there been no previous charge. and hearing on his/her mental competency. or physical incapacity. or proceedings relating to change of venue of cases or transfer from other courts. if the justice or judge granted such continuance on the basis of his/her . (1) delay resulting from an examination of the accused. (f) Any period of delay resulting from a continuance granted by any justice or judge motu propio or on motion of the accused or his/her counsel or at the request of the public prosecutor. (3) delay resulting from interlocutory appeals. and (7) delay reasonably attributable to any period. during which any proceeding concerning the accused is actually under advisement. An accused or an essential witness shall be considered unavailable whenever his/her whereabouts are known but his/her presence for trial cannot be obtained by due diligence or he/she resists appearing at or being returned for trial. or as to whom the time for trial has not run and no motion for severance has been granted. he/she is attempting to avoid apprehension or prosecution or his/her whereabouts cannot be determined by due diligence. No such period of delay resulting from a continuance granted by the court in accordance with this subparagraph shall be excludable under this section unless the court sets forth. findings that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial. or result in a miscarriage of justice.The factors. or cause a notice to be served on the person having custody of the prisoner mandating such person to so advise the prisoner of his/her right to demand trial. (b) Upon receipt of a notice. that it is unreasonable to expect adequate preparation within the periods of time established by this Act. or is serving a term of imprisonment in any penal institution. the person having custody of the prisoner shall promptly advise the prisoner of the charge and of his/her right to demand trial. or lack of diligent preparation or failure to obtain available witnesses on the part of the public prosecutor. Remedy Where Accused is Not Brought to Trial Within the Time Limit. Section 12.If an accused is not brought to trial within the time limit required by Section 7 of this Act as extended . (c) Upon receipt of such notice. either orally or in writing. . If at any time thereafter the prisoner informs the person having custody that he/she demands trial. or is charged of a non-bailable crime. Public Attorney's Duties Where Accused is Imprisoned. the public attorney shall promptly seek to obtain the presence of the prisoner for trial. so unusual and so complex. among others. Section 13. such person shall cause notice to that effect to be sent promptly to the public attorney. due to the number of accused or the nature of the prosecution or otherwise. . Factors for Granting Continuance.If the public attorney knows that a person charged of a crime is preventively detained. in the record of the case. (d) When the person having custody of the prisoner receives from the public attorney a properly supported request for temporary custody of the prisoner for trial. (b) Whether the case taken as a whole is so novel. the public attorney shall promptly: (a) Undertake to obtain the presence of the prisoner for trial. No continuance under subparagraph (f) of Section 10 shall be granted because of general congestion of the court's calendar. which a justice or judge shall consider in determining whether to grant a continuance under subparagraph (f) of Section 10 of this Act are as follows: (a) Whether the failure to grant such a continuance in the proceeding would be likely to make a continuation of such proceeding impossible. . its reasons for finding that the ends of justice served by the granting of such continuance outweigh the best interests of the public and the accused in a speedy trial. Section 11. either because he/she is charged of a bailable crime and has no means to post bail. the prisoner shall be made available to that public attorney. the court shall consider.000. and (3) by denying any defense counsel or public prosecutor the right to practice before the court considering the case for a period not exceeding thirty (30) days.by Section 9. regulations. as follows: (1) in the case of a counsel privately retained in connection with the defense of an accused.In any case in which counsel for the accused. The court shall follow the procedures established in the Rules of Court in punishing any counsel or public prosecutor pursuant to this section. . administrative orders and circulars which shall seek to accelerate the disposition of criminal . Rules and Regulations. The authority to punish provided for by this section shall be in addition to any other authority or power available to the court. the information shall be dismissed on motion of the accused. fifty percent (50%) of the compensation to which he/she is entitled in connection with his/her defense of the accused. or (d) otherwise willfully fails to proceed to trial without justification consistent with the provisions of this Act. Sanctions. punish any such counsel or attorney. Section 14. and the impact of a reprosecution on the implementation of this Act and on the administration of justice. without prejudice to any appropriate criminal and/or administrative charges to be instituted by the proper party against the erring counsel if and when warranted.00). among other factors. Failure of the accused to move for dismissal prior to trial or entry of a plea of guilty shall constitute a waiver of the right to dismissal under this section.The Supreme Court shall promulgate rules. (2) by imposing on any appointed counsel de officio or public prosecutor a fine not exceeding Ten thousand pesos (10. the facts and circumstances of the case which led to the dismissal. the seriousness of the offense. In determining whether to dismiss the case with or without prejudice. . by imposing a fine not exceeding. the public prosecution or public attorney: (a) knowingly allows the case to be set for trial without disclosing the fact that a necessary witness would be unavailable for trial. (b) files a motion solely for the purpose of delay which he/she knows is totally frivolous and without merit. Section 15. the court may. The accused shall have the burden of proof of supporting such motion but the prosecution shall have the burden of going forward with the evidence in connection with the exclusion of time under Section 10 of this Act. (c) makes a statement for the purpose of obtaining continuance which he/she knows to be false and which is material to the granting of a continuance. regulations. the amount of Twenty million pesos (P20. . Effectivity. Approved: February 12. 1998 . such additional amounts as may be necessary for its continued implementation shall be included in the annual General Appropriations Act. regulations. rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. administrative orders and circulars formulated shall provide sanctions against justices and judges who willfully fail to proceed to trial without justification consistent with the provisions of this Act.No provision of this Act shall be interpreted as a bar to any claim of denial of speedy trial as required by Article III.For the effective implementation of the rules. the other provisions shall remain in effect.000. executive orders. administrative orders and circulars promulgated under this Act. Section 18. The rules. Separability Clause. Act Not a Bar to Speedy Trial Claim Under the Constitution. . That Section 7 of this Act shall become effective after the expiration of the aforementioned third- calendar-month period provided in Section 9 of this Act. .All laws.cases. Section 19. Thereafter. Section 14(2) of the 1987 Constitution. Section 17. Funding. Repealing Clause. .This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in any newspaper of general circulation: Provided. .00) annually shall be appropriated from the allocation of the Supreme Court under the General Appropriations Act.In case any provision of this Act is declared unconstitutional.000. presidential decrees. Section 20. Section 16.