Dear Attorney,
I am seeking clarification on the rights that must be informed to a person who is arrested without a warrant. I understand that the Philippine Constitution provides certain protections to individuals in such situations, but I am uncertain about the specifics. Could you kindly explain the rights of an arrested individual, particularly in cases where no warrant is involved? Additionally, what are the responsibilities of the arresting officers in terms of informing the person of these rights?
Sincerely,
Concerned Citizen
Insights:
In the Philippines, the rights of a person arrested without a warrant are rooted in constitutional and legal provisions designed to protect individual freedoms, ensuring that arrests are conducted lawfully and with due respect for human rights. The law provides for specific circumstances where a warrantless arrest can be legally executed. These include arrests of persons caught in flagrante delicto (in the act of committing a crime), arrests of persons who have just committed a crime, and arrests of escapees from custody. However, even in these circumstances, the arresting officers are bound by law to inform the arrested person of their rights.
Under Article III, Section 12 of the 1987 Philippine Constitution, any person under arrest, whether with or without a warrant, must be informed of the following rights:
Right to Remain Silent – The arrested person has the right not to speak or give any statement that may incriminate them. This is crucial in preventing self-incrimination and ensuring that no undue pressure is placed on the person to speak against their will.
Right to Counsel – The individual must be informed of their right to have legal counsel during any investigation or interrogation. This right ensures that the arrested person is given legal representation from the onset of the legal process, regardless of their ability to afford a lawyer. If the person cannot afford one, the government must provide an attorney for them.
Right to be Informed of the Nature and Cause of the Accusation – The person must be informed of why they are being arrested and the specific crime they are being accused of. This right prevents arbitrary detentions and ensures that arrests are based on lawful and justifiable grounds.
Right Against Torture and Coercion – The Constitution explicitly prohibits torture, force, violence, threats, intimidation, and other means that violate a person's dignity and rights during an arrest and investigation.
Failure to inform the arrested person of these rights, especially the right to remain silent and the right to legal counsel, can result in the inadmissibility of any evidence or confessions obtained during the arrest or investigation. The Supreme Court has consistently ruled that confessions made without the benefit of counsel and without informing the person of their rights are considered void and cannot be used in court.
Additionally, while a warrantless arrest may be lawful in specific situations, arresting officers must still follow established procedures, such as immediately bringing the arrested person before a judicial authority to determine the legality of the arrest and any continued detention.
These constitutional safeguards aim to ensure that the rights of individuals are upheld even in situations where arrest without a warrant is permitted by law.