Question A.4, Political Law, 2019 Bar Exam

Mrs. W supplies the Philippine National Police (PNP) with uniforms every year. Last month, he and two (2) other officers of the PNP conspired to execute a "ghost purchase", covered by five (5) checks amounting to ₱200,000.00 each, or a total of ₱1,000,000.00. An investigating committee within the PNP, which was constituted to look into it, invited Mrs. W, among others, for an inquiry regarding the anomalous transaction. Mrs. W accepted the invitation but during the committee hearing, she stated that she will not answer any question unless she be provided with the assistance of a counsel. The PNP officials denied her request; hence, she no longer participated in the investigation.

(a) What is a custodial investigation? Under the 1987 Constitution, what are the rights of a person during custodial investigation? (3%)

(b) Was the PNP’s denial of Mrs. W’s request violative of her right to counsel in the proceedings conducted before the PNP? Explain.(2%)

Suggested Answer:

(a) Under jurisprudence, custodial investigation involves any questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner. Custodial investigation also refers to the critical pre-trial stage when the investigation ceases to be a general inquiry into an unsolved crime but has begun to focus on a particular person as a suspect.

Under the 1987 Constitution, the following are the rights of a person du...

 



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