What is the Miranda Doctrine?

May 13, 2013
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The Miranda Doctrine or the Miranda Warning provides that:

1. A person in custody must be informed at the outset in clear and unequivocal terms that he has the right to remain silent and that anything he says can and will be used against him in a court of law;

2. He or she has the right to consult with a lawyer and to have a lawyer with him during the interrogation;

3. If he cannot afford a lawyer, like if he is an indigent, a lawyer shall be appointed by the State to represent him;

4. His right to counsel is available at any stage of the interrogation, hence, even if he consents to answer questions without the assistance of counsel, the moment he asks for a lawyer at any point of the investigation, the interrogation must cease until an attorney is present.

If the above are not observed, the evidence obtained therefrom shall not be admissible in court.

Arresting officers are required to “Mirandize” persons who are taken into police custody and are subjected to a process of interrogation. The warning may be provided in English or in Filipino (Tagalog). Below is the Filipino Version:

“May karapatan kang manahimik;

Ano mang sasabihin mo ay maaring gamitin laban sa iyo sa loob ng hukuman;

May karapatan kang kumuha at pumili  ng sarili mong abogado;

Kung hindi mo kayang kumuha ng abogado, ang korte ang kukuha ng abogado para sa iyo.”

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3 comments

  1. Diavolo Rosso
    |

    The arresting officer must use the Mahinay doctrine (People vs Mahinay, G.R. No. 122485. February 1, 1999) not the Miranda……

    "In order to ensure that the evidence against and accused were obtained through lawful means, the Court, as guardian of the rights of the people lays down the procedure, guidelines and duties which the arresting, detaining, inviting, or investigating officer or his companions must do and observe at the time of making an arrest and again at and during the time of the custodial interrogation in accordance with the Constitution, jurisprudence and Republic Act No. 7438. It is high-time to educate our law-enforcement agencies who neglect either by ignorance or indifference the so-called Miranda rights which had become insufficient and which the Court must update in the light of new legal developments":

    1. The person arrested, detained, invited or under custodial investigation must be informed in a language known to and understood by him of the reason for the arrest and he must be shown the warrant of arrest, if any; Every other warnings, information or communication must be in a language known to and understood by said person;.

    2. He must be warned that he has a right to remain silent and that any statement he makes may be used as evidence against him;.

    3. He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice;.

    4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him; and that a lawyer may also be engaged by any person in his behalf, or may be appointed by the court upon petition of the person arrested or one acting in his behalf;.

    5. That whether or not the person arrested has a lawyer, he must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made;.

    6. The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means – telephone, radio, letter or messenger – with his lawyer (either retained or appointed), any member of his immediate family, or any medical doctor, priest or minister chosen by him or by any one from his immediate family or by his counsel, or be visited by/confer with duly accredited national or international non-government organization. It shall be the responsibility of the officer to ensure that this is accomplished;.

    7. He must be informed that he has the right to waive any of said rights provided it is made voluntarily, knowingly and intelligently and ensure that he understood the same;.

    8. In addition, if the person arrested waives his right to a lawyer, he must be informed that it must be done in writing AND in the presence of counsel, otherwise, he must be warned that the waiver is void even if he insist on his waiver and chooses to speak;.

    9. That the person arrested must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned with warning that once he makes such indication, the police may not interrogate him if the same had not yet commenced, or the interrogation must ceased if it has already begun;.

    10. The person arrested must be informed that his initial waiver of his right to remain silent, the right to counsel or any of his rights does not bar him from invoking it at any time during the process, regardless of whether he may have answered some questions or volunteered some statements;.

    11. He must also be informed that any statement or evidence, as the case may be, obtained in violation of any of the foregoing, whether inculpatory or exculpatory, in whole or in part, shall be inadmissible in evidence.

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