This case has been cited 4 times or more.
|
2015-09-09 |
LEONARDO-DE CASTRO, J. |
||||
| The "investigation" in Section 12, paragraph 1, Article III of the 1987 Constitution pertains to "custodial investigation." Custodial investigation commences when a person is taken into custody and is singled out as a suspect in the commission of a crime under investigation and the police officers begin to ask questions on the suspect's participation therein and which tend to elicit an admission.[14] As we expounded in People v. Marra[15]:Custodial investigation involves any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. It is only after the investigation ceases to be a general inquiry into an unsolved crime and begins to focus on a particular suspect, the suspect is taken into custody, and the police carries out a process of interrogations that lends itself to eliciting incriminating statements that the rule begins to operate. (Citation omitted.) | |||||
|
2015-06-17 |
BERSAMIN, J. |
||||
| According to People v. Marra,[14] 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. The safeguards during custodial investigation begin to operate as soon as the investigation ceases to be a general inquiry into a still unsolved crime, and the interrogation is then focused on a particular suspect who has been taken into custody and to whom the police would then direct interrogatory questions that tend to elicit incriminating statements. The situation contemplated is more precisely described as one where – | |||||
|
2014-10-22 |
BRION, J. |
||||
| In People v. Marra,[22] we held that 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. The rule on custodial investigation begins to operate as soon as the investigation ceases to be a general inquiry into an unsolved crime and the interrogation is then aimed on a particular suspect who has been taken into custody and to whom the police would then direct interrogatory questions that tend to elicit incriminating statements. The situation contemplated is more precisely described as one where | |||||
|
2008-06-25 |
VELASCO JR., J. |
||||
| Custodial investigation involves any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. It is only after the investigation ceases to be a general inquiry into an unsolved crime and begins to focus on a particular suspect, the suspect is taken into custody, and the police carries out a process of interrogations that lend itself to eliciting incriminating statements, that the rule begins to operate.[10] Republic Act No. (RA) 7438[11] has extended this constitutional guarantee to situations in which an individual has not been formally arrested but has merely been "invited" for questioning.[12] Specifically, Sec. 2 of RA 7438 provides that "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 x x x." | |||||