Sunday, 06 March 2011 19:19
“You have the right to remain silent and anything you say will be used against you in court. You have the right to consult with an attorney and to have that attorney present during questioning, and if you are indigent, an attorney will be provided at no cost to represent you.”
This in essence is the “Miranda Doctrine” which elements of the Philippine National Police (PNP) are using whenever they make arrests.
Senior Supt. Jesse Perez, PNP-Human Rights Affairs Office (HRAO) head, assured on Friday the public, and human rights advocates as well, that police operatives are reciting the “Miranda Doctrine” when making arrests against lawless elements, especially those caught in the act of committing a crime.
Perez said the “Miranda Doctrine” is part of the basic training and knowledge on police investigation which PNP chief Director General Raul Bacalzo has been pushing for “back to basics” programs to ensure that all the 135,000 policemen nationwide have enough skills.
The PNP official was one of the guests in the weekly Communication and News Exchange (CNEX) Forum on Friday at the Philippine Information Agency (PIA) Bldg. in Quezon City.
Also appearing in the weekly forum are PIA Planning and Research Director Betty Lou Peñera, Commission on Human Rights (CHR) Human Right Education and Research Office (HRERO) Director Elzy Ofreneo, PNP-HRAO non-uniformed personnel (NUP) Marieper Mapanao and Rosario Garcia of Economic Social Civil Rights-Asia.
CNEX Forum is a weekly briefing and discussion with government media sponsored by the PIA in cooperation with the Presidential Communications Operations Office (PCOO).
Perez said the “Miranda Doctrine” requires police officers to inform a suspect being arrested of his right to remain silent and the right to have a lawyer, among others.
The concept of "Miranda Rights" was enshrined in United States law following the 1966 Miranda v. Arizona Supreme Court decision, which found that the Fifth Amendment and Sixth Amendment rights of Ernesto Arturo Miranda had been violated during his arrest and trial for rape and kidnapping. (Miranda was subsequently retried).
Ernesto Arturo Miranda (March 9, 1941 – January 31, 1976) was a laborer whose conviction on kidnapping, rape, and armed robbery charges based on his confession under police interrogation resulted in the landmark U.S. Supreme Court case (Miranda v. Arizona).
In that case, the court ruled that criminal suspects must be informed of their right against self-incrimination and their right to consult with an attorney prior to questioning by police. This is known as the Miranda Warning.
After the Supreme Court decision set aside Miranda's initial conviction, the state of Arizona retried him. At the second trial, with his confession excluded from evidence, he was again convicted, and he spent 11 years in prison.
Perez said the PNP has rules in arresting that oblige the officer to give the Miranda Warning. The following Tagalog phrases are near-direct translations of the English version:
"Ikaw ay may karápatang manahímik." ("You have the right to be silent.") "Ang iyong mga sasabíhin ay maaáring gamitin bílang patunay lában sa iyo sa kórte." ("The things you will say may be used as evidence against you in court.") “Ikaw ay may karápatang kumuhâ ng isáng abogádo. Kung ikaw ay hindî makakuhâ ng abogádo, ang kórte ang magtatakdâ para sa iyo." ("You have the right to obtain a lawyer. If you cannot obtain a lawyer, the court [shall be the one to] appoint [one] for you.") (PNA)
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