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What is Miranda Rights?
« on: January 20, 2010, 10:55:15 PM »
Any person under investigation for the commission of an offense shall have the right

a. to be informed of his right to remain silent and
b. to have competent and independent counsel preferably of his own choice.
c. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

Authoritative interpretations of the Miranda rule as embodied in the above Art. III, Sec. 12 (1) require, however, that the crucial question is whether the accused has effectively waived the effectuation of these rights. Accused should be asked whether he was willing to testify even without the assistance of counsel. If he was willing to testify only with the assistance of counsel, he should be asked if he has one. If he said he wanted to have counsel but could not afford one, he should be asked if he wanted one appointed for him. If these questions are not asked there is no effective waiver of the rights to remain silent and to counsel. (People v. Naag, et al., G.R. No. 123860, January 20, 2000) - Primus

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