spirit of miranda doctrine

8/12/2019 Spirit of Miranda Doctrine

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Spirit of the Miranda Doctrine

And its application in the Philippine Setting

By Gil M Camaymayan

Miranda Warning

You have the right to remain Silent

Anything you say can and will be used against you in a court of law

You have the right to talk to a lawyer and have him present with you while you are being questioned

f you cannot afford to hire a lawyer! one will be appointed to represent you before any questioning if you

wish

You can decide at any time to e"ercise these rights and not answer any questions or make any statements

The concept of the Miranda rights or doctrine was enshrined in the United States law from a1966 land mark U.S. Supreme Court decision on Miranda vs. Ariona! a trial for rape and

kidnapping against an "rnesto Miranda which found that his #ifth and Si$th Amendment rights

were violated when he was convicted %ase on his confession under police interrogation. Thedoctrine was formulated aiming to the protection of a criminal defendant&s right against self'

incrimination from the pressure arising during custodial investigation %( the police. A criminal

suspect must %e informed of his)her right against self'incrimination and the right to consult with

an attorne( prior to *uestioning %( the police authorit(. +on o%servance resulting to violation ofthe said doctrine would render evidences o%tained to %e inadmissi%le in court! %eing a fruit of a

poisonous tree! it is therefore imperative that these rights are read and have the person in custod(to understand his rights %efore %eing su%,ected to *uestioning. -nstances that a law enforcementauthorit( should recite the Miranda doctrine to a suspect upon taking a person in custod( during

an arrest wherein the person is caught in the act of committing a crime and in an( scenario

wherein is taken in custod( %( a law enforcement agenc( for the purpose of investigation orinterrogation for a crime from which he)she is deprived of freedom of action in an( significant

wa( and the line of *uestioning is no longer of general in*uir( to the unsolved crime %ut aimed

upon the particular suspect.

Same as an( other right! the rights of an accused as stated in the Miranda doctrine can %e waived

as long as the person waiving such right has such right to waive and the waiver has %een done

voluntaril(! knowingl( and intelligentl(. eciting the said doctrine should %e a matter ofprocedure %( the authorities when making arrest and taking a person under custod( for

investigation or interrogation! %ut an e$ception arises during e$igent circumstances attending to

the cause. The use of /SC or 0/u%lic Safet( Clause is an e$ception to the Miranda doctrinewhere%( a person can %e su%,ected to *uestioning even without %eing read his rights. The

rationale %ehind is that a person should %e immediatel( interrogated and information should %e

o%tained from him due to the said circumstance wherein pu%lic safet( is involved. This e$ception

was invoked during the case of the Tsarnaev during the 2oston marathon %om%ing whereinuncounseled information were o%tained from the suspect regarding the e$istence of the other

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%om%s for the protection of pu%lic safet(. 2ut this does not mean that the Miranda rights can %e

dispensed with! the person should still %e informed his rights if the *uestions %eing asked are not

covered %( the /SC.

As American ,urisprudence is evident and has enriched and influenced the /hilippine legal

s(stem. The /hilippines has also adopted the Miranda doctrine as its own. The adaptation of thesaid doctrine is also reflected in our current Constitution 31945 Constitution under our 2ill or

ights 3Article ---. The constitution specificall( states that7

Section#$% ' Any (erson under investigation for the commission of an offense shall have the right to be

informed of his right to remain silent and to have competent and independent counsel preferably of his

own choice) f the person cannot afford the services of counsel! he must be provided with one) *hese

rights cannot be waived e"cept in writing and in the presence of counsel)

+

&,' Any confession or admission obtained in violation of this or Section #- hereof shall be

inadmissible in evidence against him

The spirit and essence of the Miranda doctrine is not onl( adopted %ut is inscri%ed in the

/hilippine fundamental law from which all other law should a%ide. A %asic right provided %( law

to an( person arrested or under custod( for investigation or interrogation for a criminal offense.

The /+/ 3/hilippine +ational /olice as the police power of the state is responsi%le in notif(ing

the accused of his)her rights against self'incrimination and counsel. eciting the Miranda rights

to an accused should %e part of their %asic training! procedure and knowledge during arrest!investigation and interrogation. A near direct translation from "nglish to #ilipino is %eing used

%( the /+/7

kaw ay may karapatang manahimik) Ang iyong mga sasabihin ay maaaring gamitin bilang patunay

laban sa iyo sa korte) kaw ay may karapatang kumuh. ng isang abogado) /ung ikaw ay hind0 makakuhang abogado! ang korte ang magtatakda para sa iyo)

The version a%ove is pro%a%l( used %( the /+/ for those people having trou%le getting a grasp of

the "nglish version. This move of the /+/ on getting and reciting a #ilipino translation of the

said doctrine would greatl( help ma,orit( of the #ilipino to know and understand his)her right%efore %eing su%,ected to an( investigation or interrogation. -n a countr( wherein human rights

violation has its histor(! a%usive police authorities are rampant and ma,orit( of the people are ill

informed and ignorant of his or her rights7 -ntegrating such protocol in the /+/ would increase

the integrit( and pu%lic trust to the institution! for it would show respect to the right of a personand e*ual protection under the law.

Acknowledging a person&s right %( informing him)her if he)she is ill informed is a form ofrespect to the fundamental right of a person. Unfortunatel( this is something that ma,orit( of our

police authorities still lacks. /ersonall( %ase on interaction with some of them and a %it of

influence on #ilipino action films! this misfortune usuall( occurs when an authorit( sees himselfas someone who is a%ove the law! a%usive and disrespectful against an individual who is

uneducated of his)her rights. These incidents usuall( come unnoticed pro%a%l( due to the fear

instilled to the aggrieved part( %( such authorit(. A wise weatherman said that 08nowledge is

/ower! if the pu%lic would %e ade*uatel( informed and understand these rights as provided %(

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law! a%usive acts and conviction through false admission if not eradicated would greatl( %e

reduced and minimied.

-mplementation of the Miranda doctrine also serves as a means of showing e*ual protection

under the law! for the law does not discriminate a person&s social standing! awareness and

intellectual capacit(. "ver( person stands co'e*ual in the e(es of the law. eciting! notif(ing andmaking a person understand such right during an arrest or prior to custodial investigation and

interrogation would give him an opportunit( to make use and invoke such right. rowing up -

usuall( hear the phrase that 0:ustice is onl( for the rich and not for the poor. This statementcould pro%a%l( %e ,ustified %( looking into the demographics of the people in :ail which is

usuall( those people whom we consider as those living within and %elow the povert( line.

;aving such right %e invoked %( an( person gives him the fair chance and opportunit( to defend

himself accordingl( and go through an( relief as ma( %e provided %( law! for the law speciall(on a criminal offense favors the right of the accused. iving a person a right to a counsel greatl(

uplift his chances of defending himself accordingl( for not ever(one is knowledgea%le of the law

and it would %e a traged( if a person would %e convicted %( his)her ignorance of the law and itstechnicalities.

;uman rights violation was a great part of our histor( especiall( during the dark da(s of themartial law. /eople disappearing! arrested and having convicted through false admission %rought

a%out %( unnecessar( means. ;aving the spirit of the Miranda doctrine enshrined in our

fundamental law and integrated to the /+/ protocol would greatl( help as part of our nation%uilding and putting %ack the lost and failing trust to our law enforcement agencies and

institutions! that their presence in the societ( is rather constructive than destructive.

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