Spirit of the Miranda Doctrine And its application in the Philippine Setting

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

If 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 exercise 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 a 1966 land mark U.S. Supreme Court decision on Miranda vs. Arizona, a trial for rape and kidnapping against an Ernesto Miranda which found that his Fifth and Sixth Amendment rights were violated when he was convicted base on his confession under police interrogation. The doctrine was formulated aiming to the protection of a criminal defendant’s right against self-incrimination from the pressure arising during custodial investigation by the police. A criminal suspect must be informed of his/her right against self-incrimination and the right to consult with an attorney prior to questioning by the police authority.  Non observance resulting to violation of the said doctrine would render evidences obtained to be inadmissible in court, being a fruit of a poisonous tree, it is therefore imperative that these rights are read and have the person in custody to understand his rights before being subjected to questioning. Instances that a law enforcement authority should recite the Miranda doctrine to a suspect upon taking a person in custody during an arrest wherein the person is caught in the act of committing a crime and in any scenario wherein is taken in custody by a law enforcement agency for the purpose of investigation or interrogation for a crime from which he/she is deprived of freedom of action in any significant way and the line of questioning is no longer of general inquiry to the unsolved crime but aimed upon the particular suspect. 

     Same as any other right, the rights of an accused as stated in the Miranda doctrine can be waived as long as the person waiving such right has such right to waive and the waiver has been done voluntarily, knowingly and intelligently. Reciting the said doctrine should be a matter of procedure by the authorities when making arrest and taking a person under custody for investigation or interrogation, but an exception arises during exigent circumstances attending to the cause. The use of PSC or “Public Safety Clause” is an exception to the Miranda doctrine whereby a person can be subjected to questioning even without being read his rights. The rationale behind is that a person should be immediately interrogated and information should be obtained from him due to the said circumstance wherein public safety is involved. This exception was invoked during the case of the Tsarnaev during the Boston marathon bombing wherein uncounseled information were obtained from the suspect regarding the existence of the other bombs for the protection of public safety. But this does not mean that the Miranda rights can be dispensed with, the person should still be informed his rights if the questions being asked are not covered by the PSC.

As American jurisprudence is evident and has enriched and influenced the Philippine legal system. The Philippines has also adopted the Miranda doctrine as its own. The adaptation of the said doctrine is also reflected in our current Constitution (1987 Constitution) under our Bill or Rights (Article III). The constitution specifically states that:

Section12: (1) Any Person 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. 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.

…

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him

      The spirit and essence of the Miranda doctrine is not only adopted but is inscribed in the Philippine fundamental law from which all other law should abide. A basic right provided by law to any person arrested or under custody for investigation or interrogation for a criminal offense.

The PNP (Philippine National Police) as the police power of the state is responsible in notifying the accused of his/her rights against self-incrimination and counsel. Reciting the Miranda rights to an accused should be part of their basic training, procedure and knowledge during arrest, investigation and interrogation. A near direct translation from English to Filipino is being used by the PNP:

Ikaw ay may karapatang manahimik. Ang iyong mga sasabihin ay maaaring gamitin bilang patunay laban sa iyo sa korte. Ikaw ay may karapatang kumuhâ ng isang abogado. Kung ikaw ay hindî makakuha ng abogado, ang korte ang magtatakda para sa iyo.

      The version above is probably used by the PNP for those people having trouble getting a grasp of the English version. This move of the PNP on getting and reciting a Filipino translation of the said doctrine would greatly help majority of the Filipino to know and understand his/her right before being subjected to any investigation or interrogation. In a country wherein human rights violation has its history, abusive police authorities are rampant and majority of the people are ill informed and ignorant of his or her rights: Integrating such protocol in the PNP would increase the integrity and public trust to the institution, for it would show respect to the right of a person and equal protection under the law. 

      Acknowledging a person’s right by informing him/her if he/she is ill informed is a form of respect to the fundamental right of a person. Unfortunately this is something that majority of our police authorities still lacks. Personally base on interaction with some of them and a bit of influence on Filipino action films, this misfortune usually occurs when an authority sees himself as someone who is above the law, abusive and disrespectful against an individual who is uneducated of his/her rights. These incidents usually come unnoticed probably due to the fear instilled to the aggrieved party by such authority. A wise weatherman said that “Knowledge is Power”, if the public would be adequately informed and understand these rights as provided by law, abusive acts and conviction through false admission if not eradicated would greatly be reduced and minimized.

       Implementation of the Miranda doctrine also serves as a means of showing equal protection under the law, for the law does not discriminate a person’s social standing, awareness and intellectual capacity. Every person stands co-equal in the eyes of the law. Reciting, notifying and making a person understand such right during an arrest or prior to custodial investigation and interrogation would give him an opportunity to make use and invoke such right. Growing up I usually hear the phrase that “Justice is only for the rich and not for the poor”. This statement could probably be justified by looking into the demographics of the people in Jail which is usually those people whom we consider as those living within and below the poverty line. Having such right be invoked by any person gives him the fair chance and opportunity to defend himself accordingly and go through any relief as may be provided by law, for the law specially on a criminal offense favors the right of the accused. Giving a person a right to a counsel greatly uplift his chances of defending himself accordingly for not everyone is knowledgeable of the law and it would be a tragedy if a person would be convicted by his/her ignorance of the law and its technicalities.

      Human rights violation was a great part of our history especially during the dark days of the martial law. People disappearing, arrested and having convicted through false admission brought about by unnecessary means. Having the spirit of the Miranda doctrine enshrined in our fundamental law and integrated to the PNP protocol would greatly help as part of our nation building and putting back the lost and failing trust to our law enforcement agencies and institutions, that their presence in the society is rather constructive than destructive.

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