S.B.No. 738 
Introduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORY NOTE 
Article 111 Section 12 (1) of 1987 Constitution provides that 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. 
Among the legitimate purposes of government is the punishment of those who 
violate the rights of others through the commission of violent or forceful acts, such as 
murder, rape, robbery, theft and others and to enforce law and order. 
We normally think of a trial by jury as one of the individual rights afforded to 
persons accused of crime. It is also, as we have seen a right that is institutional as well - 
one that belongs to the people as a whole as well as to the individual. But jury trials, as 
have been all too evident in dictatorships, can be meaningless un less that is governed by 
rules that ensure fairness to the individual. Individual rights cannot be protected and 
democracies cannot function unless those accused of crimes receive what we now call 
due process of law. The rights of the accused have been established in the Bill of Rights 
atid have been continuously refined in courtrooms ever since. 
We tend to emphasize the relationship of rights to individual liberty, but those 
rights which are most identified as individual - such as rights of persons accused of 
crimes - still have a community basis. Regarding the rights of the accused, the basic 
outlines of due process are spelled out in the Constitution. 
In light of foregoing, the passage of 


14'" CONGRESS OF THE REPUBLIC 
) 
7 J[I\* -3 
All 3 4  
OF THE PHILIPPINES 
) 
First Regular Sessioii 
1 
rtECEIVED BY: I 
SENATE 
S.B.No. 738 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT 
PROHIBITING THE PUBLIC DISPLAY OF PERSONS ARRESTED, ACCUSED 
OR UNDER CUSTODIAL INVESTIGATION W A DEGRADING MANNER, 
AMENDING FOR THE PURPOSE SECTIONS 2 AND 4 OF REPUBLIC ACT NO. 
7438, ENTITLED "AN ACT DEFINING CERTAIN RIGHTS OF PERSONS 
ARRESTED, DETAINED OR UNDER CUSTODLAL INVESTIGATION AS 
WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND 
INVESTIGATING 
OFFICERS, 
AND 
PROVIDING 
PENALTIES 
FOR 
VIOLATIONS THEREOF" 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Section 2 of Republic Act No. 7438 is hereby amended by adding a 
new paragraph to be known as paragraph (g), to read as follows; 
"Section 2. Rights of Persons Arrested, Detained, or Under Custodial 
(a) xxxxx 
(b) xxxxx 
(e) xxxxx 
(d) xxxxx 
(e) xxxxx 
(f) xxxxx 
Investigation; Duties of Public Officers. - 
(g)NO 
PERSON 
ARRESTED, 
DETAINED, 
OR 
UNDER 
CUSTODIAL INVESTIGATION SHALL BE PUT ON PUBLIC 
DSPLAY IN HAND CUFFS, WITH NAME TAGS OR OTHER 
TAGS, OR IN ANY MANNER CAUSING OR TENDING TO 
CAUSE 
DEGRADATION, 
HUMILIATION, 
DISHONOR, 
DISCREDIT, RIDICULE OR CONTEMPT, NOR SHALL SUCH 
PERSON BE PRESENTED TO THE PRESS IN SUCH 
MANNER. SUBJECT TO THE PRECEDING RESTRICTIONS, 
THE PUBLIC DISPLAY OR PRESENTATION TO THE PRESS 
OF ANY PERSON ARRESTED, ACCUSED, DETAINED OR 
UNDER CUSTODIAL INVESTIGATION SHALL ONLY BE 
ALLOWED IF SUCH PERSON IS ASSISTED BY COUNSEL 
OF HIS CHOICE DURTNG TEE PUBLIC DISPLAY OR 
PRESENATATION. 
xxxxx 


SECTION 2. Section 4 of Republic Act No. 7438 is hereby amended to read as 
follows: 
“Section 4. Penalty Clause. - (a) Any arresting public officer or employee, 
or nay invesi:igating officer, who fails to inform any person arrested, detained or 
under custodial investigation of his right to remain in silent and to have a 
competent and independent counsel preferably of his own choice, shall suffer a 
fine of six thousand pesos (P6, 000.00) or a penalty of imprisonment of not less 
than eight (I;) years but not more than ten (10) years, or both. The penalty of 
perpetual ab:solute disqualification shall also be imposed upon the investigating 
oficer has been previously convicted of a similar offense. 
xxxxx 
“THE SAME PENALTIES SHALL BE IMPOSED UPON A PUBLIC 
OFFICER OR EMPLOYEE. OR ANYONE ACTING UPON ORDERS OF 
SUCH OFFICER OR EMPLOYEE OR HIS OWN PLACE, WO DIRECLY 
OR INDIWECTLY CAUSES TEE PUBLIC DISPLAY OF A PERSON 
ARRESTED, ACCUSED OR 
UNDER INVESTIGATION IN A 
DEGRADING MANNER OR CAUSES HIS PRESENTATION TO THE 
PRESS IN SUCH MANNER 
SECTION 3 Repealing Clause - All laws, rules and issuances or parts thereof 
inconsistent with the provisions of this Act are hereby repealed, annulled or modified 
accordingly. 
SECTION 4 Separability Clause - This Act shall take effect fifteen (15) days 
following its publication in at least two (2) newspapers of general circulation. 
Approved,