UTH 
CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
First Regular Session 
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Introduced bv Senator Ralnh G. Recto 
Explanatory Note 
Peace and order has indeed become illusive in our country where the recorded crime rate for 
2001 was 98.8 per 100,000 population and the policeman to population ratio is 1:73O. 
In a country beset with the perennial problem of ]ugh crime rate, we have developed an 
insatiable appetite to witness criminals being caught by authorities. It is a common practice that 
arrested suspects are being paraded in media with handcuffs and complete with name tags. 
Unfortunately however, there have been a number of times when those arrested turn out to 
be innocent people who were just either framed up or worse have been victims of mistaken 
identities. Public presentation of the accused is subject to abuse and tends to be humiliating not 
only to the accused himself but more so for his family. The public has a propensity to judge the 
accused immediately after the public presentation and more often they are already given the verdict 
of gullty prior to their day in court. 
As mass communication becomes more and more accessible it is inevitable that the power of 
media has become so influential. However, we should always be reminded that Congress shall give 
highest priority to the enactment of measures that protect the right of people to human digruty. 
This bi seeks tE-uphold the. rights of persons arrested, detained, or under custodial 
investigation by ensuring that no person arrested, detained or under custodial investigation shall be 
put on public display in hand cuffs, with name tags or other tugs, 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 during the 
public display or presentation. 
Consequently, a fine of six thousand pesos (P6,OOO.OO) or a penalty of imprisonment of not 
less than eight (8) years but not more than ten (IO) years, or both shall be imposed upon any public 
officer or employee, or anyone acting upon orders of such officer or employee or in his place, who 
directly or indirectly causes the public display of a person arrested, accused or under investigation in 
a degrading manner or causes his presentation to the press in such manner. 
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Hopefully, with the passage of this bill, ont arresiing officers may be more responsible in 
presenting suspected fugitives of the law to the public and media practitioners may practice the 
necessary restraint in their profession, upholding the suspect’s human rights at all times. 
In view of the foregoing, approval of this 
0 


Introduced by Senator Ralph G. Recto 
AN ACT 
PROHIBITING THE PUBLIC DISPLAY OF PERSONS ARRESTED, ACCUSED OR 
UNDER CUSTODIAL INVESTIGATION IN 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 CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE 
ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING 
PENALTIES FOR VIOLATIONS THEREOF” 
Be it enacted 
the Senate and House of Representatives ofthe Philippines in Congms assembkd: 
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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: 
“Sec. 2. 
Rights of Persons Arrested, Detained, or Under Custodial Investigation;,, Duties of 
Public Oficers. - (a) xxxxxx 
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“(b) xxxxxx 
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“(c) xxxxxx 
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“(d) xxxxxx 
“(e) xxxxxx :- 
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“(0 xxxxxx 
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“(G) NO PERSON ARRESTED, DETAINED, OR UNDER CUSTODIAL, 
INVESTIGATION SHALL BE PUT ON PUBLIC DISPLAY IN HAND CUFFS, 
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WITH NAME TAGS OR OTHER TAGS, OR IN ANY MANNER CAUSING OR 
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TENDING TO CAUSE DEGRADATION, HUMILIATION, 
DISHONOR, 
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DISCREDIT, RIDICULE OR CONTEMPT, NOR SHALL SUCH PERSON BE 
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PRESENTED TO THE PRESS IN SUCH MANNER 
SUBJECT TO THE 
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PRECEDING RESTRICTIONS, THE PUBLIC DISPLAY OR PRESENTATION 
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TO THE PRESS OF ANY PERSON ARRESTED, ACCUSED, DETAINED OR 


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UNDER CUSTODIAL INVESTIGATION SHALL ONLY BE ALLOWED IF 
SUCH PERSON IS ASSISTED BY COUNSEL OF HIS CHOICE DURING THE 
PUBLIC DISPLAY OR PRESENTATION. 
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xxxxxx.’~ 
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SEC. 2. Section4 of Republic Act No. 7438 is hereby amended to read as follows: 
“SEC. 4. Penal9 Clause. - (a) 
Any amesting public ofiicer or employee, or any 
investigating officer, who fails to inform any person arrested, detained or under custodial 
investigation of his right to remain silent and to have competent and independent counsel 
preferably of his own choice,,shall suffer a line of Six thousand pesos (J?6,000.00) or a 
penalty of imprisonment of not less than eight (8) years but not more than ten (IO) years, or 
both. 
The penalty of perpetual absolute disqualification shall also be imposed upon the 
investigating officer who has been previously convicted of a similar offense 
xxxxxx 
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“THE SAME PENALTIES SHALL BE IMPOSED UPON A PUBLIC 
OFFICER OR EMPLOYEE, OR ANYONE ACTING UPON ORDERS OF SUCH 
OFFICER OR EMPLOYEE OR IN HIS PLACE, WHO DIRECTLY OR 
INDIRECTLY CAUSES THE PUBLIC DISPLAY OF A PERSON ARRESTED, 
ACCUSED OR UNDER INVESTIGATION IN A DEGRADING MANNER OR 
CAUSES HIS PRESENTATION TO THE PRESS IN SUCH MANNER. 
“(b) xxxxxx” 
S E C . ~ ,  
.Repealing Clause. -All laws, rules and issuances or parts thereof inconsistent 
with the provisions of this Act are hereby repealed, amended or modified accordingly. 
SEC. 4. 
S@pnrabik& Cluase. - This Act shall take effect fifteen (15) days following its 
publication in at least two (2) newspapers of general circulation. 
Appmved, 
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