“You have the right to remain silent. Any statement you make may be used against you in a court of law in the Philippines. You have the right to have a competent and independent counsel preferably of your own choice. If you cannot afford the services of a counsel, the government will provide you one. Do you understand these rights?”
This is the New Miranda Warning, to be recited by the elements of the Philippina National Police whenever they arrest suspects.
PNP Chief, Police Director General Nicanor A Bartolome formally received 15,000 copies of the New Miranda Warning Cards in Filipino, Bisaya and Cebuano versions with the inclusion of the provisions of RA 9745 or “Anti Torture Law” issued by The International Committee of the Red Cross (ICRC) headed by Ms. GraciellaLeite Piccolo, Deputy Head of the Delegation in the Philippines.
Chief Supt. Clarence Villanueva Guinto, Chief of PNP Human Rights Affair Office assured the public that the PNP police officers conducting arrest will recite the “Miranda Doctrine”. As human rights advocate, the PNP leadership claimed that “Miranda Doctrine” is a part of the basic training and knowledge in police investigation to make sure that the 140,000 police personnel had the enough skills to provide protection to the public with adherence to the core value “Makatao.”
“You have the right to demand physical examination by an independent and competent doctor of your choice. If you cannot afford the services of a doctor, the state shall provide one for you” states the Anti-Torture Warning.
The Anti-Torture Law aimed to curb and punish physical and mental torture and other cruel, inhuman and degrading treatment or punishment inflicted by a person in authority or agent upon another person in his/her custody.
According to RA 9745, the victim of torture has the right to have an impartial investigation completed within a maximum period of 60 working days, to have sufficient government protection, to claim compensation which should in no case be less than P10,000.00, to be informed of his/her right to demand physical examination and to immediate access to proper and adequate medical treatment.
“The PNP is adopting the Human Rights-Based Policing Concept in the implementation of its organizational thrusts. It is the comprehensive, systematic and institutional compliance with international human rights standards and practices in the conduct of police or law enforcement functions” said General Bartolome, as he recognized the support of ICRC by providing training to PNP Senior Officers on International Humanitarian Law and International Policing Standards.
Failure to recite the “New Miranda” and “Anti-Torture” Warning will lead to the dismissal of the case against the suspect and filling of administrative case for the arresting police.
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