Police Regional Office 13 personnel were reminded especially the patrollers on the ground to always bring with them the Miranda and Anti-Torture Warning Cards and to incorporate in the Short Messaging System (SMS) and Written Reports, the apprisal and recital of Miranda Warning and Anti-Torture Warning to the arrested person. A Memorandum was sent dated February 24, 2016 to the concerned Offices signed by PCINSP JUDE CRES GIDO MILAN, Officer In Charge, Regional Human Rights Affairs Office (RHRAO).
PCSUPT ROLAND B FELIX, Regional Director, PRO 13 further stressed out that the PNP police officers conducting arrest shall recite the “Miranda Doctrine” and “Anti Torture Warning”. As human rights advocate, the PRO 13 leadership claimed that “Miranda Doctrine” and “Anti Torture Warning” are parts of the basic training and knowledge in police investigation to make sure that police personnel had the enough skills to provide protection to the public with adherence to the core value “MAKATAO”.
You are arrested for the crime of _________ (or by virtue of Warrant of Arrest, showing him the warrant as it is practicable) 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?” states the Miranda Warning.
“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.
Ikaw ay inaaresto sa salang _________ (o sa pamamagitan ng kautusan ng pag-aresto, ipakita ito kung nararapat). Ikaw ay may karapatang manahimik o magsawalang kibo. Anuman ang iyong sabihin ay maaring gamitin pabor o laban sa iyo sa anumang hukuman. Ikaw ay mayroon ding karapatang kumuha ng tagapagtanggol na iyong pinili at kung wala kang kakayahan, ito ay ipagkakaloob sa iyo ng pamahalaan. Nauunawaan mo ba ito?
Aduna kay katungod mag pa eksamin sa imong lawas sa usa ka independente ug kasaligang doctor nga imong gipili. Ug kon di ka makaabot sa pagbayad sa maong doctor, ang gobyerno mohatag niini kanimo nga libre.
Failure to recite the “Miranda” and “Anti-Torture” Warning will lead to the dismissal of the case against the suspect and filing of administrative case for the arresting police.