Political Law, 2019 Bar — Question A.4-A

QUESTION

Mrs. W supplied the Philippine National Police (PNP) with uniforms every year. Last month, she and two (2) other officers of the PNP conspired to execute a “ghost purchase” covered by five (5) checks amounting to P200,000.00 each, or a total of P1,000,000.00. An investigating committee within the PNP, which was constituted to look into it, invited Mrs. W, among others, for an inquiry regarding the anomalous transaction. Mrs. W accepted the invitation but during the committee hearing, she stated that she will not answer any question unless she be provided with the assistance of a counsel. The PNP officials denied her request; hence, she no longer participated in the investigation. (a) What is a custodial investigation? Under the 1987 Constitution, what are the rights of a person during custodial investigation? (3%)

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