ANALYSIS: Rights of Persons Arrested / Accused 37 higher portion of their cell just to get a good view of the TV news/show. A PDL was allowed to bring in a small TV set with player so that they could watch TV show and movies at their pleasure. II. Rights of Person, Arrested, Detained and under Custodial Investigation; Rights of the Accused The right of persons under any form of detention or imprisonment to be treated in a humane manner and with respect for their inherent dignity are guaranteed under international human rights instruments, such as, the Universal Declaration of Human Rights, 167 the International Covenant on Civil and Political Rights 168 and the Body of Principles for the Protection of All Persons under Any Form of Imprisonment. 169 Thus, the authorities who arrest a person, keep him/her under detention or investigate the case shall exercise only the powers granted to them under the law and the exercise of such powers shall be subject to recourse to a judicial or other authority. 170 In Philippine jurisdiction, this right is guaranteed by the fundamental law, specifically the Bill of Rights which generally safeguards the right of person in the country, including that of PDL, against the abuses or arbitrariness of authorities in light of the inherent powers of the State. 171 Republic Act No. 7438 ensures protection of certain rights to persons arrested, detained or under custodial investigation by echoing in particular the Bill of Rights provision on the Miranda warning, ensuring accountability and prescribing the corresponding penalties in case of violation. A. Right to Silence and Counsel Any person arrested, detained or under custodial investigation shall at all times be assisted by counsel; shall be informed from the time of his/her arrest of the right to remain silent and to have competent and independent counsel preferably of his/her choice; that anything he/she says may be used against him/her in any proceedings; 172 the reason for his/her arrest or charges against him. 173 The arresting officer has the obligation to immediately convey and explain, and if necessary, interpret this right to the person arrested in a language known to and understood by him/her. 174 This is commonly known as the Miranda Warning, which has two aspects: (1) the right to remain silent and to counsel; and (2) the right to be informed of such right. If the person arrested and under custodial investigation cannot afford the services of counsel, the investigating officer shall provide him/her with an assisting counsel. 175 Custodial investigation is a crucial stage in criminal prosecution as it is where an investigation ceases to be a general inquiry into an unsolved crime and begins to focus on a 167 Article 3, UDHR Article 9, ICCPR. 169 Principle 1. 170 Principle 9, Body of Principles 171 1987 Philippine Constitution, Article III. 172 Ibid.; R.A. 7834, Section 2 (a); UDHR, Article 11 (1); ICCPR, Article 9. 173 Principles 10, Body of Principles; Bill of Rights, Phil. Constitution; R.A. 7438; Rule 113, Rules of Court. 174 Principles 13 and 14, Body of Principles; RA 7438, Section 2(a). 175 RA 7438, Section 2(b). 168