Miranda rights and the Philippine constiution

DATELINE: March 18, 1966: the Miranda rights  became a major doctrine when US Supreme Court released its decision on    Miranda v. Arizona, 384 U.S. 436 (1966).

Under this doctrine, prior to any questioning during custodial investigation, the person must be warned that he has a right to remain silent, that any statement he gives may be used as evidence against him, and that he has the right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly, and intelligently. 

 The US Supreme Court overturned Ernesto Miranda's conviction for rape and kidnapping based on its ruling.

The Philippines Constitution even adds the more stringent requirement that the waiver must be in writing and made in the presence of counsel. Section 12, Article III of the Constitution reads:

SEC. 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.