Answer First
Primary Text
Right to' Physical, Medical and Psychological Examination. - Before and after interrogation, every person arrested, detained or under custodial investigation shall have the right to he informed of his/her right to demand physical examination by an independent and competent doctor of his/her own choice. If such person cannot afford the services of his/her own doctor, he/she shall he provided by the State with a competent and independent doctor to conduct physical examination. The State shall endeavor to provide the victim with psychological evaluation if available under the circumstances. If the person arrested is a female, she shall be attended to preferably by a female doctor.
Furthermore, any person arrested, detained or under custodial investigation, including his/her immediate family, shall have the right to immediate access to proper and adequate medical treatment. The physical examination and/or psychological evaluation of the victim shall be contained in a medical report, duly signed by the attending physician, which shall include in detail his/her medical history and findings, and which shall he attached to the custodial investigation report. Such report shall be considered a public document.
Following applicable protocol agreed upon by agencies tasked to conduct physical, psychological and mental examinations, the medical reports shall, among others, include:
(a) The name, age and address of the patient or victim;
(b) The name and address of the nearest kin of the patient or victim;
(c) The name and address of the person who brought the patient or victim for physical, psychological and mental examination, and/or medical treatment;
(d) The nature and probable cause of the patient or victim's injury, pain and disease and/or trauma;
(e) The approximate time and date when the injury, pain, disease and/or trauma was/were sustained;
(f) The place where the injury, pain, disease and/or trauma was/were sustained;
(g) The time, date and nature of treatment necessary; and
(h) The diagnosis, the prognosis and/or disposition of the patient.
Any person who does not wish to avail of the rights under this pr<;lvision may knowingly and voluntarily waive such rights in writing, executed in the presence and assistance of his/her counsel.
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