Republika ng Pilipinas KAGAWARAN NG KATARUNGAN Department of Justice Manila LML-DC-asHi2_ 4 15 August 2012 DEPARTMENT circuLar no. 0 5 0) SUBJECT : GUIDELINES ON THE APPLICATION OF ARTICLE 125 OF THE REVISED PENAL CODE, AS AMENDED In the interest of the service and pursuant to the provisions of existing laws, this Department Circular is issued for the guidance of prosecutors, public attomeys, law enforcers and all concemed on the application of Article 125 of the Revised Penal Code, as amended, on the Delay in the Delivery of Detained Persons to the Proper Judicial Authorities. 1. Article 125 provides for the criminal liability and the corresponding penalties of public officers or employees who detain a person arrested without a warrant without charging that person in court after the lapse of 12, 18 or 36 hours depending on the gravity of the crime. 2. This protection accorded by the law to individuals against undue deprivation of liberty is in line with the provision of Article III, Section | of the 1987 Constitution which states that “no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.” 3. In order to avoid confusion among criminal justice stakeholders, the following guidelines on the application of Article 125 of the Revised Penal Code, as amended, are issued: 3.1. Being a penal law, Article 125 shall be construed strictly against the State and liberally in favor of an accused. Hence, the counting of the prescribed “12-18-36” periods shall be done by the hour starting from the time of detention. However, consistent with jurisprudence, the following circumstances maybe considered in determining whether the public officer or employee concemed can be held liable for violating the law: 3.1.1. The observance of non-working holidays, during which it becomes legally and physically impossible to properly file an information in court. [See Soria v. Desierto, GR Nos. 153524-25, 31 January 2005] 3.1.2. Extraneous factors like means of communication and transportation, the hour of the arrest, or the time of surrender of an accused, which impedes the conduct of usual law enforcement and prosecution functions. (See Sayo v. Police Chief of Manila, L-23614, 27 February 1970] It should be emphasized, however, that the foregoing cases are mere exceptions to the general rule and are not in any way to be used as grounds for abuse. They can be invoked only when circumstances warrant extraordinary measures. In no case should the above-mentioned factors absolve public officers and employees from liability under Article | 25 if it can be shown that the delay in the delivery of a detained person is attended by malice, bad faith or gross negligence. 4, Immediately after an arrest, the person arrested shall be brought to the nearest local law enforcement office. As soon as possible, inquest proceedings shall be conducted by the duty inquest prosecutor designated to act as such within the locality, even during weekends. However, under the exceptional case where no inquest prosecutor is available during a weekend or a non-working day, the inquest shall immediately be conducted on the first business day following the arrest. If the inquest prosecutor orders the arresting officers to submit additional evidence to aid him in resolving the case, the time spent to produce such additional evidence shall not stop the running of the “12-18-36” periods prescribed under Article 125 5. The “12-18-36” rule in Article 125 are subject to the following provisions of special laws/rules:5.1. Under Rule 112, Section 7 of the Rules of Court, if an arrested person elects to undergo a preliminary investigation, the provisions of Article 125 have to be waived in writing and in the presence of counsel. Hence, the “12-18-36” periods shall no Ionger apply. . 5.2. The guidelines contained in this Department Circular shall be applicable to cases under Republic Act No. 9372, otherwise known as the Human Security Act, except that instead of the “12-18-36” periods, the applicable period shall be 72 hours, pursuant to Section 18 of the said law. 5.3. The guidelines contained in this Department Circular shall be applicable to cases under Republic Act No. 9344, otherwise known as the Juvenile Justice and Welfare Act, except that instead of the “12-18-36” periods, the applicable period shall be 8 hours. Moreover, instead of being charged in court, the arrested child in conflict with the law who is 15 to 18 years old shall first be turned over to the local social development officer for initial determination of the presence or absence of discernment. The investigating prosecutor shall, within eight (8) hours upon receipt of the report of the local social development officer, immediately resolve and issue the corresponding Resolution either by ordering the filing of the Criminal Information in court, or ordering the immediate release of the child in conflict with the law, as the case may be. The foregoing guidelines are in line with the Department’s commitment to advance the rule of law, especially the constitutional guarantee against deprivation of liberty without due process of law. For guidance and compliance. ati M. DE LIMA - : Secretaryle a——$——_—_— C——— E-WVITED ——————=———————