DC No. 050

1. Republika ng Pilipinas
KAGAWARAN NG KATARUNGAN
Department of Justice
Manila
LML-DC-1SH12- f1q
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 attorneys, law enforcers and all concerned 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 1 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 concerned 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

2. extraordinary measures. In no case should the above-mentioned factors
absolve public officers and employees from liability under Article 125 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 m 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 longer 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.