Republika ng Pilipinas KAGAWARAN NG KATARUNGAN Department of Justice Manila DO-LMLISEIS 15 June 2015 DEPARTMENT CIRCUI 10. 50-A SUBJECT 2 ADDITIONAL GUIDELINES ON THE APPLICATION OF ARTICLE 125 OF THE REVISED PENAL CODE, AS AMENDED In the interest of the service and p laws, the following guidelines are here guidelines provided for under Departmet (D.C. 50, s. 2012”) on the application Revised Penal Code, as amended, on the| Persons to the Proper Judicial Authorities 1. For purposes of computing the per the Revised Penal Code, i.e., th arresting officer/s to deliver perso under the said Article shall begin of detention. xv . Detention, as defined, is the curt period of detention, as a general rul » questioning are also considered “ . Application of actual force, manuk restraint or a formal declaration o1 }. Person/s who are not ener suant to the provisions of existing, der set forth to supplement the at Circular No. 50, Series of 2012 if the periods in Article 125 of the ‘Delay in the Delivery of Detained iods set forth under Article 125 of “12-18-36” periods, the duty of /s to the proper judicial authorities the hour starting from the time jlment of a person’s liberty. The lc, begins at the moment of arrest. arrested but are invited for in detention”. . al touching of the body, physical arrest is not required. A person is deemed “in detention” as along,as re be an intent on the part of one of the parties to arrest the other and an intent on the part of the other to submit, under the belief an necessary. shall be without prejudice to the impression that submission is . The counting of the “12-18-36” periods under Article 125 of the RPC circumstances provided for underSection 3.1.1 and 3.1.2 of D.C. special laws/rules, as stated in Department Circular. 50, s. 2012 and the provisions of Sections 5.1 to 5.3 of the same The foregoing guidelines are in keyping with the Department's commitment to advance the rule of guarantee against deprivation of liberty For guidance and compliance Copy furnished: All concerned. law, especially the constitutional ithout due process of law. oo LEILA M. DE LIMA Secretary Department of tice cw opoisoeois OO