SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S, No. 
2722 
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) 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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APR 16 P 2 :19 
AMENDING ARTICLE 125 OF ACT NO. 3815 OTHERWISE KNOWN AS "THE 
REVISED PENAL CODE OF THE PHILIPPINES" TO EXPAND THE ACTS 
PUNISHED IN THE DELAY IN THE DELIVERY OF DETAINED PERSONS 
EXPLANATORY NOTE 
The Constitution, Article 3, Section 1 provides: 
Section 1. 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. 
This Act seeks to expand the acts punished by Article 125 of the Penal Code. 
Article 125 punishes public officers or employees who have delayed in the delivery of 
detained persons to the proper judicial authorities. This provision defends the right of 
persons against unjust deprivation of liberty, 
There have been conflicting interpretations of the word 'detained' for the purposes 
of enforcing this provision. The question is whether or not detainment is equivalent only 
to detention in a police precinct or facility, as opposed to including restriction of freedom 
in some other manner in another place, 
The Department of Justice on 15 August 2012 issued Department Circular No. 050 
on the Guidelines on the Application of Article 125 of the Penal Code. The Circular 
provided that in order to avoid confusion, the following guidelines 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 .... 
This provision limits the interpretation of detainment in Article 125 to mean only 
detention in a police facility. This has the effect of allowing public officers or employees 
to hold or keep a person in another place indefinitely for as long as the reason for holding 
such person was initially for some legal ground. Such an act constitutes wanton disregard 
for the fundamental right of persons against deprivation of liberty without due process of 
law, yet because ofthis legal interpretation, it is not punished at all. This Act shall rectifY 
the gap in the law. 
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~'- 4\N-~)~ 
MIRIAM DEFEtYSOR SANTriGO 
qy 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENAT.E. 
S. No. 
it:!. '7 i:! 2 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
'15 
APR 16 P2 :19 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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AN ACT 
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AMENDING ARTICLE 125 OF ACT NO. 3815 OTHERWISE KNOWN AS "THE 
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REVISED PENAL CODE OF THE PHILIPPINES" TO EXPAND THE ACTS 
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PUNISHED IN THE DELAY IN THE DELIVERY OF DETAINED PERSONS 
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SECTION 1. Article 125 of Act No. 3815, otherwise known as "The Revised 
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Penal Code of the Philippines" is hereby amended to read as follows: 
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Art. 125. Delay in the delivery of detained persons to the proper 
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judicial authorities. -
The penalties provided in the next preceding article 
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shall be imposed upon the public officer or employee who shall DETAIN, 
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HOLD, OR KEEP ANY PERSON IN ANY PLACE, for some legal 
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ground and shall fail to deliver such person to the proper judicial authorities 
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within the period of; twelve (12) hours, for crimes or offenses punishable 
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by light penalties, or their equivalent; eighteen (18) hours, for crimes or 
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offenses punishable by correctional penalties, or their equivalent and thirty-
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six (36) hours, for crimes, or offenses punishable by afflictive or capital 
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penalties, or their equivalent. 
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SECTION 2. Repealing Clause. -
Any law, presidential decree or issuance, 
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executive order, letter of instruction, administrative order, rule or regulation contrary to 


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or is inconsistent with the provision of this Act is hereby repealed, modified, or amended 
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accordingly. 
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SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
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its publication in at least two (2) newspapers of general circulation. 
Approved, 
/amllOApril2015 
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