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Waiver of Art. 125 RPC
Waiver of Art. 125 RPC
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T
he Integrated Bar of the Philippines, in representation of
Jay-Ar Senin, a detainee who executed a waiver of deten-
tion under Article 125 of the Revised Penal Code, after be-
ing arrested for violation of Republic Act 9165, whose case was
dismissed by the public prosecutor, but his release was held in
abeyance in view of the DOJ circular which mandates that all dis-
missal of drugs cases by the public prosecutors shall be subject to
automatic review by the DOJ Secretary, filed petition for habeas
corpus to assail the constitutionality of the different DOJ circulars
which mandated the continued detention of persons who execut-
ed waivers of detention under Art. 125 of the Revised Penal Code
while their case undergo the automatic review of the DOJ Secre-
tary. Specifically, they assail DOJ Circular No. 12 Series of 2012,
which call for automatic review for not more than 30 days all dis-
missal of cases under RA 9165 punished by reclusion perpetual
or life imprisonment; D.C. No. 22, series of 2013, entitled Guide-
lines on the Release of Respondents/Accused Pending Automatic
Review of Dismissed Cases Involving Republic Act (R.A.) No. 9165;
and D.C. No. 50, series of 2012, entitled Additional Guidelines on
the Application of Article 125 of the Revised Penal Code, as
Amended (RPC).
While the petition was pending, the dismissal of Senin-s case was
reversed, and an information filed against him; the IBP however
prayed that the petition not be dismissed for mootness, as the
same is capable of repetition in view of the different enactments
made by the DOJ.
The Issue:
The Ruling:
The circular also applied to cases which had been dismissed prior
to its issuance if such dismissal had not yet attained finality as of
the date of the circular.
D.C. No. 46 was followed by D.C. No. 12 in which former SOJ Leila
M. De Lima, for the most part, reiterated the provisions of the
first circular but added that automatic review of dismissed drug
cases shall be without prejudice to the right of the respondent to
be immediately released from detention pending automatic re-
view, unless respondent is detained for other causes.
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SOJ Caguioa then reinstated D.C. No. 12, dated February 13, 2012,
mandating immediate release of respondents pending automatic
review, unless respondents are detained for other causes.
The Court agrees with the OSG that this controversy has become
moot and academic. First, the DOJ already issued D.C. No. 004, se-
ries of 2017, which recognizes the right of a detainee to be re-
leased even if the dismissal of the case on preliminary investiga-
tion is the subject of automatic review by the SOJ. Second, records
show that the order of dismissal was reversed; that upon filing of
the information with the court, there was judicial determination
of probable cause against Senin; and that following such judicial
determination, the court issued a warrant of arrest and a com-
mitment order.
preliminary investigation, or
on inquest, preliminary
reinvestigation or automatic
review
The waiver of Article 125 of the RPC does not vest upon the DOJ,
PPO, BJMP, and PNP the unbridled right to indefinitely incarcer-
ate an arrested person and subject him to the whims and
caprices of the reviewing prosecutor of the DOJ. The waiver of
Article 125 must coincide with the prescribed period for prelimi-
nary investigation as mandated by Section 7, Rule 112 of the
Rules of Court. Detention beyond this period violates the ac-
cused’s constitutional right to liberty.
SO ORDERED.
MENDOZA, J.:
G.R. No. 232413, July 25, 2017, IN THE MATTER OF THE PETI-
TION FOR ISSUANCE OF WRIT OF HABEAS CORPUS WITH PE-
TITION FOR RELIEF
Citations omitted.
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