QuestionsQuestions (DOE DEPARTMENT CIRCULAR NO. DC2014-01-0001)
Executive Order No. 272 is titled “Further Amending Article 125 of the Revised Penal Code, as Amended.” Its purpose is to give a reasonable and sufficient period to conduct adequate and thorough investigation of persons detained on legal grounds, in the interest of public safety and order.
Article 125 of the Revised Penal Code.
The penalties in the next preceding article apply to a public officer or employee who detains a person for some legal ground and fails to deliver that person to the proper judicial authorities within the prescribed periods.
Twelve (12) hours.
Eighteen (18) hours.
Thirty-six (36) hours.
A public officer or employee who detains a person for some legal ground.
The detained person must be informed of the cause of his detention.
Upon the detained person’s request, he must be allowed, at any time, to communicate and confer with his attorney or counsel.
The penalties provided in the next preceding article shall be imposed on the public officer or employee.
It repeals or modifies, as needed, all laws, orders, issuances, rules, and regulations (or parts thereof) inconsistent with the Executive Order.
Thirty (30) days following its publication in the Official Gazette.
There must be (1) detention by a public officer/employee for some legal ground, and (2) failure to deliver the detained person to the proper judicial authorities within the applicable time limit, after which the detained person must also have been informed of the cause and allowed communication with counsel upon request.
It states that a reasonable and sufficient period is needed to conduct adequate and thorough investigation of persons detained for legal grounds.
It indicates that when the penalty classification does not fit exactly into “light,” “correctional,” or “afflictive/capital,” the time limits should be based on the equivalent penalty category under the law.