‘Invited for questioning’ means a person is in detention–DOJ

There may be no formal arrest but an invitation for questioning from law enforcement authorities is now considered “in detention,” a Department of Justice (DOJ) circular stated.

Department Circular No. 50-A provides for the definition of the terms “detention” and “arrest” and clarifies that as a rule, the detention period begins at the moment of arrest.

“Person/s who are not formally arrested but are invited for questioning are also considered ‘in detention,'” the DOJ circular stated as it defines detention as “the curtailment of a person’s liberty.”

The DOJ issued additional guidelines in the period of detention because “current laws, guidelines and jurisprudence do not explicitly state when the period of detention begins to run including those under custodial investigations.”

The DOJ said the “12-18-36” period of detention also applies to custodial investigation.

The 12, 18, 36, which applies to the number of hours, will apply to those arrested without warrant. The count will start from the moment of arrest.

Those arrested for light offenses must be brought to proper judicial authorities within 12 hours from the moment of arrest, 18 for moderate offenses and 36 for heinous crimes.

“Simplified and clear guidelines will translate into meaningful rule of law,” the DOJ said.

“The protection of human rights especially of arrested and detained persons is a priority of the Department…We continue to take proactive approaches through our Criminal Code Committee (CCC) issuances,” Justice Secretary Leila de Lima said. Tetch Torres-Tupas