Practice question
A valid warrantless-arrest referral lacks required evidence. The referring officers fail to complete it within the applicable Article 125 period. Under D.C. No. 015, what is the prescribed response?
- Release the arrested person and return or refer the records as provided for possible refiling
- Keep the person detained until officers finish regardless of time
- Convict based on the incomplete referral
- Require the respondent to prove innocence before release
- Treat missing evidence as conclusively supplied
Legal references
- https://comanialaw.com/doj-department-circular-no-015-series-of-2024/ — Reproduced DOJ D.C. No. 015, series of 2024, §§12–20 (inquest and remedies); issuance upheld in Meking.
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/4/70233 — Meking v. Remulla, G.R. No. 280455, November 11, 2025, EN BANC MAIN decision (DOJ-NPS rules and executive charging standard).
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