1. Concept
| Article 125. Delay in the delivery of detained persons to the proper judicial authorities. – The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of; twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent. In every case, the person detained shall be informed of the cause of his detention and shall be allowed upon his request, to communicate and confer at any time with his attorney or counsel. (Act No. 3815, Revised Penal Code) |
2. Mode of commission
Elements of the offense:
1) The offender is a public officer or employee;
2) He detains any person for some legal ground; and
3) He fails to deliver such person to the proper judicial authorities within the period of:
(a) 12 hours – for crimes or offenses punishable by light penalties, or their equivalent;
b) 18 hours – for crimes or offenses punishable by correctional penalties, or their equivalent; and
c) 36 hours – for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent.
3. Right to be informed
In every case, the person detained shall be informed of the cause of his detention and shall be allowed upon his request, to communicate and confer at any time with his attorney or counsel. (Paragraph 2, Article 125, Ibid.)
