1. Concept
| Article 126. Delaying release. – The penalties provided for in Article 124 shall be imposed upon any public officer or employee who delays for the period of time specified therein the performance of any judicial or executive order for the release of a prisoner or detention prisoner, or unduly delays the service of the notice of such order to said prisoner or the proceedings upon any petition for the liberation of such person. (Act No. 3815, Revised Penal Code) |
2. Modes of commission
2 modes of committing the offense:
1) Delay for the release of a prisoner or detention prisoner; and
2) Unduly delays in the service of the notice.
a. Delay for the release of a prisoner or detention prisoner
Elements of the offense:
1) The offender is a public officer or employee; and
2) He delays for the period of time specified therein the performance of any judicial or executive order for the release of a prisoner or detention prisoner.
b. Unduly delays in the service of the notice.
Elements of the offense:
1) The offender is a public officer or employee; and
2) He unduly delays the service of the notice of such order to said prisoner or the proceedings upon any petition for the liberation of such person.
