DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITY     (Art. 125 of REVISED PENAL CODE OF THE PHILIPPINES )

Q: What are the elements of this crime?
A:
1. Offender is a public officer or employee
2. He has detained a person for some legal
ground
3. He fails to deliver such person to the
proper judicial authorities within:
a. 12 hours for crimes/offenses
punishable by light penalties or their
equivalent;
b. 18 hours for crimes/offenses
punishable by correctional penalties
or their equivalent;
c. 36 hours for crimes/offenses
punishable by afflictive penalties or
their equivalent.
Q: What are the circumstances considered in
determining liability of officer detaining a person
beyond legal period?
A:
1. The means of communication
2. The hour of arrest
3. Other circumstances such as the time of
surrender and material possibility of the
fiscal to make the investigation and file in
time the necessary information.
Q: What situations are contemplated by Art. 125?
A: Art. 125 contemplates a situation where arrest
was made without a warrant but there exists a legal
ground for the arrest. It does not apply when the
arrest is on the strength of a warrant of arrest,
because in the latter case, a person arrested can be
detained indefinitely until his case is decided by the
court or he posts bail for his temporary release.
Q: Under Art. 125, when does the detention
becomes arbitrary?
A: The detention becomes arbitrary when the
period thereof exceeds 12, 18 or 36 hours as the
case may be, depending on whether the crime is
punished by light, correctional or afflictive penalty
or their equivalent.
Q: What is meant by delivery?
A: Delivery means the filing of correct information
or complaint with the proper judicial authorities. It
does not mean physical delivery or turnover of
arrested person to the court.
Q: What is meant by proper judicial authorities?
A: It refers to the courts of justice or judges of said
courts vested with judicial power to order the
temporary detention or confinement of a person
charged with having committed a public offense.
Q: If a person is arrested pursuant to a warrant of
arrest, within what period should a police officer
turn over the arrested person to the judicial
authority?
A: There is no time limit specified except that the
return must be made within a reasonable time. The
period fixed by law under Art. 125 does not apply
because the arrest was made by virtue of warrant
of arrest.
Q: Should the person arrested without a warrant
opt to avail his right to a preliminary investigation,
what must he execute?
A: Under the Revised Rules of Court, he should
waive in writing his rights under Art. 125.
Note: Waiver must be under oath and with the
assistance of counsel
Q: What is the length of waiver?
A:
1. Light offense‐ 5 days
2. Serious and less serious offenses ‐7 to 10
days
Q: What if the person arrested does not want to
waive his rights under Art. 125?
A: The arresting officer will have to comply with Art.
125 and file the case immediately in court without
preliminary investigation.
Note: The filing of the information in court beyond the
specified period does not cure illegality of detention
hence detaining officer is still liable for under Art. 125.
Neither does it affect the legality of the confinement
under process issued by the court.