DELAYING RELEASE   (Art. 126 of the REVISED PENAL CODE OF THE PHILIPPINES )

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Q: What are the legal violations leading to punishments?
A:
1. Unjustifiably delaying the implementation of a court or executive order for a prisoner’s release
2. Inappropriately delaying the delivery of notice for such an order to the concerned prisoner
3. Unwarranted delay in proceedings related to any petition for the individual’s liberation.

Q: What constitutes the elements of undue delay in prisoner release?
A:
1. The wrongdoer is a government officer or employee
2. There exists a court or executive order for the liberation of a prisoner or detainee, or a proceeding upon a petition for such a person’s liberation
3. The offending party, without a legitimate reason, delays:
a. The delivery of notice of such order to the prisoner, or
b. The implementation of the court or executive order for the prisoner’s release, or
c. The proceedings related to a petition for the liberation of such a person.

Please note: The prisoners involved can either be individuals sentenced by final judgment or detention prisoners. This provision is most commonly violated by prison wardens and jailers.

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