Criminal Cases and Procedure,  Criminal Law

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

Q: What are the punishable acts?
A:
1. Delaying the performance of judicial or
executive order for the release of a
prisoner
2. Unduly delaying the service of the notice
of such order to said prisoner
3. Unduly delaying the proceedings upon
any petition for the liberation of such
person.
Q: What are the elements of delaying release?
A:
1. Offender is a public officer or employee
2. There is a judicial executive order for the
release of the prisoner or detention
prisoner, or that there is a proceeding
upon a petition for the liberation of such
person
3. Offender without good reason delays:
a. Service of notice of such order to the
prisoner, or
b. Performance of such judicial or
executive order for the release of the
prisoner, or
c. Proceedings upon a petition for the
release of such person.
Note: The prisoners could be prisoners by final
judgment or detention prisoners.
Wardens and jailers are the officers most likely to
violate this provision.
EXPULSI

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