Title
Extended Legal Detention Periods under RP Code
Law
Republic Act No. 1083
Decision Date
Jun 15, 1954
Republic Act No. 1083 amends Article 125 of the Revised Penal Code to extend the period of legal detention, establish time frames for delivering detained individuals to judicial authorities, and ensure the rights of the detained person, while repealing or amending any inconsistent laws or regulations.

Q&A (Republic Act No. 1083)

The main purpose of Republic Act No. 1083 is to amend Article 125 of the Revised Penal Code by extending the legal period of detention before a detained person must be delivered to the proper judicial authorities, depending on the severity of the crime.

The new detention periods under RA 1083 are: six hours for crimes punishable by light penalties or their equivalent; nine hours for crimes punishable by correctional penalties or their equivalent; and eighteen hours for crimes punishable by afflictive or capital penalties or their equivalent.

Public officers or employees who detain any person for some legal ground but fail to deliver such person to the proper judicial authorities within the prescribed period are subject to penalties.

Every detained person must be informed of the cause of their detention and, upon request, must be allowed to communicate and confer at any time with their attorney or counsel.

The types of penalties are light penalties, correctional penalties, and afflictive or capital penalties. The length of detention varies accordingly.

Article 125 of the Revised Penal Code was amended by Republic Act No. 1083.

They shall be subject to the penalties provided in the preceding article of the Revised Penal Code concerning delay in the delivery of detained persons.

The law applies to detention done for some legal ground, but which does not comply with timely delivery to the proper judicial authorities.

All acts, executive orders, proclamations, rules, and regulations or parts thereof inconsistent with the provisions of this Act are repealed or amended accordingly.

Republic Act No. 1083 took effect upon its approval on June 15, 1954.


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