QuestionsQuestions (Act No. 3940)
It extends the period of legal detention before delivery to the proper judicial authorities by amending Article 125 of the Revised Penal Code.
Article 125 (Delay in the delivery of detained persons to the proper judicial authorities).
A public officer or employee who, for some legal ground, detains a person and fails to deliver such person to the proper judicial authorities within the prescribed period.
Within six (6) hours.
The punishment for violating Article 125 is taken from the penalties stated in the immediately preceding article of the Revised Penal Code.
A public officer or employee who detains a person on some legal ground and fails to deliver the detained person to the proper judicial authorities within the required period.
It refers to the failure to deliver a detainee to the proper judicial authorities within the legally prescribed time after lawful detention.
It means the initial detention is justified or legally authorized; the criminal liability arises from the failure to timely deliver the detainee to judicial authorities.
The public officer or employee detains a person for a legal ground but does not deliver the detainee to the proper judicial authorities within six hours.
Yes. The liability is based on the failure to deliver within six hours, despite the detention being for a legal ground.
All acts or parts of acts inconsistent with Act No. 3940 are repealed.
On its approval.
Because the exact penalty is not stated directly in Article 125; students must look at the immediately preceding article to identify the corresponding penalties.
(1) the accused is a public officer/employee; (2) he detains a person for some legal ground; (3) he fails to deliver the detained person to proper judicial authorities within six hours; (4) the penalty is based on the next preceding article.
Yes. Delivering after more than six hours would constitute failure to deliver within the period required by the amended Article 125.