Title
Amendment to Article 125 on Detention Limits
Law
Executive Order No. 272
Decision Date
Jul 25, 1987
Corazon C. Aquino's Executive Order No. 272 amends Article 125 of the Revised Penal Code to establish strict time limits for the detention of individuals, ensuring they are delivered to judicial authorities within specified hours and informed of the reasons for their detention.

Questions (EXECUTIVE ORDER NO. 272)

It aims to give a reasonable and sufficient period to conduct adequate and thorough investigation of persons detained for some legal grounds, in the interest of public safety and order.

It further amended Article 125 of the Revised Penal Code, as amended.

The penalties provided in the next preceding article (Article 124) are imposed on the public officer or employee who detains a person for some legal ground and fails to deliver the person to the proper judicial authorities within the prescribed period.

Twelve (12) hours from detention.

Eighteen (18) hours from detention.

Thirty-six (36) hours from detention.

It refers to the maximum time within which the detained person must be delivered to the proper judicial authorities after being detained for some legal ground.

Yes. In every case, the person detained shall be informed of the cause of detention.

The detained person shall be allowed, upon his request, to communicate and confer at any time with his attorney or counsel.

It means the detained person’s right to consult with counsel is not limited to a particular time window; it is available whenever requested.

It states that all laws, orders, issuances, rules and regulations, or parts thereof inconsistent with EO 272 are repealed or modified accordingly.

Thirty (30) days following its publication in the Official Gazette.

They indicate that the time limits apply not only to penalties expressly classified as such, but also to cases where the punishment is considered equivalent in classification for purposes of the article.

The officer or employee is subject to the penalties provided in the next preceding article (Article 124), which are imposed for the unlawful delay.

A public officer/employee must (1) detain a person for some legal ground, and (2) fail to deliver the detained person to the proper judicial authorities within the period specified by the classification of the offense, and (3) in every case, the detention must comply with the requirement that the detainee be informed of the cause of detention and allowed to confer with counsel upon request.


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