Law amended: Revised Penal Code, Article 125
- Section 1 amends Article 125 of Act No. 3815, otherwise known as the Revised Penal Code, as amended.
- Article 125 is titled “Delay in the delivery of detained persons to the proper judicial authorities.”
- Section 1 extends the period within which a detained person must be delivered to the proper judicial authorities.
Covered conduct and responsible persons
- Article 125 imposes liability on a public officer or employee who detains any person for some legal ground.
- Article 125 applies when the public officer or employee shall fail to deliver the detained person to the proper judicial authorities within the prescribed periods.
Required delivery deadlines by penalty class
- Article 125 requires delivery within six hours for crimes or offenses punishable by light penalties, or their equivalent.
- Article 125 requires delivery within nine hours for crimes or offenses punishable by correctional penalties, or their equivalent.
- Article 125 requires delivery within eighteen hours for crimes or offenses punishable by affective or capital penalties, or their equivalent.
- Article 125 provides that the penalties in the next preceding article shall be imposed upon the responsible public officer or employee who violates these delivery deadlines.
Rights of the detained person
- Article 125 requires that, in every case, the detained person must be informed of the cause of detention.
- Article 125 entitles the detained person, upon request, to communicate and confer at any time with his attorney or counsel.