Legal basis and amendment made
- Section 1 amends Article 125 of Act No. 3815, the Revised Penal Code.
- The amendment extends the rule governing delay in the delivery of detained persons by public officers or employees.
- Section 2 repeals all acts or parts of acts inconsistent with the act.
Substantive rule on detention delay
- Article 125 imposes the penalties under the next preceding article for a qualifying delay in delivery of a detained person.
- Article 125 applies to a public officer or employee who detains a 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.
- The required delivery period is within six hours.
Operative standard and triggering condition
- The legal trigger is failure to deliver the detained person to the proper judicial authorities.
- The timeframe for delivery is measured against the statutory period of six hours.
- The duty operates even when the detention is initially supported by some legal ground.
Penalty consequence
- Article 125 directs that the penalties provided in the next preceding article shall be imposed upon the liable public officer or employee.
- Liability under Article 125 arises when all conditions concur: (1) legal-ground detention, and (2) failure to deliver within six hours.
Repeal and effectivity
- Section 2 repeals all acts or parts of acts inconsistent with Act No. 3940.
- Section 3 provides that the act takes effect on its approval on November 29, 1932.