Policy statement and purpose
- The Executive Order is issued to promote public safety and order.
- The Executive Order ensures that a reasonable and sufficient period is available for adequate and thorough investigation of persons detained on legal grounds.
Amendment to Article 125 (key penalties)
- Article 125 is amended as “Delay in the delivery of detained persons to the proper judicial authorities.”
- A public officer or employee who detains any person for some legal ground and fails to deliver the detained person to the proper judicial authorities within the required period is liable.
- The penalties provided in the next preceding article apply to the officer or employee for such failure.
- The required detention-delivery periods are:
- 12 hours for crimes or offenses punishable by light penalties, or their equivalent;
- 18 hours for crimes or offenses punishable by correctional penalties, or their equivalent;
- 36 hours for crimes or offenses punishable by afflictive or capital penalties, or their equivalent.
Rights of the detained person
- In every case, the detained person must be informed of the cause of detention.
- In every case, the detained person must be allowed, upon request, to communicate and confer at any time with his attorney or counsel.
Repeal and modification clause
- All laws, orders, issuances, rules, and regulations, or parts thereof, that are inconsistent with Executive Order No. 272 are repealed or modified accordingly.