Amendment to Article 125 on Detention Limits

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EXECUTIVE ORDER NO. 272: Amendment to Article 125 on Detention Limits

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Title Source: Supreme Court: 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.

Law Summary

Time Limits for Delivery of Detained Persons

For persons detained for crimes punishable by light penalties or their equivalent, delivery must occur within 12 hours.
For those detained for crimes punishable by correctional penalties or their equivalent, the time limit is 18 hours.
For crimes punishable by afflictive or capital penalties or their equivalent, the delivery period extends to 36 hours.

Duty of Public Officers or Employees

Public officers or employees detaining individuals for legal grounds are required to deliver such individuals to the proper judicial authorities within the specified period.
Failure to comply subjects the public officer or employee to the penalties prescribed in the preceding article of the Revised Penal Code.

Rights of the Detained Person

The detained person must be informed of the cause of their detention without delay.
Upon request, the detainee must be allowed to communicate and confer at any time with their attorney or counsel.

Repeal and Modification of Inconsistent Provisions

All laws, orders, issuances, rules, and regulations or parts thereof inconsistent with this Executive Order are repealed or modified accordingly.

Effectivity

The Executive Order shall take effect thirty (30) days after its publication in the Official Gazette.

END