Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. — The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of; twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent.

In every case, the person detained shall be informed of the cause of his detention and shall be allowed upon his request, to communicate and confer at any time with his attorney or counsel. (As amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25, 1987, respectively).


Elements:

(1) Offender is a public officer or employee

(2) He detains a person for some legal ground

(3) He fails to deliver such person to the proper judicial authorities within –

       (a) 12 hours for light penalties
       (b) 18 hours for correctional penalties
       (c) 36 hours for afflictive or capital penalties


Notes:

■ This is applicable only when the arrest is without a warrant. But the arrest must be lawful.

■ At the beginning, the detention is legal since it is in the pursuance of a lawful arrest. Detention becomes arbitrary when the:

(1) Applicable period lapses
(2) Without the arresting officer filing a formal charge with the proper court.

■ The periods stated are counted only when the prosecutor’s office is ready to receive the complaint or information. Nighttime is not included in the period.

■ If no charge is filed by the fiscal in court within the period fixed in Art. 125, the arresting officer must release the detainee; otherwise, he will be guilty under Art. 125.

■ “Delivery” means the filing of correct information with the proper court (or constructive delivery -- turning over the person arrested to the jurisdiction of the court). The purpose is to determine whether the offense is bailable or not. (Upon delivery, judge or court acquires jurisdiction to issue an order of release or of commitment of prisoner.) [Sayo v. Chief of Police (1948)]

■ Before the complaint or information is filed, the person arrested may ask for a preliminary investigation in accordance with Rule 112 of the Revised Rules of Criminal Procedure, but he must sign a waiver of the provisions of Article 125 of the Revised Penal Code in the presence of his counsel. Notwithstanding the waiver, he may apply for bail and the investigation must be terminated within fifteen days from its inception. (Section 7,par. 2, Rule 112 of the Revised Rules of Criminal Procedure)

■ Art 125, RPC is intended to prevent any abuse resulting from confining a person without informing him of his offense and without permitting him to go on bail. (Laurel vs. Misa, 76 Phil 372) 


Illegal detention

If the offender is a private person, the crime is illegal detention, not arbitrary detention. A private individual who makes a lawful arrest must also comply with the requirements prescribed in Art. 125; otherwise, he shall be guilty of illegal detention. 


Arbitrary Detention (Art. 124) vs. Delay in Delivery of Detained Persons (Art. 125)

In Art. 124, the detention is illegal from the beginning. In Art. 125, the detention is legal in the beginning but become illegal after the expiration of periods of time specified without the person detained having been delivered to the proper judicial authority.