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Delay in The Delivery of Detained Persons To The Proper Judicial Authorities. - The

This document discusses Article 125 of the Revised Penal Code, which penalizes public officers or employees who delay in delivering detained persons to proper judicial authorities. Specifically: 1. It applies when a public officer detains someone for a legal reason but fails to deliver them to judicial authorities within 12 hours for minor crimes, 18 hours for serious crimes, or 36 hours for grave crimes. 2. The detained person must be informed of the cause of their detention and allowed to contact/confer with their lawyer upon request. 3. Article 125 aims to prevent public officers from unlawfully detaining individuals beyond mandated time periods before presenting them to judicial authorities.

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262 views1 page

Delay in The Delivery of Detained Persons To The Proper Judicial Authorities. - The

This document discusses Article 125 of the Revised Penal Code, which penalizes public officers or employees who delay in delivering detained persons to proper judicial authorities. Specifically: 1. It applies when a public officer detains someone for a legal reason but fails to deliver them to judicial authorities within 12 hours for minor crimes, 18 hours for serious crimes, or 36 hours for grave crimes. 2. The detained person must be informed of the cause of their detention and allowed to contact/confer with their lawyer upon request. 3. Article 125 aims to prevent public officers from unlawfully detaining individuals beyond mandated time periods before presenting them to judicial authorities.

Uploaded by

Evielyn Mateo
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© © All Rights Reserved
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Article 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. The offender is a public officer or employee
2. That he has detained a person for some legal grounds
3. That he fails to deliver such person to the proper judicial authority within:
a. 12 hrs = if detained for crimes/offenses punishable by light penalties
b. 18 hrs =for crimes/offenses punishable by correctional penalties of their equivalent
c. 36 hrs= for crimes/offenses punishable by capital punishment or afflictive penalties or
their equivalent

If the detention or arrest is for a legal ground, but the public officer delays delivery of the person
arrested to the proper judicial authorities, then Article 125 will apply.

Note that this felony may also be committed by public officers.


1. In art 125, the detention is for some legal ground while here, the detention is not authorized by
law
2. In art 125, the crime pertains to failure to deliver the person to the proper judicial authority
within the prescribed period while here, the arrest is not
authorized by law

Pag hinawakan na ng pulis, the police officer will bring the child immediately to the prosecutor and the
latter uutusan dalhin si former sa DSWD. Under the law, even if the police officer, has the authority to
determine if the child has acted with discernment. The reason for immediate turnover to the prosecutor
because they are for Art. 125 of the RPC.

SPO1 officer apprehended X who was selling replicas of firearms, he ordered X to stay in the
police car for 4 hours. What crimes did SPO1 commit?

This requires your knowledge on the difference of arbitrary detention (124), delay (125), unlawful arrest,
grave coercion (286) and abduction (132). Arbitrary detention is the opposite of 167. In 167 there is no
lawful cause to arrest. Both in 124 and 167, there is no cause to arrest. They only differ in the offenders
because in 124, the offender is a public officer or employer in the discharge of his duties. In 167, the
offender is a private individual or a public officer in his private capacity. In both 124 and 167, there is no
cause to arrest. How will you distinguish these from unlawful arrest? In unlawful arrest, a private individual
or a public officer in his private capacity is not in the discharge of his duties. He arrests them without
lawful cause but the purpose is to deliver them to the public authorities. In the problem given, there was
no intention to bring X to the police station. He just required X to stay in the police car. Was there a lawful
arrest? No. Because under RA 10591, selling of replicaS is not punishable.

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