Article 125 Delay in the delivery of detained persons to the proper judicial authorities

Question 1

What are the elements of Delay in the Delivery of Detained Persons to the Proper Judicial Authorities?

Answer 1

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 hour for light penalties;
   b. 18 hours for correctional penalties; and
   c. 36 hours for afflictive or capital penalties.

Question 2

Does this apply to arrest with warrant?

Answer 2

No.This article does not apply if the arrest is with a
warrant. The situation contemplated here is an arrest by virtue of some legal ground or valid warrantless arrest. This is known as citizen‘s arrest. If the arrest was made by virtue of a warrant of arrest, one can be detained indefinitely until case is decided or he post a bail for his temporary release.

Question 3

What should the officer do in case of citizen arrest?

Answer 3

The public officer must cause a formal charge or
application to be filed with the proper court before
12, 18 or 36 hours lapse. Otherwise he has to
release the person arrested.

Question 4

Who are the PROPER JUDICIAL AUTHORITIES?

Answer 4

It refers to refers to the court of justice or judges of said courts vested with judicial power to order the temporary detention or confinement of a person charged with having committed a public offense. It also includes prosecutor‘s office.

Question 5

What does the word ‘deliver’ mean?

Answer 5

“Deliver” 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.

Question 6

How can Article 125 be waived?

Answer 6

According to RA 7438, Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or under custodial investigation, shall be in writing and signed by such person in the presence of his counsel.

Question 7

What are the elements of custodial

investigation?

Answer 7

According to RA 7438,The elements of custodial 
investigation are:
o The suspect is deprived of 
liberty in any significant 
manner; 
o The interrogation is initiated 
by law enforcement 
authorities;
o The interrogation is 
inculpatory in character.

Question 8

What rights are conferred under Article 125?

Answer 8

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.

Question 9

Where should the officer file charges ?

Answer 9

City:Office of the City Prosecutor.
Direct filing in court is not allowed.

Province:
1. Offense requires preliminary investigation
(penalty is more than 4 years and 2 months) –
file with the proper officer authorized to
conduct preliminary investigation (Provincial
Prosecutor)
2. Offense does not require preliminary
investigation – file with the MTC/MTTC.

Question 10

What are Circumstances Considered in Determining
Liability of Officer Detaining a Person Beyond
the Legal Period?

Answer 10

1. The means of communication
2. The hour of arrest
3. Other circumstances such as the time of surrender
   and the material possibility of the prosecutor to
   make the investigation and file in time the
   necessary information.