Further Amending Article 125 of The Revised Penal Code, As Amended.

Case Overview and Summary

Summary of Presidential Decree No. 1404

Amending Article 125 of the Revised Penal Code on Delay in the Delivery of Detained Persons

- Extends the time limits for delivering detained persons to judicial authorities in the interest of national security and public order. (Section 1)
- Time limits for delivery based on the severity of the offense:
    - 6 hours for crimes punishable by light penalties or equivalent
    - 9 hours for crimes punishable by correctional penalties or equivalent
    - 18 hours for crimes punishable by afflictive or capital penalties or equivalent
- The President may authorize longer periods, not exceeding 30 days, or for as long as the conspiracy continues, for delivering persons arrested for crimes against public order defined in Title III, Book II of the Revised Penal Code, including Articles 134, 136, 138, 139, 141, 142, 143, 144, 146, and 147, and for acts violating Republic Act No. 1700 as amended by Presidential Decree No. 885. (Section 1)
- Factors to consider for extending the period include the gravity of the offense, the number of persons arrested, the threat to national security or public safety and order, and the occurrence of a public calamity or emergency situation preventing early investigation and filing of information. (Section 1)
- Detained persons shall be informed of the cause of detention and allowed to communicate with their attorney or counsel and be visited by immediate relatives. (Section 1)
- Repeals or modifies inconsistent acts, executive orders, proclamations, presidential decrees, general orders, letters of instruction, rules, and regulations. (Section 2)
- Pending the President's Executive Order, the detention of persons arrested for offenses against public order shall continue to be governed by General Orders No. 2 (as amended by General Orders No. 60 and 62). (Section 3)
- The decree takes effect immediately. (Section 4)