How Long Can Police Detain You Without Charges? (12, 18, 36 Hours)
Quick answer
Police may hold a person they arrested for a legal reason only for a limited time before delivering him or her to the proper judicial authorities. Under Article 125 of the Revised Penal Code, as amended by Executive Order No. 272, the limit is 12 hours for offenses punishable by light penalties, 18 hours for correctional penalties, and 36 hours for afflictive or capital penalties. In every case, the person must be told why he or she is detained and may talk to a lawyer at any time on request.
What does Article 125 say?
The current text of Article 125 comes from Executive Order No. 272 (1987):
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 persons 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.
The article is about a lawful detention ("for some legal ground"), such as a valid warrantless arrest. It sets a deadline. An officer who misses it is punished with the penalties of the "next preceding article", Article 124 on arbitrary detention. Those penalties grow with the length of the detention.
Which limit applies: 12, 18 or 36 hours?
It depends on the penalty for the offense, not on what the police think of the person. Article 25 of the Code groups penalties into classes:
| Hours | Penalty class (Article 25) | Penalties in the class | Duration (Article 27, as amended) |
|---|---|---|---|
| 12 hours | Light | Arresto menor, public censure | Arresto menor: 1 to 30 days |
| 18 hours | Correctional | Prision correccional, arresto mayor, suspension, destierro | Prision correccional: 6 months 1 day to 6 years; arresto mayor: 1 month 1 day to 6 months |
| 36 hours | Afflictive or capital | Reclusion perpetua, reclusion temporal, prision mayor, disqualification; death (now prohibited) | Prision mayor: 6 years 1 day to 12 years; reclusion temporal: 12 years 1 day to 20 years; reclusion perpetua: 20 years 1 day to 40 years |
For the full list of durations, see Duration of penalties under the Revised Penal Code.
Two examples: homicide is punished by reclusion temporal (Article 249), so 36 hours apply. Murder is punished by reclusion perpetua, so 36 hours apply too.
What rights does a detained person have under Article 125?
The second paragraph applies "in every case":
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.
So the detained person must be told the reason for the detention, and must be allowed to talk to his or her lawyer at any time, when he or she asks.
What is a waiver of Article 125?
After a lawful warrantless arrest, the prosecutor may file the case without a preliminary investigation, provided an inquest has been conducted (Rule 112, Section 7). If no inquest prosecutor is available, the offended party or a peace officer may file the complaint directly in court. The arrested person may instead ask for a preliminary investigation before the case is filed. To do so:
- he or she must sign a waiver of the provisions of Article 125;
- the waiver must be signed in the presence of counsel;
- even with the waiver, he or she may apply for bail; and
- the preliminary investigation must end within 15 days from its start.
If the case is filed in court without a preliminary investigation, the accused may ask for one within 5 days from learning of the filing.
What happens after the case is filed?
The person can apply for bail. If the offense is not punishable by death, reclusion perpetua or life imprisonment, bail is a right before conviction by the Regional Trial Court (Rule 114, Section 4). See How much is bail? and Is murder bailable?
How does this work in real life?
These are made-up examples. They are not advice for any real case.
Joy is arrested for an offense punishable by prision correccional, a correctional penalty. Under Article 125, the limit for delivering her to the proper judicial authorities is 18 hours.
Dante is arrested for homicide after a fight. Homicide is punished by reclusion temporal, an afflictive penalty, so the limit is 36 hours. Dante wants to present his side in a full preliminary investigation. With his lawyer present, he signs a waiver of Article 125. He can still apply for bail.
Ely is arrested for an offense punishable only by arresto menor, a light penalty. The limit is 12 hours.
For the rules on when the arrest itself is valid, see When can police arrest you without a warrant?
When do you need a lawyer?
As soon as possible after an arrest, and always before signing a waiver of Article 125, because the law requires counsel to be present. A lawyer can check the arrest, ask for a preliminary investigation and apply for bail. If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO).
Which provisions does this answer rest on?
Frequently asked questions
How many hours can police detain you in the Philippines?
Under Article 125 of the Revised Penal Code, as amended by Executive Order No. 272: 12 hours for offenses punishable by light penalties, 18 hours for correctional penalties, and 36 hours for afflictive or capital penalties. Within that time the detained person must be delivered to the proper judicial authorities.
What happens to an officer who goes beyond the time limit?
Article 125 punishes the public officer or employee who fails to deliver the detained person in time with the penalties of Article 124 (arbitrary detention), which grow with the length of the detention.
Can a detained person talk to a lawyer?
Yes. Article 125 says that in every case the detained person shall be informed of the cause of the detention and shall be allowed, upon request, to communicate and confer at any time with his or her attorney or counsel.
What is a waiver of Article 125?
A person arrested without a warrant who wants a preliminary investigation before the case is filed must sign a waiver of Article 125 in the presence of counsel (Rule 112, Section 7). He or she can still apply for bail, and the investigation must end within 15 days.
Which crimes fall under 36 hours?
Those punishable by afflictive penalties, such as reclusion perpetua, reclusion temporal and prision mayor (Article 25). Murder and homicide are examples.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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