Article 125 of the Revised Penal Code: Delay in delivering detained persons (12/18/36 hours)
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Act No. 3940 (Wording as amended by this law.)
- Amended by: Republic Act No. 1083 (Wording as amended by this law.)
- Amended by: Presidential Decree No. 1404 (Wording as amended by this law.)
- Amended by: Executive Order No. 272 (Wording as amended by this law.)
What does Article 125 say?
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.
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.
What does it mean in plain language?
Article 125 limits how long a person who was lawfully arrested can be held before being delivered to the proper judicial authorities: 12 hours for crimes punishable by light penalties, 18 hours for correctional penalties, and 36 hours for afflictive or capital penalties. An officer who holds the person longer can be punished. The person detained must also be told why and may talk to a lawyer.
This article is about detention that started for a legal reason, for example a valid arrest without a warrant. Detention without any legal ground is a different crime, arbitrary detention under Article 124.
How does it work in real life?
Joy: arrested at 9 p.m.
Joy is arrested without a warrant at 9 p.m. for a crime punishable by prision correccional, a correctional penalty. Under Article 125, the officers must deliver her to the proper judicial authorities within 18 hours, and she must be told the reason for her detention. If she asks to speak to her lawyer, they must allow it.
Nonoy: caught in the act
A tanod sees Nonoy snatch a phone and run. Under Rule 113, Section 5 of the Rules of Criminal Procedure, a person caught in the act may be arrested without a warrant and must be delivered "forthwith" to the nearest police station or jail. Article 125 then limits how long he can be held before being delivered to the proper judicial authorities, depending on the penalty of the crime.
Ben: asks for a preliminary investigation
Ben is arrested without a warrant and wants a full preliminary investigation instead of an inquest. Under Rule 112, Section 7, he may ask for one, but he must sign a waiver of Article 125 with his lawyer present. Even after the waiver, he may apply for bail.
What does this mean in practice?
- It applies after a lawful arrest. The periods matter mostly for warrantless arrests. See when can police arrest you without a warrant?.
- Ask for a lawyer. The right to confer with counsel applies "at any time" upon request. If you cannot afford one, see find legal help.
- Bail is a separate question. See how much is bail? and is murder bailable?.
- For a full explanation, read how long can police detain you without charges?.
What are the 12, 18 and 36 hour periods?
| The crime the person is held for is punishable by | Deadline to deliver to the proper judicial authorities | Examples of penalties in that class |
|---|---|---|
| Light penalties, or their equivalent | 12 hours | Arresto menor, public censure |
| Correctional penalties, or their equivalent | 18 hours | Prision correccional, arresto mayor |
| Afflictive or capital penalties, or their equivalent | 36 hours | Reclusion perpetua, reclusion temporal, prision mayor |
The classes of penalties come from Article 25 of the Code. The deadline depends on the penalty of the crime involved, not on how serious the arrest looked.
The article also protects the person detained:
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.
What changed from the original text?
The 1930 text, still printed on the Supreme Court E-Library, gave only one hour. Later laws changed the article several times. The current wording, with the 12, 18 and 36 hour periods, comes from Executive Order No. 272 (1987).
Who can be punished, and with what penalty?
Article 125 punishes a public officer or employee, such as a police officer, who detains a person for some legal ground and fails to deliver that person on time. The penalties are "the penalties provided in the next preceding article", which is Article 124 on arbitrary detention. Under Article 124, the penalty grows with the length of the detention: from arresto mayor in its maximum period to prision correccional in its minimum period when it has not exceeded three days, up to reclusion temporal when it exceeds six months.
Frequently asked questions
How long can police detain a person without charges in the Philippines?
Article 125 sets 12 hours for crimes punishable by light penalties, 18 hours for correctional penalties and 36 hours for afflictive or capital penalties. Within that time, the person must be delivered to the proper judicial authorities.
Who can be punished under Article 125?
A public officer or employee who detains a person for a legal ground and fails to deliver that person to the proper judicial authorities within the period. The penalties are those of Article 124 on arbitrary detention.
Does a detained person have a right to see a lawyer?
Yes. Article 125 says the person detained must be told the cause of the detention and, upon request, be allowed to communicate and confer with his or her attorney at any time.
Can the 12-18-36 hour periods be waived?
Yes. Under Rule 112, Section 7 of the Rules of Criminal Procedure, a person arrested without a warrant may ask for a preliminary investigation, but must sign a waiver of Article 125 in the presence of counsel. He or she may still apply for bail.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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