What is delay in delivery of detained person to proper judicial authorities?

He explained that Article 125 of the Revised Penal Code or the “delay in the delivery of detained persons to the proper judicial authorities” provides that persons arrested and detained for legal grounds should be delivered to judicial authorities within the period of 12 hours (for crimes or offenses punishable by …

Why is Article 125 very important?

Article 125 provides penalties against the public officer or employee who shall delay in the delivery of detained persons to the proper judicial authorities within the period of: 12 hours, 18 hours, or 36 hours, depending on the gravity of the offense.

Can preliminary investigation be waived?

— The right to a preliminary investigation is not a fundamental right and may be waived expressly or by silence. Failure of accused to invoke his right to a preliminary investigation constituted a waiver of such right and any irregularity that attended it.

What are the 3 classes of arbitrary detention?

CLASSES OF ARBITRARY DETENTION:

• By detaining a person without legal ground.
• Delay in the delivery of detained persons to the proper judicial authorities.
• Delaying release.

Can the accused waive his right to pi?

The right to a preliminary investigation is a personal right conferred by statute and may be waived.

How long can you be detained without charges Philippines?

Article 7 Section 18 of the Constitution provides for a maximum of three days’ detention of a suspect without any charges being filed on two conditions: (1) The writ of habeas corpus has been suspended. (2) The case is rebellion or invasion and public safety requires detention of the suspect.

What is difference between arbitrary detention and illegal detention?

Detention may be illegal without being arbitrary and vice-versa. Illegality simply means that the law has not be complied with, whereas arbitrary refers to the inappropriate, unjust, unforeseeable or disproportionate nature of the detention.

Why is art 125 very important?

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