Section One.
– ARBITRARY grounds for the detention of any
DETENTION AND EXPULSION person.
Classes of Arbitrary Detention: REQUISITES/ ELEMENTS:
1. Arbitrary Detention (Art. 124) a.) Offender is a public officer or
employee.
2. Delay in the delivery of detained b.) He detains a person.
persons to the proper judicial c.) Detention is without legal
authorities. (Art. 125) ground.
3. Delaying Release. (Art. 126)
The Crime of Arbitrary
4. Expulsion. (Art. 127) Detention assumes several
forms:
1. Detaining a person without legal
Art. 124. Arbitrary detention. — grounds. (Art.124);
Any public officer or employee 2. Having arrested the offended
who, without legal grounds, detains party for legal grounds but without
a person, shall suffer; warrant of arrest, and the public
officer does not deliver the
1. The penalty of arresto mayor in arrested person to the proper
its maximum period to prision judicial authority within the period
correccional in its minimum period, of 12,18 or 36 hours as the case
if the detention has not exceeded may be (Art.125); or
three days; 3. Delaying release by competent
2. The penalty of prision authority with the same period
correccional in its medium and mentioned in number 2 (Art.126).
maximum periods, if the detention
has continued more than three but DETENTION- actual confinement
not more than fifteen days; of a person in an enclosure, or in
3. The penalty of prision mayor, if any manner detaining and
the detention has continued for depriving him of his liberty.
more than fifteen days but not
more than six months; and LEGAL GROUNDS FOR
4. That of reclusion temporal, if the DETENTION:
detention shall have exceeded six a.) The commission of a crime;
months. chanrobles virtual law library
b.) Violent insanity or any other
ailment requiring compulsory
The commission of a crime, or confinement of the patient in a
violent insanity or any other hospital.
ailment requiring the compulsory
confinement of the patient in a LAWFUL WARRANTLESS
hospital, shall be considered legal ARREST:
A peace officer or a private person proper judicial authorities. —
may, without warrant, arrest a The penalties provided in the next
person: preceding article shall be imposed
a.) When, in his presence, the upon the public officer or employee
person to be arrested has who shall detain any person for
committed, is actually committing, some legal ground and shall fail to
or is attempting to commit an deliver such person to the proper
offense; judicial authorities within the
b.) When an offense has just period of; twelve (12) hours, for
been committed and he has crimes or offenses punishable by
probable cause to believe based on light penalties, or their equivalent;
personal knowledge of facts or eighteen (18) hours, for crimes or
circumstances that the person to offenses punishable by correctional
be arrested has committed it; and penalties, or their equivalent and
c.) When the person to be arrested thirty-six (36) hours, for crimes, or
is a prisoner who has escaped offenses punishable by afflictive or
from a penal establishment or capital penalties, or their
place where he is serving a final equivalent.chanrobles virtual law
judgment or is temporarily
confined while the case is pending, In every case, the person detained
or has escaped while being shall be informed of the cause of
transferred from one confinement his detention and shall be allowed
to another. upon his request, to communicate
and confer at any time with his
Paragraphs (a) and (b) refer to attorney or counsel. (As amended by
cases when a suspect is caught in E.O. Nos. 59 and 272, Nov. 7, 1986 and
flagrante delicto or immediately July 25, 1987, respectively).
thereafter, while paragraph (c)
refers to escaping prisoners. ELEMENTS:
a.) Offender is a public officer or
PROBABLE CAUSE-such facts and employee;
circumstances which could lead a b.)He detains a person for some
reasonable discreet and prudent legal ground.
man to believe that an offense has c.) He fails to deliver such person
been committed and that the to the proper judicial authority
object sought in connection with within-
the offense are in the place sought 1.)12 hrs. for light penalties
to be searched. 2.) 18 hrs. for correctional
penalties
3.) 36 hrs. for afflictive or
capital penalties
Art. 125. Delay in the delivery
of detained persons to the
This is applicable only when 2.) A proceeding upon a
the arrest is without warrant, but petition for the liberation of such
the arrest must be lawful. person
DELIVERY means the filing of c.) Offender without good reason
correct information with the proper delays-
court (or constructive delivery- 1.) The service of the notice
turning over the person arrested to of such order to the prisoner
the jurisdiction of the court.) 2.) The performance of such
judicial or executive order for the
PROPER JUDICIAL release of the prisoner; or
AUTHORITIES 3.) The proceedings upon a
Means courts of justice or judges of petition for the release of such
said court vested with judicial person
power to order the temporary
detention or confinement of a Wardens and jailers are the public
person charged with having officers most likely to violate Art.
committed a public offense, that is, 126.
the Supreme Court and such
inferior courts as may be Art. 127. Expulsion. — The
established by law. penalty of prision correccional shall
be imposed upon any public officer
Art. 126. Delaying release. — or employee who, not being
The penalties provided for in Article thereunto authorized by law, shall
124 shall be imposed upon any expel any person from the
public officer or employee who Philippine Islands or shall compel
delays for the period of time such person to change his
specified therein the performance residence.chanrobles virtual law library
of any judicial or executive order
for the release of a prisoner or ELEMENTS:
detention prisoner, or unduly a.) Offender is a public officer or
delays the service of the notice of employee
such order to said prisoner or the b.) He either-
proceedings upon any petition for 1.) expels any person from
the liberation of such person. the Philippines; or
2.) Compels a person to
ELEMENTS: change his residence
a.) Offender is a public officer or c.) Offender is not authorized to do
employee. so by law.
b.) There is a:
1.)Judicial or executive order
for the release of a prisoner or
detention prisoner, or;
