Delay in the Delivery of Detained Persons

ART. 125.

1. That the offender is a public officer or employee;
2. That he has detained a person for some legal ground; and
3. That he fails to deliver such person to the proper judicial authority within:
     a. 12 hours, detained for crimes punishable by light penalties, or equivalent;
     b. 18 hours, for crimes punishable by correctional penalties, or their equivalent; or
     c. 36 hours, for crimes/offenses punishable by capital punishment or afflictive penalties, or their equivalent.


The felony means delay in filing the necessary information or charging of person detained in court which may be waived if a preliminary investigation is asked for. This does not contemplate actual physical delivery.

The filing of the information in court beyond the specified periods does not cure illegality of detention. Neither does it affect the legality of the confinement under process issued by the court.

To prevent committing this felony, officers usually ask accused to execute a waiver of Art. 125 which should be under oath and with assistance of counsel. Such waiver is not violative of the constitutional right of the accused.

Contemplates arrest by virtue of some legal ground or valid warrantless arrest.

If arrested by virtue of arrest warrant, person may be detained until case is decided.

   - Light offense – 5 days.
   - Serious and less serious offenses – 7 to 10 days.
   - If offender is a private person, the crime is illegal detention.

This is applicable ONLY WHEN the arrest is without a warrant.

At the beginning, the detention is legal since it is in the pursuance of a lawful arrest.
Detention becomes arbitrary when the - applicable period lapses without the arresting officer filing a formal charge with the proper court.

The periods stated are counted only when the prosecutor’s office is ready to receive the complaint or information. - Nighttime is NOT included in the period.


Sayo v. Chief of Police (1948)
“Deliver” means the filing of correct information with the proper court (or constructive delivery --- turning over the person arrested to the jurisdiction of the court).
- Purpose is to determine whether the offense is bailable or not.

People v. Tan (1998)
The elements of custodial investigation are:
- The suspect is deprived of liberty in any significant manner;
- The interrogation is initiated by law enforcement authorities;
- The interrogation is inculpatory in character.

Sanchez v. Demetriou (1993)
Where the invitation comes from a powerful group composed predominantly of ranking military officers and the designated interrogation site is a military camp, the same can be easily taken, NOT as a strictly voluntary invitation.
- It is an authoritative command that one can only defy at his peril.

delay in the delivery of detained person