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PRESIDENTIAL DECREE NO. 1404
PRESIDENTIAL DECREE NO. 1404 -
FURTHER AMENDING ARTICLE 125 OF THE REVISED PENAL CODE, AS AMENDED
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(REPEALED
BY EXECUTIVE ORDER NO. 59, S. 1986 AS AMENDED BY EXECUTIVE ORDER NO.
191, S. 1987)
WHEREAS, the periods within which arrested persons shall be delivered
to the judicial authorities as provided in Article 125 of the Revised
Penal Code, as amended, are on occasions inadequate to enable the
government to file within the said periods the criminal information
against persons arrested for certain crimes against national security
and public order.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution, and in the interest of national security as well as of
public safety and order, do hereby decree and order as part of the law
of the land the following amendment to article 125 of the Revised Penal
Code, as amended."
Section 1. Article 125 of the Revised Penal Code, as
amended, is hereby further amended to read as follows:cralaw:red
"Art. 125. Delay in the delivery of detained
persons. — 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 person to
the proper judicial authorities within the period of; six hours, for
crimes or offenses punishable by light penalties, or their equivalent;
nine hours, for crimes or offenses punishable by correctional
penalties, or their equivalent; and eighteen hours, for crimes or
offenses punishable by afflictive or capital penalties, or their
equivalent: Provided, however, That the President may, in the interest
of national security and public order, authorize by Executive Order
longer periods, which in no case shall exceed 30 days, or for as longs
as the conspiracy to commit the crime against national security and
public order continues or is being implemented, for the delivery of
persons arrested for crimes of offense against public order as defined
in Title III, Book II of this Code, namely; Article 134, 136, 138, 139,
141, 142, 143, 144, 146, and 147, and for acts in violation of Republic
Act No. 1700 as amended by Presidential Decree No. 885, talking into
consideration the gravity of the offense or offenses, the number of
persons arrested, the threat to national security or to public safety
and order, and/or the occurrence of a public calamity or other
emergency situation preventing the early investigation of the cases and
the filing of the corresponding information before the civil
courts." chanroblesvirtualawlibrary
"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, and to be visited
by his immediate relatives." chanroblesvirtualawlibrary
Section 2. All acts, executive order, proclamations,
Presidential Decrees, General Orders, Letters of Instruction, rules and
regulations, or parts thereof, inconsistent with the provisions of this
decree are hereby repealed or modified accordingly.
Section 3. Transitory provision. — Pending the
preparation and promulgation by the President of the Executive Order
referred to in Section 1 hereof, the detention of persons arrested for
any of the aforementioned offenses against public order shall continue
to be governed by the provisions of General Orders No. 2, dated
September 22, 1972, as amended by General Order No. 60 and 62, dated
September 24, 1977 and October 22, 1977, respectively. chanroblesvirtualawlibrary
Section 4. This decree shall take effect immediately.
Done in the City of Manila,
this 9th day of June in the year of Our Lord, nineteen hundred and
seventy-eight.
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