P.D. No. 1404 : PHILIPPINE LAWS, STATUTES and CODES : CHAN ROBLES VIRTUAL LAW LIBRARY
M a n i l a
PRESIDENTIAL DECREE No. 1404
FURTHER AMENDING ARTICLE 125 OF THE REVISED PENAL CODE, AS AMENDED.
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:
"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."
"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."
Sec. 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.
Sec. 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.
Sec. 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.