The detention becomes arbitrary under Article 125 when the time required to deliver the prisoner to the judicial authority lapses. Article 125 provides time limits of 12-18-36 hours for delivering individuals arrested without a warrant to the courts for light, correctional, and capital offenses respectively. The purpose of Article 125 is to prevent abuse from detaining individuals without informing them of their offense or permitting bail. "Judicial authority" refers to the courts and judges vested with judicial power to order temporary detention.
The detention becomes arbitrary under Article 125 when the time required to deliver the prisoner to the judicial authority lapses. Article 125 provides time limits of 12-18-36 hours for delivering individuals arrested without a warrant to the courts for light, correctional, and capital offenses respectively. The purpose of Article 125 is to prevent abuse from detaining individuals without informing them of their offense or permitting bail. "Judicial authority" refers to the courts and judges vested with judicial power to order temporary detention.
The detention becomes arbitrary under Article 125 when the time required to deliver the prisoner to the judicial authority lapses. Article 125 provides time limits of 12-18-36 hours for delivering individuals arrested without a warrant to the courts for light, correctional, and capital offenses respectively. The purpose of Article 125 is to prevent abuse from detaining individuals without informing them of their offense or permitting bail. "Judicial authority" refers to the courts and judges vested with judicial power to order temporary detention.
In Article 125, the detention becomes arbitrary only when
the time required for the delivery of prisoner to the judicial authority lapses. The article contemplates that there was a legal cause for arresting but without a warrant of arrest. If the arrest is on the strength of a warrant, Article 125 does not apply. The 12-18-36 hours (for offenses punishable with light, correctional, and capital penalties, respectively) do not run when the courts are not open to receive the complaint or information being filed. What is the rationale for the provision of Article 125? To prevent any abuse resulting from confining a person without informing him of his offense and without permitting him to go on bail. More specifically, it punishes public officials or employees who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the periods prescribed by law. The continued detention of the accused becomes illegal upon the expiration of the periods provided for by Article 125 without such detainee having been delivered to the corresponding judicial authorities. (Agbay v. Omb.t G.R. No. 134503, July 2, 1999) To what do the words "judicial authority" refer? Judicial authority means the courts of justices or judges of said courts vested with judicial power to order the temporary detention or confinement of a person charged with having committed a public offense, that is, the Supreme Court and other such inferior courts as may be established by law. (id.)
Joint Circular CSC-DBM No. 02, S. 2015 Dated November 25, 2015 - Policies and Guidelines On Overtime Services and Overtime Pay For Government Employees