Human Rights-Based Intelligence Operations - Commission on ...

<strong>Human</strong> <strong>Rights</strong>-<strong>Based</strong> <strong>Intelligence</strong> <strong>Operations</strong>
Violation of Art 125, RPC
Delay in the delivery of detained persons
to proper judicial authorities, carries the
following penalties for any public officer or
employee who delays the performance of any
judicial or executive order for the release of
a prisoner or detention prisoner, or unduly
delays the service of the notice of such order
to said prisoner or the proceedings upon
any petition for liberation of such person:
1. The penalty of arresto mayor (one
month and one day to six months) in its
maximum period to prision correccional
(six months and one day to six years) in
its minimum period , if the detention has
not exceeded three days;
2. The penalty of prision correccional in
its medium and maximum periods, if the
detention has continued more than three
but not more than fifteen days;
3. The penalty of prision mayor (six
years and one day to twelve years), if
the detention has continued for more
than fifteen days but not more than six
months; and,
4. That of reclusion temporal (twelve
years and one day to twenty years), if
the detention shall have exceeded six
months.
Procedures, Duties and Guidelines
for Arresting or Investigating Officer
<strong>Based</strong> on the 1987 Philippine Constitution,
jurisprudence and Republic Act No. 7438, an
Act defining the <strong>Rights</strong> of Persons Arrested,
Detained or Under Custodial Investigation as
well as Duties of the Arresting, Detaining and
Investigating Officer, the following are the
procedures, guidelines and duties which the
arresting or investigating officer must do and
observe (People vs Mahinay, 302 SCRA 455,
Feb. 1, 1999):
1. The person arrested, detained, invited
or under custodial investigation must be
informed in a language known to and
understood by him of the reason for the
arrest and he must be shown the warrant
of arrest, if any; Every other warnings,
information or communication must be
in a language known to and understood
by said person;
2. He must be warned that he has a right
to remain silent and that any statement
he makes may be used as evidence
against him;
3. He must be informed that he has the
right to be assisted at all times and have
the presence of an independent and
competent lawyer, preferably of his
own choice;
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