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23.) Revised Rules of Court, Rule 112, Sec. 6, Parag. 2

The document discusses revised rules of court regarding preliminary investigations for persons arrested without a warrant. It states that such persons may request a preliminary investigation but must waive protections against detention under Article 125 of the penal code, which penalizes delays in bringing detained persons to authorities. Even with this waiver, the person can still apply for bail and the investigation must end within 15 days. It also allows accused persons to request a preliminary investigation within 5 days of a complaint being filed against them without one.

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18 views1 page

23.) Revised Rules of Court, Rule 112, Sec. 6, Parag. 2

The document discusses revised rules of court regarding preliminary investigations for persons arrested without a warrant. It states that such persons may request a preliminary investigation but must waive protections against detention under Article 125 of the penal code, which penalizes delays in bringing detained persons to authorities. Even with this waiver, the person can still apply for bail and the investigation must end within 15 days. It also allows accused persons to request a preliminary investigation within 5 days of a complaint being filed against them without one.

Uploaded by

Glim Vavee
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Topic: Revised Rules of Court, Rule 112, Sec. 6, parag.

2
(Under Art. 125 – Delay in the delay of detained prisoners)

RULE 112
Preliminary Investigation
Section 6.  When accused lawfully arrested without warrant. — When a person is lawfully arrested without a warrant involving an offense
which requires a preliminary investigation, the complaint or information may be filed by a prosecutor without need of such investigation provided an inquest has been
conducted in accordance with existing rules. In the absence or unavailability of an inquest prosecutor, the complaint may be filed by the offended party or a peace
office directly with the proper court on the basis of the affidavit of the offended party or arresting officer or person.

Before the complaint or information is filed, the person arrested may ask for a preliminary investigation in accordance
with this Rule, but he must sign a waiver of the provisions of Article 125* of the Revised Penal Code, as amended, in
the presence of his counsel. Notwithstanding the waiver, he may apply for bail and the investigation must be
terminated within fifteen (15) days from its inception.

After the filing of the complaint or information in court without a preliminary investigation, the accused may, within five (5) days from the time he learns of its filing,
ask for a preliminary investigation with the same right to adduce evidence in his defense as provided in this Rule. (7a; sec. 2, R.A. No. 7438)

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As being referred to in the highlighted paragraph:

*Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. 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: twelve (12) hours, for crimes or offenses punishable by light
penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent; and
thirty-six (36) hours, for crimes or offenses punishable by afflictive or capital penalties, or their equivalent.

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. (As amended by EO No. 272, July 25, 1987. This EO No. 272 shall
take effect thirty (30) days following its publication in the Official Gazette)

-----------------------------------
The penalties being referred to in Article 125:

**Art. 124. Arbitrary detention. – Any public officer or employee who, without legal grounds, detains a person, shall suffer:
1. The penalty of arresto mayor, in its maximum period to prision correccional in its minimum period, if the detention has not
exceeded three days;
2. The penalty 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, if the detention has continued for more than fifteen days but not more than six months; and
4. That of reclusion temporal, if the detention shall have exceeded six months.

The commission of a crime, or violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital,
shall be considered legal grounds for detention of any person.

---------------------------------
Gist/Summary:

The person lawfully arrested without warrant may ask for preliminary investigation but at the same time he is waiving
Article 125 of the RPC, which provides penalties against the public officer or employee who shall delay in the delivery
of detained persons to the proper judicial authorities within the period of: 12 hours, 18 hours, or 36 hours, depending
on the gravity of the offense. Notwithstanding the waiver, the person arrested may apply for bail and the investigation
must be terminated within 15 days from its inception.

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