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 and allied
offenses;
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 further 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 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 long as, in the
determination of the President, 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 or offenses 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 subversive acts in violation of
Republic Act No. 1700, as amended by Presidential Decree No. 885, in whatever
from such subversion may take; as well as for the attempt on, or conspiracy
against, the life of the Chief Executive of the Republic of the Philippines,
that of any member of his family, or against the life of any member of his
Cabinet or that of any member of the latter's family; the kidnapping or
detention, or, in any manner, the deprivation of the Chief Executive of the
Republic of the Philippines, any member of his family, or any member of his
Cabinet or members of the latter's family, of their liberty, or the attempt to
do so; the crime of arson when committed by a syndicate or for offenses
involving economic sabotage also when committed by a syndicate, taking into
consideration the gravity of the offenses or acts committed, the number of
persons arrested, the damage to the national economy or the degree of 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.
"As used herein, Economic Sabotage means any act or activity which
undermines, weakens or renders into disrepute the economic system or viability
of the country or tends to bring about such effects to include, but not
necessarily limited to, the following offenses: trafficking, counterfeiting,
blackmarketing or mass movement of local or foreign currency in violation of
existing laws and regulations, price manipulation to the prejudice of the public
especially in the sale of prime commodities in violation of price control laws,
tax evasion, bank swindling and violation of land reform laws and regulations.
For purposes of this Decree, Economic Sabotage as hereinabove defined
and Arson as defined and penalized in this Code are considered
committed by a syndicate if planned and carried out by a group of at
least three persons organized for the purpose of committing such or any other
unlawful or illegal transaction, enterprise or scheme.
"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 orders, proclamations,
Presidential Decrees, General Orders, Letters of Instructions, rules and
regulations, or parts thereof, inconsistent with the provision of this Decree
are hereby repealed or modified accordingly.
Transitory provision.
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 Order No. 2, dated September 22, 1972, as amended by
General Order Nos. 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.
(Sgd.) FERDINAND E. MARCOS
President of the
Philippines
By the President:
(Sgd.) JUAN C. TUVERA
Presidential Assistant
