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Article 124Arbitrary detention

Act No. 3815 · Revised Penal CodeKey provision

ELI5— what this means for you

Arbitrary detention: a public officer who detains a person without legal ground is guilty of arbitrary detention. The penalty depends on how long the person was detained.

Key point

Police officers can only arrest and detain you with a warrant, during commission of a crime, or when legally authorized.

Official text — Act No. 3815

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 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, 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 the detention of any person.

Source: lawphil.net (Act No. 3815 as amended)

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Legal disclaimer: BatasKo provides general legal information, not legal advice. Criminal law has serious consequences — for advice on your specific situation, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.