On
Arbitrary detention

ART. 124

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.

ELEMENTS:
1. That the offender is a public officer or employee (whose official duties include the authority to make an arrest and detain persons);
2. That he detains a person; and
3. That it was without legal grounds.

NOTES:

Arbitrary detention is the deprivation by a public officer of the liberty of a person w/o any legal ground.

Though the elements specify that the offender be a public officer or employee, private individuals who conspire with public officers can be liable as principals.

Legal grounds for the detention of any person:
a. commission of a crime
b. violent insanity or other ailment requiring compulsory confinement of the patient in a hospital

Grounds for warrant-less arrest:
a. Crime is about to be, is being, or has been committed;
b. Arresting officer must have personal knowledge that the person probably committed the crime; or
c. Person to be arrested is an escaped prisoner.

CLASSES OF ARBITRARY DETENTION:
1. By detaining a person without legal ground
2. Delay in the delivery of detained persons to the proper judicial authorities
3. Delaying release

A public officer is deemed such when he is acting within the bounds of his official authority or function.
     
A police officer who employs force in excess of what is necessary is acting outside the bounds of his duties and is considered acting in his private capacity.

In a case decided by the Supreme Court a Barangay Chairman who unlawfully detains another was held to be guilty of the crime of arbitrary detention.
- This is because he is a person in authority vested with jurisdiction to maintain peace and order within his barangay (Milo v. Salanga,1987).

There must be an actual restraint of liberty of the offended party.
- The crime committed is only grave or light threat if the offended party may still go to the place where he wants to go, even though there have been warnings.

If the offender falsely imputes a crime against a person to be able to arrest him and appear not determined to file a charge against him, the crime is arbitrary detention through unlawful arrest (Boado, Comprehensive Reviewer in Criminal Law).

Rolito Go v. CA is an example of arbitrary detention (Judge Pimentel)

Ramos v. Enrile:
Rebels later on retire. Once you have committed rebellion and have not been punished or amnestied, the rebels continue to engage in rebellion, unless the rebels renounce their affiliation. Arrest can be made without a warrant because rebellion is a continuing crime.


                     Arbitrary Detention          Illegal Detention               Unlawful Arrest
1. Offender  Public officer who has      Private person or              Any person.
                    authority to make arrest    Public officer who is
                    detain persons.                  acting in a private
                                                              capacity or beyond the
                                                              cope of his official
                                                              duty.

2. Criminal  Deny the offended           Deny the offended party    Accuse the offended
   Intent       party of his liberty            of his liberty                       party of a crime he
                                                                                                       did not commit, deliver
                                                                                                       him to the proper
                                                                                                       authority and file the
                                                                                                       necessary charges to
                                                                                                      incriminate him.
Bar Exam Question (2003)

Arbitrary Detention; Elements; Grounds (2006)

What are the 3 ways of committing arbitrary detention? Explain each. 

Suggested Answer:

The 3 ways of arbitrary detention are:

1) Arbitrary detention by detaining a person without legal ground committed by any public officer or employee who, without legal grounds, detains a person (Art. 124, Revised Penal Code).

2) Delay in the delivery of detained persons tothe proper judicial authorities which is committed by a 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 offense punishable by light penalties, or their equivalent;
eighteen hours (18), for crimes or offenses punishable by correctional facilities, or their equivalent; and thirty-six (36) hours for crimes or offenses punishable by afflictive or capital penalties, or their equivalent (Art. 125, Revised Penal Code).

3) Delaying release is committed by any public officer or employee who delays the release for the period of time specified therein the performance of any judicial or executive order for the release of the prisoner, or unduly delays the service of the notice of such order to said prisoner or the proceedings upon any petition for the liberation of such person (Art. 126, Revised Penal Code).

Article 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 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.

Bar Exam Question (2006)

What are the legal grounds for detention? 

Suggested Answer:

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 (Art. 124[2], Revised Penal Code).

Related: Privilege of the Writ of Habeas Corpus