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PEOPLE
OF
THE
Held: While it is true that complainant was not put behind bars as
respondent had intended, however, complainant was not allowed to
leave the premises of the jail house. The idea of confinement is not
synonymous only with incarceration inside a jail cell. It is enough to
qualify as confinement that a man be restrained, either morally or
physically, of his personal liberty (Black's Law Dictionary, 270
[1979]). Under the circumstances, respondent judge was in fact
guilty of arbitrary detention when he, as a public officer, ordered the
arrest and detention of complainant without legal grounds.
[G.R. No. L-37007. July 20, 1987.]
RAMON S. MILO, in his capacity as Assistant Provincial Fiscal of
Pangasinan, and ARMANDO VALDEZ, petitioners, vs. ANGELITO C.
SALANGA, in his capacity as Judge of the Court of First Instance of
Pangasinan (Branch IV), and JUAN TUVERA, SR., respondents.
That on or about the 21st day of April, 1973, at around 10:00 o'clock
in the evening, in barrio Baguinay, Manaoag, Pangasinan, Juan
Tuvera, Sr., a barrio captain, with the aid of some other private
persons, namely Juan Tuvera, Jr., Bertillo Bataoil and one Dianong,
maltreated one Armando Valdez by hitting with butts of their guns
and fists blows and immediately thereafter, without legal grounds,
with deliberate intent to deprive said Armando Valdez of his
constitutional liberty, accused Barrio captain Juan Tuvera, Sr., Cpl.
Tomas Mendoza and Pat. Rodolfo Mangsat, members of the police
force of Mangsat Pangasinan, conspiring, confederating and helping
one another, did, then and there, willfully, unlawfully and feloniously,
lodge and lock said Armando Valdez inside the municipal jail of
Manaoag, Pangasinan for about eleven (11) hours.
ISSUE: WHETHER OR NOT A BARRIO CAPTAIN MAY BE GUILTY OF THE
CRIME OF ARBITRARY DETENTION?
HELD:
The public officers liable for Arbitrary Detention must be vested with
authority to detain or order the detention of persons accused of a
crime. Such public officers are the policemen and other agents of the
law, the judges or mayors. Long before Presidential Decree 299 was
signed into law, barrio lieutenants (who were later named barrio
captains and now barangay captains) were recognized as persons in
authority. In various cases, this Court deemed them as persons in
authority, and convicted them of Arbitrary Detention. One need not
be a police officer to be chargeable with Arbitrary Detention. It is
accepted that other public officers like judges and mayors, who act
with abuse of their functions, may be guilty of this crime.
[G.R. No. 126252. August 30, 1999.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JESUS GARCIA y
MANABAT, accused-appellant.
Facts: In an information filed before the Regional Trial Court of Baguio
City, herein accused-appellant Jesus Garcia was charged with the
crime of illegal possession of five kilos of marijuana. Upon
arraignment, accused-appellant pleaded not guilty. After trial on the
merits, the court a quo rendered a decision on February 20, 1996
finding the accused-appellant guilty of illegal possession of
prohibited drugs and sentenced him. to suffer the maximum penalty
of death.
Issue: Whether or not the accused was detained more than what is
required by law considering that it was a warrantless arrest?
.
Held: The police officers cannot be held liable for arbitrarily detaining
appellant at the CIS office. Article 125 of the Revised Penal Code, as
amended, penalizes a public officer who shall detain another for
some legal ground and fail to deliver him to the proper authorities for
36 hours for crimes punishable by afflictive or capital penalties. In
the present case, the record bears that appellant was arrested for
possession of five (5) kilos of marijuana on November 28, 1994 at 2
p.m., a crime pun[ishable with reclusion perpetua to death. He was
detained for further investigation and delivered by the arresting
officers to the court in the afternoon of the next day. Clearly, the
detention of appellant for purposes of investigation did not exceed
the duration allowed by law, i.e., 36 hours from the time of his arrest.
[G.R. No. 134503. July 2, 1999.]
JASPER AGBAY, petitioner, vs. THE HONORABLE DEPUTY
OMBUDSMAN FOR THE MILITARY, SPO4 NEMESIO NATIVIDAD, JR. and
SPO2 ELEAZAR M. SOLOMON, respondents.
Facts: On September 7, 1997, petitioner Agbay and a certain
Jugalbot were arrested and detained for the alleged violation of RA
7610. The next day, a case was filed against them in the MCTC.
Petitioner, however, filed a complaint against private respondents
before the Office of the Ombudsman for failure to deliver the
detained petitioner to the proper judicial authority within 36 hours
the fallen policeman four times as he lay on the ground. After taking
the latter's gun, the man and his companions boarded a tricycle and
fled.
Issue: Whether or not rebellion is the proper charge and not murder?
Held: Divested of its common complexion therefore, any ordinary
act, however grave, assumes a different color by being absorbed in
the crime of rebellion, which carries a lighter penalty than the crime
of murder. In deciding if the crime committed is rebellion, not
murder, it becomes imperative for our courts to ascertain whether or
not the act was done in furtherance of a political end. The political
motive of the act should be conclusively demonstrated. It is not
enough that the overt acts of rebellion are duly proven. Both purpose
and overt acts are essential components of the crime. With either of
these elements wanting, the crime of rebellion legally does not exist.
In fact, even in cases where the act complained of were committed
simultaneously with or in the course of the rebellion, if the killing,
robbing, or etc., were accomplished for private purposes or profit,
without any political motivation, it has been held that the crime
would be separately punishable as a common crime and would not
be absorbed by the crime rebellion.
[G.R. No. 100231. April 28, 1993.]
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RODRIGO
DASIG et al
FACTS: On the 4th day of August, 1987, in the city of Mandaue,
accused, self-confessed rebels, conspiring and confederating
together and helping one another, with intent to kill, treachery,
evident premeditation, abuse of superior strength and use of motor
vehicle, all armed with unlicensed firearms, did then and there
wilfully, unlawfully and feloniously attack, assault and shoot one
Redempto Manatad, a police officer on traffic duty, at his vital
portion which caused his death soon thereafter, knowing beforehand
that the victim was a policeman who was then in the performance of
his official duties.
ISSUE: Whether or not accused should be charged with rebellion
instead of direct assault?
Held: The crime of rebellion consists of many acts. It is a vast
movement of men and a complex net of intrigues and plots. Acts
plaintiff-appellee,
vs.
TIBURCIO
.
FACTS: On the 20th day of March, 1983, at nighttime, in the
Municipality of Catbalogan, Province of Samar accused, with
deliberate intent to kill, with treachery and evident premeditation
and knowing fully well that one Sofronio Labine was an agent of a
person in authority being a member of the Integrated National Police
with station at Catbalogan, Samar, willfully, unlawfully and
feloniously attacked, assaulted and struck said Sofronio Labine with
a piece of wood, which said accused ha(d) conveniently provided
himself for the purpose while said P/Pfc. Sofronio Labine, a duly
appointed and qualified member of the said INP, was engaged in the
performance of his official duties or on the occasion of such
performance, that is, maintaining peace and order during the
barangay fiesta of Canlapwas, of said municipality, thereby inflicting
upon him 'Lacerated wound 2 inches parietal area right. Blood oozing
from both ears and nose' which wound directly caused his death.
ISSUE: Wheter or not there was direct assault?
Appellant committed the second form of assault, the elements of
which are that there must be an attack, use of force, or serious
intimidation or resistance upon a person in authority or his agent;
the assault was made when the said person was performing his
duties or on the occasion of such performance, and the accused
knew that the victim is a person in authority or his agent, that is,
that the accused must have the intention to offend, injure or assault
the offended party as a person in authority or an agent of a person in
authority
Here, Labine was a duly appointed member of the then INP in
Catbalogan, Samar and, thus, was an agent of a person in authority
pursuant to Article 152 of the Revised Penal Code, as amended.
[G.R. No. 84921. June 8, 1993.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROLANDO DURAL et al
FACTS: On the 31st day of January, 1988 at Caloocan City, MetroManila, Philippines and within the jurisdiction of the Honorable Court,
the above-named accused, attacked, assaulted and employed
personal violence upon the persons of TSGT CARLOS PABON PC and
CIC RENATO MANGLIGOT PC, as duly appointed and qualified
members of the Philippine Constabulary, CAPCOM, Camp Bagong
Diwa, Bicutan, Taguig, while the latter were engaged in the
performance of their official duties, knowing the said TSGT CARLOS
PABON PC and CIC RENATO MANGLIGOT PC, to be agents of persons
in authority by then and there shooting TSGT. CARLOS PABON, PC
and CIC RENATO MANGLIGOT PC, on the different parts of their
HELD: Given the admissions of Avella that she altered the receipt, and without
convincing evidence that the alteration was with the consent of private complainant,
the Court holds that all four (4) elements have been proven beyond reasonable doubt.
As to the requirement of damage, this is readily apparent as it was made to appear that
Alberto had received P50,000 when in fact he did not. Hence, Avella's conviction.