Astorga v.

People

First Division

Gancayco, J.

GR No. 154130

1 October 2003

Facts:

The Regional Special Operations Group of the Department of Environment and Natural Resources sent a
team who were gathering intelligence against illegal logging at Daram, Western Samar. There they met
mayor Astorga, who after meeting told them not to leave and prompted to call for reinforcements, who
then came with guns and proceeded to detain the team in a house in Daram, for about 9 hours.

Issue: YES

Whether or not the presence of detention can be assumed by the mere presence of armed men.

Ruling:

In the case at bar, the restraint resulting from fear is evident. In spite of their pleas, the witnesses and
the complainants were not allowed by petitioner to go home. This refusal was quickly followed by the
call for and arrival of almost a dozen "reinforcements," all armed with military-issue rifles, who
proceeded to encircle the team, weapons pointed at the complainants and the witnesses. Given such
circumstances, we give credence to SPO1 Capoquian’s statement that it was not "safe" to refuse Mayor
Astorga’s orders. It was not just the presence of the armed men, but also the evident effect these
gunmen had on the actions of the team which proves that fear was indeed instilled in the minds of the
team members, to the extent that they felt compelled to stay in Brgy. Lucob-Lucob. The intent to
prevent the departure of the complainants and witnesses against their will is thus clear.