Escolar Documentos
Profissional Documentos
Cultura Documentos
*
G.R. No. 116488. May 31, 2001.
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* FIRST DIVISION.
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YNARES-SANTIAGO, J.:
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12
As far back as the case of U.S. v. Cabanag, it was held
that in the crime of illegal or arbitrary detention, it is
essential that there is actual confinement or restriction of
the person of the 13offended party. The deprivation of liberty
must be proved, just as the intent of the accused to
deprive the victim 14of his liberty must also be established by
indubitable
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proof. In the more recent case of People v.
Fajardo, this Court reiterated the ruling in US. v.
Cabanag, i.e., there must be uncontroverted proof of both
intent to deprive the victim of his liberty, as well as actual
confinement or restriction.
Detention is defined as the actual confinement of a
person in an enclosure, or in 16any manner detaining and
depriving him of his liberty. A careful review of the
records of the instant case shows no evidence sufficient to
prove that Samson Sayam was detained arbitrarily by
accused-appellants. While the prosecution witnesses
testified that accused-appellants were seen walking with
Samson Sayam toward the direction of the detachment
headquarters, there is no shred of evidence that he was
actually confined there or anywhere else. The fact that
Samson Sayam has not been seen or heard from since he
was last seen with accused-appellants does not prove that
he was detained and deprived of his liberty. The
prosecution, however, argues that Samson Sayam was
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within five (5) days from notice, of the date and time when
accused-appellants are released pursuant to this Decision.
SO ORDERED.
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