Law 102

I. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

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

Article 124

ARBITRARY DETENTION

* ELEMENTS:

1. That the offender is a public officer or employee (whose official duties include the authority to make an arrest and detain persons; jurisdiction to maintain peace and order).

2. That he detains a person (actual restraint).

3. That the detention was without legal grounds (cannot be committed if with warrant).

* Detention: when a person is placed in confinement or there is a restraint on his person.

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

* Legal grounds for the detention of any person:

* Without legal grounds:

* Know grounds for warrantless arrest:

* For escaped prisoner – no need for warrant

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

* Example: Y was killed by unknown assailant. Officers got a tip and arrested X. X voluntarily admitted to the officers that he did it although he was not asked. X was detained immediately. According to the SC, there was NO arbitrary detention.  Why? Because once X made a confession, the officers had a right to arrest him.

* Continuing crime is different from a continuous crime

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

1. commission of a crime

2. violent insanity or other ailment requiring compulsory confinement of the patient in a hospital

1. he has not committed any crime or no...