Complainant was picked up by policemen and immediately brought before the sala of the respondent judge where he was confronted by the latter. A bu s dr i v en b y th e co m pl ai n an t al m os t c ol l i de d h ea d - on wi th an o wn er - t yp e j ee pn e y ow ne d by Judge del Mundo. M TJ-93-813) Facts: An ad m in is tr at i ve co m pl ai nt w as f i le d b y C a ya o ch ar g i ng J ud g e d el Mu nd o w i th ab us e The intent to prevent the departure of the complainants and witnesses against their will is thus clear.ĬAYAO vs. 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. Given such circ umstances, we give credence to SPO1 Capoquian’s statement that it was not "safe" to refuse Mayor As t or g a ’ s orders. 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. Inspite of their pleas, the witnesses and the complainants were not allowed by petitioner to go home. In the case at bar, the restraint resulting from fear is evident. That the detention is without legal grounds.
That the offender is a public officer or employee. Arbitrary Detention is committed byĪny public officer or employee who, without legal grounds, detains a person.The elements of the crime are: 1.
Mayor Astorga is guilty of arbitrary detention. 1awphi1.nét Issue: Whether Mayor Astorga is guilty of arbitrary detention. wh e n t h e t ea m wa s fi n a l l y a l l ow ed to le a ve. On the other hand, SPO3 Cinco and the rest jus j us t s at i n th e ho us e un ti l 2: 0 0 a. SPO1 Capoquian were allowed to go down from the house, but not to leave the barangay. The offended parties were then brought to Mayor As t or g a’ s house where they had dinner and drinks and left at 2:30am. A heated altercation ensued and Mayor Astorga called for reinforcements. Upon investigation of the group, Mayor Astorga was found to be the owner of two boats. 154130) Facts: On September 1, 1997, a team was sent to the island of Daram, Western Samar to conduct intelligence gathering and forest protection operations in line with the government’sĬampaign against illegal logging.
0 kommentar(er)
