Held: No. The elements of arbitrary detention are as follows:1.

That the offender is

a public officer or employee.2. That he detains a person.3. That the detention is
without legal ground. The determinative factor in arbitrary detention is fear. The
Court found no proof that Astorga instilled fear in the minds of the offended parties.
There was also no actual restraint imposed on the offended parties. The events that
transpired created reasonable doubt and are capable of other interpretations. Mayor
Astorga could have extended his hospitality and served dinner and drinks to the
offended parties. He could have advised them to stay in the island inasmuch as sea
travel was rendered unsafe by the heavy rains. Astorga even ate and served
alcoholic drinks during dinner. The guilt of the accused has not been proven with
moral certainty. Astorga was acquitted.