Hernando, Hannah Francesca A.

Arbitrary Detention – Fear in Lieu of Actual Restraint

BENITO ASTORGA, Petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.

August 20, 2004 G.R. No. 154130 J. Ynares-Santiago

Syllabus Question & Answer

Fear in lieu of actual restraint - The determinative factor in Arbitrary Detention, in the absence of actual
physical restraint, is fear. Fear is a state of mind and is necessarily subjective. As it is in the mind of the
victim, its presence cannot be tested by any hard-and-fast rule, but must instead be viewed in the light of
the perception and judgment of the victim at the time of the crime.

Relevant RPC Provisions, Concepts, & Doctrines

Art. 124. Arbitrary detention.  — Any public officer or employee who, without legal grounds, detains a
person, shall suffer;

1. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the
detention has not exceeded three days;
2. The penalty of prision correccional in its medium and maximum periods, if the detention has continued
more than three but not more than fifteen days;
3. The penalty of prision mayor, if the detention has continued for more than fifteen days but not more than
six months; and
4. That of reclusion temporal, if the detention shall have exceeded six months.

The commission of a crime, or violent insanity or any other ailment requiring the compulsory confinement
of the patient in a hospital, shall be considered legal grounds for the detention of any person.

Elements of the Offense/Crime

1. That the offender is a public officer or employee;

2. That he detains a person;
3. That the detention is without legal grounds.

ISSUE/S:

W/N Astorga is guilty of arbitrary detention? NO.

FACTS OF THE CASE

Simon, de la Cruz, Maniscan, Militante, and Pelias were members of the Regional Special Operations
Group of the DENR, (hereinafter DENR team). They, along with members of the PNP, went to the Island of
Daram, Western Samar to conduct intelligence operations on possible illegal logging activities. They found
two boats being constructed at Bgy. Locob-Locob owned by petitioner Astorga, the Mayor of Daram.

A heated altercation ensued between Astorga and the DENR team. Astorga called for reinforcements, and
later, a boat with ten armed men, some wearing combat uniform, arrived. The DENR team was then
brought to Astorga’s house where they ate and drank. They were prevented from leaving until 2:00 AM the
following morning.

Astorga was subsequently charged with and convicted of Arbitrary Detention in the Sandiganbayan. He
questioned this, arguing that the armed men were not summoned to detain the DENR team, and that there
was no evidence that the DENR team insisted on leaving the place where they were supposedly detained.

RULING

The determinative factor in Arbitrary Detention, in the absence of actual physical restraint, is fear.
In the case at bar, there is no proof that Astorga instilled fear in the minds of the parties.

Fear is a state of mind and is necessarily subjective. As it is in the mind of the victim, its presence
cannot be tested by any hard-and-fast rule, but must instead be viewed in the light of the
perception and judgment of the victim at the time of the crime. The Sandiganbayan convicted
Astorga on the basis of the testimonies of the members of the PNP (the police escorts of the DENR
team)—these escorts, not being the actual victims, were not competent to testify on whether or not
fear existed in the minds of the actual offended parties.

Further, the testimony of the police escorts created reasonable doubt as to whether petitioner
detained the DENR Team against their consent. It seems that Astorga merely extended his
hospitality and entertained the DENR team in his house. He even served dinner and drank wine
with them. This scenario is inconsistent with a hostile confrontation between the parties.

Moreover, there was no actual restraint imposed on them. The DENR team was free to leave the
house and roam around the barangay. Astorga only prevented the team from leaving the island
until 2:00 AM because it was raining and it was unsafe for them to travel back by boat at the time.

Thus, Astorga is acquitted of the crime of Arbitrary Detention on the ground of reasonable doubt.