ASTORGA vs.

PEOPLE
G.R. No. 154130, August 20, 2004
LAGARE, JULIE MAE M.

FACTS:

On September 1, 1997, members of the Regional Special Operations Group

(RSOG) of the Department of Environment and Natural Resources, Tacloban
City namely Elpidio Simon, Moises de la Cruz, Wenefredo Maniscan, Renato
Militante and Crisanto Pelias together with SPO3 Andres B. Cinco, Jr. and SPO1
Rufo Capoquian of the Philippine National Police Regional Intelligence Group
were directed to conduct intelligence operations on possible illegal logging
activities in the Island of Daram, Western Samar. The team found two boats
being constructed at Brgy. Locob-Locob which turned out to be owned by the
Mayor of Daram, Benito Astorga.

A heated confrontation arose between Astorga and the DENR team. Astorga
then called for reinforcements, which consisted of ten men armed with M-16
and M14 rifles. As alleged, Astorga confiscated the radio from the DENR team
so that their office won’t know about their whereabouts. Simon, the Team
Leader expressed their desire to leave twice but they were not permitted to
leave. The DENR team was then brought to petitioner’s house in Daram, where
they had dinner and drinks. Some of the respondents were allowed to go down
the house, but they were not permitted to leave the barangay. The team left
at 2:00 a.m.

Sandiganbayan found Astorga guilty of Arbitrary Detention.

ISSUE:
Whether or not Astorga is guilty of arbitrary detention.

RULING:

No. The Court reversed the decision of the Sandiganbayan and ACQUITTED
the accused on the ground of reasonable doubt. As held in several cases, when
the guilt of the accused has not been proven with moral certainty, the
presumption of innocence of the accused must be sustained and his
exoneration be granted as a matter of right. SPO1 Capoquian’s testimony
negated the element of detention and created a reasonable doubt as to
whether petitioner detained the DENR Team against their consent.