VALLE, RHEYLYN MAE H.

CLJ4 CRIMINAL LAW (BOOK 2)

1. What are the elements of Arbitrary Detention?

*Offender is a public officer or employee.
*He detains a person.
*Detention is without legal grounds.

2. When can a private person be held liable for Arbitrary

Detention?
*Private persons are not liable for Arbitrary Detention as a rule.
Unless they were in Conspiracy (Article 8) or participated as Accomplices
(Article 18) or an accessories (Article 19) to the crime.Either if that
private person conspired with the public officer or if that private person
is an accomplice or accessory to the crime that the principal is the public
officer.

3. Can a lawful arrest lead to Illegal Detention.

* Yes, considering it has a lawful arrest but if that private individual
detains a person illegally or he detains a person in the undesirable places
exceeding a maximum hours of detention and without any cases filing to
that person being detained.
4. Can a person simply be driven away from their places of
residence?

*No, As legal rule eventhough that person owned or not an owner of

that place of his residence. He has a right to stay in there and not be
driven away. Because of his humanitarian rights and if they have a legal
rights of properties.

5. Can officers break through a house to arrest a person?

*Yes, it is possible. When that person to be arrested is fully armed or

lets say he has a hostage that is already in harmed. So that the officers
can do a break through a house to arrest a person.