Professional Documents
Culture Documents
THE
FUNDAMENTAL
LAWS OF THE
STATE (124-133)
Arbitrary Detention
Elements
1. Offender is a public officer or employee;
2. He detains a person;
Meaning
of
absence
of
legal
grounds
1. Commission of a crime
2. Violent insanity or other ailment requiring
compulsory confinement of a patient in a
hospital.
Enrile continued
Both victims are found to have sustained gunshot
wounds in different parts of their bodies. The door
lock of the bedroom appears to have been forcibly
destroyed and a .45 caliber pistol is found on top of
the bed. When asked if he has knowledge of what
happened, Justo replied that both victims committed
suicide with the use of the .45 caliber pistol. Under
the facts given, the policeman is justified in placing
Justo under arrest because while he was not present
when the crime was committed, nonetheless, he has
personal knowledge of the facts indicating that the
person to be arrested has committed the crime.
Distinctions continued:
In illegal detention
The principal offender is a private person. But a public
officer can commit the crime of illegal detention when
he is acting in a private capacity or beyond the scope of
his official duty, or when he becomes an accomplice or
accessory to the crime committed by a private person.
Distinction continued
As to criminal intent
In arbitrary detention, the main reason for detaining
the offended party is to deny him of his liberty.
In unlawful arrest, the purpose is to accuse the
offended party of a crime he did not commit, to
deliver the person to the proper authority, and to
file the necessary charges in a way trying to
incriminate him
Problem:
The arrest of the suspect was done in Baguio
City. On the way to Manila, where the crime
was committed, there was a typhoon so the
suspect could not be brought to Manila until
three days later. Was there a violation of
Article 125?
1. If committed at nighttime; or
(3) When the article seized is within plain view of the officer
making the seizure without making a search therefore.
ANTI-TORTURE ACT-RA
9745
"Torture" refers to an act by which severe pain or
suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining from
him/her or a third person information or a confession;
punishing him/her for an act he/she or a third person has
committed or is suspected of having committed; or
intimidating or coercing him/her or a third person; or for
any reason based on discrimination of any kind, when
such pain or suffering is inflicted by or at the instigation
of or with the consent or acquiescence of a person in
authority or agent of a person in authority. It does not
include pain or Buffering arising only from, inherent in or
incidental to lawful sanctions.
"Other
Section 4 continued
5) The submersion of the head in water or water
polluted with excrement, urine, vomit and/or blood
until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful
bodily position;
(7) Rape and sexual abuse, including the insertion of
foreign objects into the sex organ or rectum, or
electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of
the body such as the genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
Principals continued
2) Any superior military, police or law
enforcement officer or senior government
official who issued an order to any lower
ranking personnel to commit torture for
whatever purpose shall be held equally liable
as principals
Principals continued
3) The immediate commanding officer of the
unit concerned of the AFP or the immediate
senior public official of the PNP and other law
enforcement agencies shall be held liable as a
principal to the crime of torture or other cruel
or inhuman and degrading treatment or
punishment for any act or omission, or
negligence committed by him/her that shall
have led, assisted, abetted or allowed, whether
directly or indirectly, the commission thereof
by his/her subordinates.
Requisites:
1)
Requisites continued.
2) Despite such knowledge, did not take
preventive or corrective action either before,
during or immediately after its commission,
when he/she has the authority to prevent or
investigate allegations of torture or other
cruel, inhuman and degrading treatment or
punishment and,
BAR Q. (2011)
Problem: X, a police officer, placed a hood on the
head of W, a suspected drug pusher, and watched as Y and Z,
police trainees, beat up and tortured W to get his confession.
X is liable as
NON-PRESCRIPTIBLE OFFENSE
WHAT IS THE PRESCRIPTIVE PERIOD OF
THE CRIME OF TORTURE?
It has no prescriptive period. Under
Section 45 of the Implementing Rules
and Regulations, torture is a nonprescriptible offense. The statute of
limitation or prescription period shall
not apply to torture cases.