Astorga v. People | GR No.

154130, October 1, 2003

Petitioner: Benito Astorga, Mayor of Daram, Samar
Respondent: People
Arbitrary detention Art. 124
Facts: In 1997, the Regional Operations Group of the DENR sent a team to Daram to
conduct research in line with govts campaign against illegal logging. In transit, the
team spotted boats being constructed, prompting them to investigate. They met Mayor
Astorga who began assaulting the team and then called for reinforcements. Astorga
then had the team brought to a house in Daram. SB found Astorga guilty of arbitrary
detention. He filed MRs but these were denied.
Astorga argues that the prosecution failed to establish the required quantum of
evidence to prove his guilt especially that the private complainants executed a joint
affidavit of desistance. There was no fact of restraint employed by the armed men upon
the persons of the team.

Held: YES. AD is committed by any public officer or employee who, without legal
grounds, detains a person.
Elements:
1) that the offender is a public officer/employee
Astorga = mayor
2) that he detains a person
jurisprudence on kidnapping and illegal detention tells us that
victims liberty need not involve any physical restraint upon the
victims person. Inthis case, the restraint resulting from fear is
evident. The complainants were not allowed to go home, and were
threatened by the armed men surrounding them.
3) that the detention is without legal grounds
acts were not motivated by legal grounds, instead by his instinct for
self-presevation and the feeling that he was being singled-out

Issue: W/N Astorga is guilty of AD under Art. 124?

Aves, G.