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    Astorga v. People GR. No. 154130 October 1 2003

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    Pio Guieb Aguilar
    Mayor Astorga was found guilty of arbitrary detention for assaulting and threatening a DENR team investigating illegal logging in his municipality. While Astorga argued there was no physical restraint, the court found his actions restrained the team's liberty through implied threat and intimidation by armed men. As a public official, Astorga detained the team without legal justification out of perceived self-interest. The court affirmed his conviction, finding the elements of arbitrary detention were satisfied.

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    Astorga v. People GR. No. 154130 October 1 2003

    Uploaded by

    Pio Guieb Aguilar
    2K views1 page
    Mayor Astorga was found guilty of arbitrary detention for assaulting and threatening a DENR team investigating illegal logging in his municipality. While Astorga argued there was no physical restraint, the court found his actions restrained the team's liberty through implied threat and intimidation by armed men. As a public official, Astorga detained the team without legal justification out of perceived self-interest. The court affirmed his conviction, finding the elements of arbitrary detention were satisfied.

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    Criminal Law case

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    Mayor Astorga was found guilty of arbitrary detention for assaulting and threatening a DENR team investigating illegal logging in his municipality. While Astorga argued there was no physical restraint, the court found his actions restrained the team's liberty through implied threat and intimidation by armed men. As a public official, Astorga detained the team without legal justification out of perceived self-interest. The court affirmed his conviction, finding the elements of arbitrary detention were satisfied.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views1 page

    Astorga v. People GR. No. 154130 October 1 2003

    Uploaded by

    Pio Guieb Aguilar
    Mayor Astorga was found guilty of arbitrary detention for assaulting and threatening a DENR team investigating illegal logging in his municipality. While Astorga argued there was no physical restraint, the court found his actions restrained the team's liberty through implied threat and intimidation by armed men. As a public official, Astorga detained the team without legal justification out of perceived self-interest. The court affirmed his conviction, finding the elements of arbitrary detention were satisfied.

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    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.

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