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    Milo vs. Salanga

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    Marites regalia
    The document summarizes a court case regarding whether a Barrio Captain can be charged with arbitrary detention. The case involved a Barrio Captain and others beating and imprisoning a man for 11 hours without cause. While the lower court dismissed the arbitrary detention charge, saying a Barrio Captain was not a public officer who could be charged, the higher court ruled that Barrio Captains do have authority to detain people or order detentions, similar to mayors. Therefore, a Barrio Captain can be liable for the crime of arbitrary detention by abusing their authority to detain.

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    Milo vs. Salanga

    Uploaded by

    Marites regalia
    5 views1 page
    The document summarizes a court case regarding whether a Barrio Captain can be charged with arbitrary detention. The case involved a Barrio Captain and others beating and imprisoning a man for 11 hours without cause. While the lower court dismissed the arbitrary detention charge, saying a Barrio Captain was not a public officer who could be charged, the higher court ruled that Barrio Captains do have authority to detain people or order detentions, similar to mayors. Therefore, a Barrio Captain can be liable for the crime of arbitrary detention by abusing their authority to detain.

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    Milo vs. Salanga (1)

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    The document summarizes a court case regarding whether a Barrio Captain can be charged with arbitrary detention. The case involved a Barrio Captain and others beating and imprisoning a man for 11 hours without cause. While the lower court dismissed the arbitrary detention charge, saying a Barrio Captain was not a public officer who could be charged, the higher court ruled that Barrio Captains do have authority to detain people or order detentions, similar to mayors. Therefore, a Barrio Captain can be liable for the crime of arbitrary detention by abusing their authority to detain.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    5 views1 page

    Milo vs. Salanga

    Uploaded by

    Marites regalia
    The document summarizes a court case regarding whether a Barrio Captain can be charged with arbitrary detention. The case involved a Barrio Captain and others beating and imprisoning a man for 11 hours without cause. While the lower court dismissed the arbitrary detention charge, saying a Barrio Captain was not a public officer who could be charged, the higher court ruled that Barrio Captains do have authority to detain people or order detentions, similar to mayors. Therefore, a Barrio Captain can be liable for the crime of arbitrary detention by abusing their authority to detain.

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    Milo vs.

    Salanga
    By: Krissy Tullo

    On Arbitrary Detention, Article 124 of the RPC

    G.R. No. L-37007

    July 20, 1987

    FACTS

    An information for Arbitrary Detention was filed against herein private respondent (accused Barrio Captain

    Tuvera, Sr.) and some other private persons for maltreating petitioner Valdez by hitting him with butts of their
    guns and fist blows. Immediately thereafter, without legal grounds and with deliberate intent to deprive the

    latter of his constitutional liberty, accused respondent and two members of the police force of Mangsat

    conspired and helped one another in lodging and locking petitioner inside the municipal jail of Manaoag,

    Pangasinan for about eleven (11) hours.

    Accused-respondent then filed a motion to quash the information on the ground that the facts charged do not

    constitute the elements of said crime and that the proofs adduced at the investigation are not sufficient to

    support the filing of the information. Petitioner Asst. Provincial Fiscal Milo filed an opposition thereto.

    Consequently, averring that accused-respondent was not a public officer who can be charged with Arbitrary

    Detention, respondent Judge Salanga granted the motion to quash in an order. Hence, this petition.

    ISSUE

    Whether or not accused-respondent, being a Barrio Captain, can be liable for the crime of Arbitrary Detention.

    HELD

    Yes. The public officers liable for Arbitrary Detention must be vested with authority to detain or order the

    detention of persons accused of a crime. One need not be a police officer to be chargeable with Arbitrary

    Detention. It is accepted that other public officers like judges and mayors, who act with abuse of their

    functions, may be guilty of this crime. A perusal of the powers and function vested in mayors would show that

    they are similar to those of a barrio captain except that in the case of the latter, his territorial jurisdiction is

    smaller. Having the same duty of maintaining peace and order, both must be and are given the authority to

    detain or order detention. Noteworthy is the fact that even private respondent Tuvera himself admitted that

    with the aid of his rural police, he as a barrio captain, could have led the arrest of petitioner Valdez.

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