Scribd
Upload
221 views1 page

Arbitrary Detention Case Digest

1. The document summarizes a case where a bus driver overtook another vehicle and almost collided with a jeepney carrying a judge and his sons. The driver was immediately apprehended and brought before the judge. Without allowing an explanation, the judge insisted the driver be punished and gave him a choice between charges, revoking his license, or 3 days in jail. The driver chose jail. 2. The issue is whether the driver was unduly deprived of his liberty and if the judge can be held liable for arbitrary detention. 3. The Supreme Court ruled the driver was confined by being restrained from leaving the jail premises. The arrest and detention were illegal as no crime was committed in the judge's

Uploaded by

Lu Cas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
221 views1 page

Arbitrary Detention Case Digest

1. The document summarizes a case where a bus driver overtook another vehicle and almost collided with a jeepney carrying a judge and his sons. The driver was immediately apprehended and brought before the judge. Without allowing an explanation, the judge insisted the driver be punished and gave him a choice between charges, revoking his license, or 3 days in jail. The driver chose jail. 2. The issue is whether the driver was unduly deprived of his liberty and if the judge can be held liable for arbitrary detention. 3. The Supreme Court ruled the driver was confined by being restrained from leaving the jail premises. The arrest and detention were illegal as no crime was committed in the judge's

Uploaded by

Lu Cas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

Title 2: Crimes Against the Fundamental Law of the State

Art. 124: Arbitrary Detention

CrimLaw2Digest – Fernando Cayao Vs. Judge Justiniano A. Del Mundo, A.M. No. MTJ-
93-813, Sept. 15, 1993

Facts:
Petitioner is a driver of Donny's Transit Bus. On October 22, 1992, while travelling the Mataas
na Lupa, Alulod, Indang, Cavite, he overtook a Sto. Niño Liner driven by Arnel Muloy. As a
consequence thereof, the bus driven by the petitioner almost collided head-on with an
oncoming owner-type jeepney. It turned out that the jeepney was registered in the name of
respondent Judge Del Mundo who, at the time of the incident, was one of the passengers
therein along with his sons. On the same day, he was apprehended by policemen of PNP-Indang
and immediately brought before the sala of respondent judge. Thereat, petitioner was accused
by the respondent of nearly causing an accident and without giving petitioner any opportunity
to explain, respondent judge insisted that complainant be punished. Petitioner was compelled
by respondent judge to choose from three punishments, to wit: (a) to face a charge of multiple
attempted homicide; (b) revocation of his driver's license; or (c) to be put in jail for three (3)
days. Petitioner chose the third and which he was forced to sign a "waiver of detention" by
respondent judge. He was immediately escorted to the municipal jail. He was not actually
incarcerated but he still remained in the premises of the municipal jail for three days, by way of
serving his "sentence". On the third day, complainant was released. Hence this case.

Issue:
Whether or not the petitioner was unduly deprived of his liberty and that respondent judge can
be held liable for arbitrary detention?

Decision:
Yes. The Supreme court ruled that while it is true that complainant was not put behind bars as
respondent had intended, however, complainant was not allowed to leave the premises of the
jail house. The idea of confinement is not synonymous only with incarceration inside a jail cell.
It is enough to qualify as confinement that a man be restrained, either morally or physically, of
his personal liberty (Black's Law Dictionary, 270 [1979]). Under the circumstances, respondent
judge was in fact guilty of arbitrary detention when he, as a public officer, ordered the arrest
and detention of complainant without legal. In overtaking another vehicle, complainant-driver
was not committing or had not actually committed a crime in the presence of respondent
judge. Such being the case, the warrantless arrest and subsequent detention of complainant
were illegal. In the case at bar, it was duly proved that petitioner was indeed deprived of his
liberty for three days on the ground of mere personal vengeance and the abusive attitude of
respondent contrary to the law.

You might also like