0% found this document useful (0 votes)
52 views1 page

2US V Vicentillo

The defendant municipal president was found guilty of illegally detaining a complaining witness for 3 days after arresting him. However, the lower court's judgment must be reversed unless evidence shows the defendant arbitrarily detained the witness without legal authority. Given the local conditions that required a boat journey to reach the nearest justice of the peace, and no evidence the defendant detained the witness for any reason other than performing official duties, it must be assumed the 3 day detention before appearing before a justice was due to insuperable causes like local conditions or weather.
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
0% found this document useful (0 votes)
52 views1 page

2US V Vicentillo

The defendant municipal president was found guilty of illegally detaining a complaining witness for 3 days after arresting him. However, the lower court's judgment must be reversed unless evidence shows the defendant arbitrarily detained the witness without legal authority. Given the local conditions that required a boat journey to reach the nearest justice of the peace, and no evidence the defendant detained the witness for any reason other than performing official duties, it must be assumed the 3 day detention before appearing before a justice was due to insuperable causes like local conditions or weather.
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

US v Vicentillo Unless the evidence disclose that after having made the arrest,

19 Phil 118 (1911) Vicentillo arbitrarily and without legal authority cause the
Topic: Insuperable or lawful causes complaining witness to be detained for a period of three days
(Local conditions, changes in weather, etc) without having him brought before the proper judicial authority
for the investigation and trial of the charge on which he was
Facts: arrested, Vicentillo must be acquitted from the charges made.
Isido Vicentillo, a municipal president, was found guilty by the
lower court of illegal and arbitrary detention of the complaining The judgement of the lower court must then be reversed.
witness for a period of three days.

At the time of the arrest, neither the local justice of peace nor his
auxiliary were in the municipality, and to reach the justice of
peace of either of the two municipalities, it was necessary to take
along journey by boat.

It was gathered from the record that the arrested man was
brought before a justice of peace as soon as “practicable” after
his arrest, which was after three days.

Issue:
Whether or not act of detaining the complaining witness and
bringing him before a justice of peace after three days,
considering the circumstances, counts as an insuperable cause

Held:
In the absence of proof, it must be assumed that the officers in
charge were controlled by local conditions, changes in the
weather, or the like which made the journey by boats safer and
more commodious.

There is nothing in the record that indicates that Vicentillo


caused the arrest and subsequent detention of the prisoner for
reason other than in the due performance of his official duties
and there can be no doubt of his lawful authority in the premises.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy