Article 124. Arbitrary detention.

-Any public officer or But private individuals who conspired with public
employee who, without legal grounds, detains a person, officers in detaining certain policemen are guilty of
shall suffer: arbitrary detention. (People vs. Camerino, CA-G.R.
No. 14207-R, Dec. 14, 1956)
1. The penalty of arresto mayor in its maximum
period to prision correccional in its minimum
period, if the detention has not exceeded three
days;

2. The penalty of prision correccional in its Article 125. Delay in the delivery of detained persons
medium and maximum periods, if the detention to the proper judicial authorities.-The penalties
has continued more than three but not more provided in the next preceding article shall be imposed
than fifteen days; upon the public officer or employee who shall detain
any person for some legal ground and shall fail to
3. The penalty of prision mayor, if the detention deliver such person to the proper judicial authorities
has continued for more than fifteen days but within the period of one hour.
not more than six months; and
Elements:
4. That of reclusion temporal, if the detention
shall have exceeded six months. 1. That the offender is a public officer or
employee
The commission of a crime, or violent insanity or any
other ailment requiring the compulsory confinement of 2. That he has detained a person for some
the patient in a hospital, shall be considered legal legal ground
grounds for the detention of any person.
3. That he fails to deliver such person to the
Elements: proper judicial authorities within
a. 12 hours for the crimes or offense
1. That the offender is a public officer or
employee punishable by light penalties or
2. That he detains a person. their equivalent
3. That the detention is without legal grounds b. 18 hours for crimes or offenses
Legal grounds for the detention of any person. The punishable by correcional penalties
following are legal grounds for the detention of any or their equivalent
person: c. 36 hours for crimes or offense
(a) The commission of a crime; punishable by afflictive or capital
offenses or their equivalent
(b) Violent insanity or any other ailment requiring
the compulsory confinement of the patient in a
hospital.
"Shall fail to deliver such person to the proper
judicial authorities."
The offender in arbitrary detention is a public The delivery to the judicial authority of a person
officer or employee.
arrested without warrant by a peace officer, does
The public officers liable for arbitrary detention not consist in a physical delivery, but in making an
must be vested with authority to detain or order the accusation or charge or filing of an information
detention of persons accused of a crime, but when
they detain a person they have no legal grounds against the person arrested with the
therefor. . corresponding court or judge, whereby the latter
acquires jurisdiction to issue an order of release or
Such public officers are the policemen and other
agents of the law, the judges or mayors. of commitment of the prisoner, because the
arresting officer can not transfer to the judge and
A barangay captain and a municipal councilor are the latter does not assume the physical custody of
public officers
the person arrested. (Sayo vs. Chief of Police of
If the detention is perpetrated by other public Manila, 80 Phil. 859)
officers, the crime committed may be illegal
detention, because they are acting in their private
capacity.
Art. 125 distinguished from Art. 124
If the offender is a private individual, the act of
detaining another is illegal detention under Article In arbitrary detention under Art. 124, the
267 or Article 268.
detention is illegal from the beginning; in arbitrary
detention under Art. 125, the detention is legal in employee who detains a person without legal
ground.
the beginning but the illegality of the detention
starts from the expiration of any of the periods of Illegal detention is a crime against personal liberty
time specified in Art. 125, without the detained and security; arbitrary detention is a crime against
the fundamental law of the State.
prisoner detained having been delivered to the
proper judicial authority. Article 268. Slight illegal detention.-The penalty of
prision mayor shall be imposed upon any private
Article 267. Serious illegal detention.-Any private individual who shall commit the crimes described in the
individual who shall kidnap or detain another, or in any next preceding article without the attendance of any of
other manner deprive him of his liberty, shall suffer the the circumstances enumerated therein.
penalty of reclusion temporal.
The same penalty shall be incurred by anyone who
1. If the locking up or detention shall have shall furnish the place for the perpetration of the crime.
lasted more than twenty days.
If the offender shall voluntarily release the person so
2. If it shall have been committed simulating locked up or detained within three days from the
public authority. commencement of the detention, without having
attained the purpose intended, and before the
3. If any serious physical injuries shall have institution of criminal proceedings against him, the
been inflicted upon the person locked up or penalty shall be prision correccional in its minimum and
detained, or if threats to kill him shall have been medium periods and a fine not exceeding 500 pesos.
made.
Elements:
Elements:
1. That the offender is a private individual
1. That the offender is a private individual 2. That he kidnaps or detains another, or in
2. That he kidnaps or detains another, or in any other manner deprives him of his liberty
any other manner the latter of his liberty 3. That the act of kidnapping or detention is
3. That the act of detention or kidnapping illegal
must be illegal 4. That the crime is committed without the
4. That in the commission of the offense, any attendance of any of the circumstances
of the following circumstances is present enumerated in Art. 267.
a. That the kidnapping or detention
lasts for more than 3 days
b. That it is committed simulating
public authority Article 269. Unlawful arrest.-The penalty of arresto
c. That any serious physical injuries mayor and a fine not exceeding 500 pesos shall be
are inflicted upon the kidnapped or imposed upon any person who, in any case other than
detained or threats to kill him are those authorized by law, or without reasonable ground
made, or therefor, shall arrest or detain another for the purpose
d. That the person kidnapped or of delivering him to the proper authorities.
detained is a minor, female, or a
public officer Elements:
If the offender is a public officer, the crime is 1. That the offender arrests or detains
arbitrary detention.
another person
This article requires that the offender is a private 2. That the purpose of the offender is to
individual, because when the offender is a public deliver him to the authorities
officer, it will be arbitrary detention.
3. That the arrest or detention is not
But the public officer must have a duty under the authorized by law or there is no reasonable
law to detain a person, such as a policeman or ground therefor.
Constabulary soldier. If he has no such duty, like a
sanitary inspector or a clerk in a government office, The offender is any person, whether a public
and he detains a person, he is liable under this
article. officer or a private individual.

Unlawful arrests by public officers should be

Illegal detention distinguished from arbitrary
detention. punished as arbitrary detention under Art. 124, if
the public officer has the authority to arrest and
The crime of illegal detention is committed by a
private individual who unlawfully kidnaps, detains,
detain a person, but the arrest is without legal
or otherwise deprives a person of liberty; arbitrary ground.
detention is committed by a public officer or
If the public officer has no authority to arrest and
detain a person, or if he did not act in his official
capacity, he should be punished for unlawful
arrest under Art. 269.

Distinguished from Art. 125 .

(1) In the crime of delay in the delivery of

detained persons to the proper judicial authority
(Art. 126), the detention is for some legal ground;
unlawful arrest, the detention is not authorized by
law.

(2) Under Art. 125, the crime is committed by

failing to deliver such person to the proper judicial
authority within a certain period of time in
unlawful arrest, it is committed by making an
arrest not authorized by law.