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BY AYIN DREAM D. APLASCA
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Wednesday, February 28, 2018
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ONE OF MY clients asked for a legal advice for one of his cases. In one of our discussions, I explained to him the concept of detention and arrest as provided in the Revised Penal Code (RPC).
He wanted to be clarified about the difference between the crime of arbitrary detention and illegal arrest. His brother was arrested and detained by barangay officials for unspecified reasons. He found this action as somewhat abusive and he wanted to file a complaint against the said officials.
Let me enlighten you with the difference between the two crimes. Yes, you read it right. Arbitrary detention and illegal arrest are crimes punishable under the RPC.
By definition, Article 124 of the RPC provides that arbitrary detention is committed by “any public officer or employee who, without legal grounds, detains a person.”
Additionally, the commission of a crime or violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital shall be considered legal grounds for the detention of any person.
This is committed by a public officer, while both public officers and private persons can commit the crime of unlawful arrest. Here, the public officer detains the person without any lawful cause.
In contrast, Article 269 of the RPC provides that unlawful arrest is committed by “any person who, in any case other than those authorized by law, or without reasonable ground, shall arrest or detain another for the purpose of delivering him to the proper authorities.”
The crime here is arresting a person without legal cause for the purpose of delivering the person arrested to proper authorities. It may be considered arbitrary detention when the public officer merely detains a person without any intention in bringing the person to proper authorities.
Due process is very important in these cases. The person arrested or detained should be informed of written regulations in the detention center.
He or she should not be subjected to harsh, excessive or inhuman punishment such as physical punishment or solitary confinement. He or she may receive visits from family, friends and lawyers. He or she can practice her religion. He or she should be kept separate from convicts serving sentence.
Most of all, he or she should have a speedy, impartial, and public trial.
The 1987 Philippine Constitution guarantees that no Filipino shall be deprived of life, liberty or property without due process of law. Thus, those who are arrested or detained have rights that should be respected and treated as human being.
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(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
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