FACTS : The case involves a Rule 45 petition for review filed by Mayor Benito Astorga assailing the Sandiganbayan's Decision convicting him of Arbitrary Detention under Article 124 of the Revised Penal Code (RPC). The charge arose from an incident on September 1, 1997, when a Department of Environment and Natural Resources (DENR) team conducting anti-illegal logging operations in Daram, Samar inspected boats suspected to be connected with illegal logging. Upon confronting the DENR team, Mayor Astorga became hostile, physically intimidated team leader Elpidio Simon, confiscated his radio to prevent communication, summoned around ten armed men, and declared that the team would not be allowed to leave. Despite repeated requests, the DENR personnel were forcibly brought to another location, kept under armed guard, and were only allowed to leave at around 2:00 a.m., after approximately nine hours of restraint, thereby depriving them of their liberty without legal basis.
Following the incident, the Office of the Ombudsman filed an Information for Arbitrary Detention against Mayor Astorga and several unidentified armed companions. During trial, the prosecution presented the testimonies of two police escorts, SPO1 Rufo Capoquian and SPO3 Andres Cinco, Jr., together with their joint affidavit. Although the testimony of team leader Simon was not completed and the other DENR personnel later executed a Joint Affidavit of Desistance, the Sandiganbayan found that the prosecution had sufficiently established the elements of Arbitrary Detention under Article 124 of the RPC, which penalizes a public officer who illegally detains a person without legal grounds. Accordingly, in its Decision dated July 5, 2001, the Sandiganbayan found Mayor Astorga guilty and sentenced him, pursuant to the Indeterminate Sentence Law, to imprisonment of four (4) months of arresto mayor as minimum to one (1) year and eight (8) months of prisión correccional as maximum.
ISSUE : WON the Sandiganbayan is correct
HELD : The Supreme Court denied the petition and affirmed Mayor Astorga's conviction for Arbitrary Detention under Article 124 of the Revised Penal Code (RPC). The Court held that all the elements of the offense were established: (1) Astorga was a public officer as Mayor of Daram, Samar; (2) he detained the DENR personnel; and (3) the detention was without legal grounds. Astorga himself admitted that his actions were motivated by self-preservation rather than any lawful authority. Citing People v. Acosta and People v. Cortez, the Court emphasized that actual physical restraint is not indispensable for arbitrary detention; intimidation and threats that create fear sufficient to prevent a person from leaving constitute detention. The armed men summoned by Astorga, who surrounded the DENR team with high-powered firearms, coupled with his repeated refusal to allow them to leave, clearly deprived the team of their liberty for about nine hours.
The Court further ruled that the Joint Affidavit of Desistance executed by the DENR personnel did not warrant Astorga's acquittal. Consistent with People v. Ballabare, an affidavit of desistance merely strengthens the defense but does not negate criminal liability absent other evidence casting doubt on the prosecution's case. The affidavit merely expressed the complainants' desire to improve relations between the DENR and local officials and did not repudiate the material facts proving the illegal detention. Likewise, the Court upheld the credibility of prosecution witnesses SPO1 Rufo Capoquian and SPO3 Andres Cinco, finding that their testimonies sufficiently established the circumstances of the detention. It also rejected Astorga's claim that the Sandiganbayan judge was biased for asking clarificatory questions, reiterating that trial courts may propound such questions to ascertain the truth without compromising impartiality.
Accordingly, the Court affirmed the penalty imposed by the Sandiganbayan. Under Article 124(1) of the RPC, where the detention does not exceed three days, the prescribed penalty is arresto mayor in its maximum period to prisión correccional in its minimum period. Applying the Indeterminate Sentence Law, the Court sustained the sentence of four (4) months of arresto mayor as minimum to one (1) year and eight (8) months of prisión correccional as maximum. The Court concluded by stressing the importance of strictly enforcing Articles 124 and 125 of the RPC, echoing Justice Perfecto's warning that arbitrary detention by public officials must not be tolerated and that prosecuting authorities must faithfully protect the constitutional right to personal liberty.
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