Arbitrary detention, Revised Penal Code

1. Concept

Article 124. Arbitrary detention. - Any public officer or employee who, without legal grounds, detains a person, shall suffer;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 medium and maximum periods, if the detention has continued more than three but not more than fifteen days;3. The penalty of prision mayor, if the detention has continued for more than fifteen days but not more than six months; and4. That of reclusion temporal, if the detention shall have exceeded six months.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. (Act No. 3815, Revised Penal Code)

2. Mode of commission

Elements of the offense:

1) The offender is a public officer or employee who; and

2) Without legal grounds, he detains a person.

3. Legal Grounds for detainment

The commission of a crime, or violent insanity or any other ailment requiring the compulsory confinement of the patient ...