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; and |
| 4. 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 in a hospital, shall be considered legal grounds for the detention of any person. (Paragraph 2, Article 124, Ibid.)
