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; 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

Content Details

Law: Revised Penal Code
Keywords: annotations, arbitrary detention
Posted: December 19, 2022
Updated: April 22, 2023

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