1. Concept and legal basis
| Art. 269. Unlawful arrest. – The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000) shall be imposed upon any person who, in any case other than those authorized by law, or without reasonable ground therefor, shall arrest or detain another for the purpose of delivering him to the proper authorities. (Act 3815, Revised Penal Code, as amended by R.A. 10951) |
2. Elements of the offense
Elements of the offense:
1) That the offender arrests or detains another person;
2) That the arrest or detention is to deliver the person to the proper authorities; and,
3) That the arrest or detention is not authorized by law or that there is no reasonable ground to. (Duropan v. People, G.R. No. 230825, 10 June 2020)
REMINDER:
1) The offender is either a private person or a public officer with no authority to detain.
2) If committed by a public officer with authority to detain, the crime is arbitrary detention.
References
⦁ Title 9 – Crimes Against Personal Liberty, Book 2, Revised Penal Code
/Updated: January 18, 2023
