[Crimes against the fundamental laws of the State]

Ramon Milo v. CFI Judge Angelito Salanga

G.R. No. L-37007, July 20, 1987
Ponente: Justice Gancayco
Facts:
Certiorari of CFI Pangasinan order, granting motion to quash information filed by accused Juan Tuvera, Jr. Issue is
whether or not a barrio captian (Tuvera Sr.) can be charged of arbitrary detention. 10/12/1972, information for
Arbitrary Detention filed against Tuvera and 2others: 4/21/1973, 10PM in Manaoag, Pangasinan, accused with aid
of some private persons, conspiring, maltreated Armando Valdez by hitting with butts of their guns and fists and
immediately thereafter locked Valdez inside the municipal jail for 11hours. Respondent judge quashed motion on
ground that Tuvera Sr. was not a public officer who can be charged with Arbitrary Detention.
Issue:
Whether or not a barrio captian (Tuvera Sr.) can be charged of arbitrary detention.
Held:
Arbitrary Detention is commited by a public officer, who, without legal grounds, detains a person. Elements are: 1)
Offender is a public officer/employee; 2) detains a person; 3) detention without legal grounds. PR says the facts
alleged in information do not constitute Arbitrary Detention. Persons helping him were members of the police force
of Manaoag, detaining Valdez for 11hours. Arbitrary detention existent, and question is whether or not barrio captain
can commit it. The public officers liable for Arbitrary Detention must be vested with authority to detain or order the
detention of persons accused of a crime. Such public officers are the policemen and other agents of the law, the
judges or mayors.4 It was erroneously reasoned that captain did not detain Valdez, being merely a captain, no
authority, and that barrio captain was not a publoc official, not considered persons in authority, only upon PD299.
No. Long before PD299, recognized as persons in authority, as in various cases (US v. Gellada, US v. Braganza).
Under Revised Barrio Charter Act, powers and duties of barrio captain include maintenance of public order and to
assist mayors and councilors in performing the same, enforce all laws and ordinances operative within the barrio.
Peace officer, in authority, can make arrest within legal limits. A perusal of the powers and function vested in
mayors would show that they are similar to those of a barrio captain 23 except that in the case of the latter, his
territorial jurisdiction is smaller.