REVISED PENAL CODE (Distinction) Art. 124 Arbitrary Detention Art. 267 Serious Illegal Detention Art. 268 Slight llega Detention Art. 269 Unlawtul ArrestARTICLE 124. Arbitrary Detention. — Any public officer or employee who, without legal grounds, detains a person. 1. The penalty of arresto mayor in its maximum period to prisian correccional in its minimum period, if the detention as not exceeded three days; 2. The penalty of prisién correccional in its medium and maximum penieds, if the detention has continued more than three but not more than fifteen days; 3. The penalty of prisidn mayor, if the detention has continued for more than fifteen days but not more than six months; and 4. That of reclusi6n temporal, if the detention shall have S¥o8eded:six months.ARTICLE 267. Serious Illegal Detention. — Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death: 1. If the kidnapping or detention shall have lasted more than three days. 2. If it shall have been committed simulating public authority. 3. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained, or if threats to kill him shall have been made. 4. If the person kidnapped or detained shall be a minor, nale.of a public officer.Art. 268. Slight illegal detention. - The penalty of reclusion temporal shall be imposed upon any private individual who shall commit the crimes described in the next preceding article without the attendance of any of the circumstances enumerated therein.The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of the crimeArt. 269. Unlawful arrest. - The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000) 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.Question: What is the crime committed if a person detains another? a. Art. 124 Arbitrary Detention b. Art. 267 Serious Illegal Detention c. Art. 268 Slight Illegal Detention A. Art. 269 Unlawful Arrest Seusencass ©uusneArt. 124 Arbitrary Detention versus Art. 267 Serious Illegal Detention Art. 268 Slight Illegal DetentionBOOK 2 of the Revised Penal Cote Title 2. Crimes Against the Fundamental Law of the State >Article 124. Arbitrary Detention Title 9. Crimes Against Personal Liberty and Security > Article 267. Kidnapping/Serious Illegal Detention >Article 268. Slight Hesal DetentionARTICLE 124. Arbitrary Detention. — Any public officer or employee who, without legal grounds, Retains a person. 1. The penalty of arresto mayor in its maximum period to preston correccional in its minimum period, if the detention as not exceeded three days; 2. The penalty of prisi6n correccional in its medium and maximum penegs, 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 reclusién temporal, if the detention shall have ¥68eded-six months.Title 2. Crimes Against the Fundamental Law of the State Offender is a PUBLIC OFFICER or EMPLOYEE Title 9. Crimes Title 9. Crimes Against Personal Against Personal Liberty and Security Liberty and Security Offender is a PRIVATE Offender is a PRIVATE INDIVIDUAL INDIVIDUALQuestion: Mark, a peli oliceman, arrested and detained his enemy Palo in one of the detention cells to teach him a lesson. concocted a ston that he saw Paulo commit a crime even iti it was not true. After Paulo besged Mark to forgive him, Mark unlocked the cell and released Paulo. What is the crime committed by Mark the policeman? Mark committed the crime of Arbitrary Detention (Art. 124).Question: Davida bsiessoua, was angry at his business rival Jamie, When Jamie’s son, Johnny, visited the store of David, David dragged Johnny inside the storage room and locked him up for ours. What crime did David commit? David committed the crime of Slight Ilegal Detention (Art. 268).a | ee eee Title 2. Crimes Against the Fundamental Law of the State Offender is a PUBLIC OFFICER or EMPLOYEE - the public officer must have a duty under the law to detain a person. is Detention Detention Title 9. Crimes Title 9. Crimes Against Personal Against Personal Liberty and Security Liberty and Security Offender is a PRIVATE Offender is a PRIVATE INDIVIDUAL INDIVIDUAL aanQuestion: The City Treasurer had his eyes on a young lady, Maria, working in the office but Maria never gave him attention. Feeling hurt, the City Treasurer locked Maria inside the office late afternoon. After Maria cried for almost an hour, the City reasurer took pity and unlocked the door. Is the City Treasurer liable for Arbitrary Dentention? NO because although the City Treasurer is a public officer, itis not part of his duty or function to detain or arrest a person.Question: Can sire Individual be liable for Arbitrary Detention (Art. 124)?Question: The City Treasurer had his eyes on a young lady, Maria, working in the office but Maria never gave him attention. Feelin hur the City Treasurer locked Maria inside the office late afternoon. After Maria cried for almost an hour, the City Treasurer took pity and unlocked the door. Is the City Treasurer liable for Arbitrary Dentention? _. NO because although the City Treasurer is a public officer, itis not partiof his duty or function to detain or arrest a person. He is liable for SERIOUS ILLEGAL DETENTION (Art. 267). Seaan(@)wmeQuestion: _ spiral Individual be liable for Arbitrary Detention (Art. Ans. YES, in the following cases: a. Conspiracy (Art. 8) b. Accomplice (Art. 18) c. Accessory (Art. 19)Art. 124 Arbitrary Detention versus Art. 269 Unlawful Arrest Senanveaoe @)veneBOOK 2 of the Revised Penal Cote Title 2. Crimes Against the Fundamental Law of the State >Article 124. Arbitrary Detention Title 9. Crimes Against Personal Liberty and Security > Article 267. Kidnapping/Serious Illegal Detention >Article 268. Sig le Detention >Article 269. Unlawful Arrest Sn @ manea 268. 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.Title 2. Crimes Against the Fundamental Law of the State Offender is a PUBLIC OFFICER - the Public Officer here Fnust have the authority to detain or order the detention of the person accused of a crime Title 9. Crimes Against Personal Liberty and Security Offender is ANY PERSON - either a private individual or a Public Officer who does not have the authority to detain or order the detention of a person accused of a crimeQuestion: faite, a Mhicpal Treasurer, conducted a citizen’s arrest on aay and told him that he was ata from a grocery ame when in fact it was not true. Zaito delivered Looney to the police sation where he was detained. Looney was eventually release What is the crime committed by Zaito? Zaito committed the crime of Unlawful Arrest (Art. 269).Question: Kyrie, the store owner, discovered that his cellphone was missing. Leonard was there so apie thought it was Leonard who stole his cp. Kyrie arrested Leonard and dag him to the police station. Leonard was later on released by t What is the crime committed by Kyrie? Kyrie committed the crime of Unlawful Arrest (Art. 269). e police.Question: Brody, a molten, was receiving payments from jeepney aries lying a certian route. Pedro stopped giving money to Brody. f a result, Brody fondealed Pedro and told him that he was driving careless We even if it was not true. Brody detained Pedro in one of the cells. After one day, Brody released Pedro hoping that he learned his lesson. What is the crime committed by Brody? bate committed the crime of Arbitrary Dentention (Art. 124).Unlawful Serious Hlegal Arrest Y§ _ Detention (Art. 269) (Art. 267) Offender is Offender is a PRIVATE ANY PERSON INDIVIDUAL The purpose is to The purpose is to The purpose is to accuse the offended party of a crime he did restrain the offended restrain the offended not commit and party and deny him of party and deny him of deliver him to the his liberty. his liberty. authority for the filing of the necessary charges.Question: David, a businessman, was angry at his business rival Jamie. When Jamie’s son, Johnny, visited the store of David, David dragged Johnny inside the storage rom and locked him up for hours. i What crime did David commit? David committed the crime of Slight legal Detention (Art. 268).Question: Chou and Baiang were fighting over who was the real owner of a piece of land. When they saw each other, they engaged in a fist ight. Badang was knocked unconscious and Chou tied him up and brought him to the nearest police station. Chou lodged a complaint before the police station. The prosecutor eventually found no probable cause and Badang was released. What is the crime committed by Chou? Chou committed the crime of Unlawful Arrest (Art. 269). aaicast @)wanetent (Art. 124) Title 2. Crimes Against the Fundamental Law of the State Offender is a PUBLIC OFFICER or EMPLOYEE - the public officer must have a duty under the law to detain a person. Title 9. Crimes Title 9. Crimes Against Personal Against Personal Liberty and Security _ Liberty and Security Offender is a PRIVATE Offender is a PRIVATE INDIVIDUAL INDIVIDUALGua vs Ma Title 2. Crimes Against the Fundamental Law of the State Offender is a PUBLIC OFFICER or EMPLOYEE The purpose is to restrain the offended party and deny him of his liberty. sics1@ snl Title 9. Crimes Against Personal Liberty and Security Offender is ANY PERSON > can be a Public Officer or Employee, or a Private Individual The purpose is to accuse the offended party of a crime he did not commit and deliver him to the authority for the filing of the necessary charges.Offender is Offender is a PRIVATE Offender is a PRIVATE ANY PERSON INDIVIDUAL INDIVIDUAL The purpose is to The purpose is to The purpose is to accuse the offended party of a crime he did restrain the offended restrain the offended not commit and party and deny him of party and deny him of deliver him to the his liberty. his liberty. authority for the filing of the necessary charges.