Facts:
In Barangay Lincod, Maribojoc, Bohol, on the evening of March 7, 2009, Barangay Kagawad Pascasio Duropan and Barangay Tanod Raymond Nixer Coloma allegedly unlawfully arrested William Pacis without reasonable grounds, with the intent of delivering him to the proper authorities, contrary to Article 269 of the Revised Penal Code. Duropan and Coloma pleaded not guilty at arraignment.
The prosecution posited that Duropan and Coloma saw Pacis and others harvesting nipa palm leaves, an activity authorized for members of “ALIMANGO,” a cooperative. Doubtful of Pacis’ claim of ALIMANGO membership and suspecting theft of leaves from Calvin Cabalit’s plantation, the barangay officials forcefully took the individuals to the police station, where they were eventually released upon investigation.
Duropan and Coloma claimed the arrest was in line with a barangay resolution for surveillance on the mangrove/nipa area due to complaints of illegal cutting. They contended that Pacis was violent, prompting them to bring him to the police.
The case progressed from the Municipal Circuit Trial Court (MCTC) to the Regional Trial Court (RTC) and finally the Court of Appeals. The MCTC found all the elements of Unlawful Arrest present and convicted Duropan and Coloma. The RTC and the Court of Appeals upheld the MCTC’s decision.
Issues:
1. Whether the petitioners Pascasio Duropan and Raymond Nixer Coloma arrested William Pacis.
2. Whether there was reasonable ground for petitioners to arrest Pacis, which could warrant their acquittal from the charge of unlawful arrest.
Court’s Decision:
The Supreme Court denied the Petition for Review on Certiorari, affirming the Court of Appeals decision, and reiterated that the elements constituting the crime of unlawful arrest were present, thus affirming petitioners’ guilt beyond reasonable doubt. The decision emphasized the failure to comply with the “overt act” test for a lawful in flagrante delicto arrest. The actions by the barangay officials were deemed a violation of the fundamental rights of citizens.
Doctrine:
An in flagrante delicto arrest that does not satisfy the “overt act” test is constitutionally infirm. For a lawful in flagrante delicto arrest, the person to be arrested must execute an overt act indicating they have just committed, are committing, or are attempting to commit a crime, and such overt act must be within the presence or view of the arresting officer.
Class Notes:
– In Philippine law, an arrest is defined as the taking of a person into custody to answer for the commission of an offense.
– Persons in authority (like barangay kagawads) and agents of persons in authority (like barangay tanods) are not typically authorized to arrest or detain individuals in the context of Article 269 of the Revised Penal Code.
– Warrantless arrests under Philippine law are permissible only when the arresting officer personally witnesses the commission of an offense, has probable cause to believe that a person just committed an offense based on personal knowledge, or when the person to be arrested is an escaped prisoner.
– Unlawful arrest (Article 269, Revised Penal Code) elements: (1) offender arrests/detains another, (2) purpose is to deliver the person to proper authorities, (3) arrest/detention not authorized by law or absent reasonable ground.
Historical Background:
The case demonstrates the tension between the enforcement of local regulations and the adherence to the rights of the citizens. It underscores the issue of proper exercise of authority by local officials and reiterates the fundamental rights emphasizing the standard for lawful arrest and detention in Philippine jurisdiction. The ruling reflects the societal and legal sentiments post-martial law era, wherein safeguarding civil liberties and ensuring due process, even at the barangay level, remains paramount.
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