Case Digest (G.R. No. 154130)
Facts:
Benito Astorga, petitioner, vs. People of the Philippines, respondent, G.R. No. 154130, October 01, 2003, First Division, Ynares‑Santiago, J., writing for the Court.The Office of the Ombudsman filed an Information on October 28, 1998 charging Benito Astorga, then Mayor of Daram, Samar, with Arbitrary Detention under Article 124 of the Revised Penal Code for acts allegedly committed on September 1, 1997. The complainants were members of the DENR Regional Special Operations Group (RSOG) who had gone to Daram to conduct intelligence gathering and forest protection operations. The team consisted of Elpidio E. Simon (team leader), Moises dela Cruz, Wenifredo Maniscan, Renato Militante, and Crisanto Pelias, escorted by SPO3 Andres B. Cinco, Jr. and SPO1 Rufo Capoquian.
On September 1, 1997, after inspecting several boat‑building sites, members of the DENR team encountered Mayor Astorga in Brgy. Lucob‑Lucob. According to prosecution witnesses, Mayor Astorga slapped Simon, made threatening remarks, ordered reinforcements, and about ten armed men in a banca arrived and surrounded the DENR party with rifles pointed at them. Astorga allegedly grabbed Simon’s handheld radio and refused the team’s repeated requests to leave; the group was kept at the mayor’s house, ate dinner there, and were allowed to depart only about 2:00 a.m. the following morning.
The complainants filed a criminal complaint for Arbitrary Detention, and Astorga was arraigned on July 3, 2000 and pleaded not guilty. At trial the prosecution presented the testimonies of SPO1 Capoquian and SPO3 Cinco (and their joint affidavit); Simon’s testimony was not completed and the DENR team later executed a Joint Affidavit of Desistance. On July 5, 2001 the Sandiganbayan, in Criminal Case No. 24986 (penal trial court for public officers), rendered judgment finding Astorga guilty of Arbitrary Detention and sentenced him under the Indeterminate Sentence Law to an indeterminate penalty of four months of arresto mayor (minimum) to one year and eight months of prision correccional (maximum). Motions for reconsideration filed July 11 and October 24, 2001 were denied by Sandiganbayan Resolutions dated September 28, 2001 and July 10, 2002, respectively.
Astorga filed a petition for review under Rule 45 of the Rules of Cou...(Pro-only)
Issues:
- Was there sufficient evidence to convict petitioner Benito Astorga of Arbitrary Detention under Article 124 of the Revised Penal Code?
- Does the Joint Affidavit of Desistance executed by the DENR team compel acquittal o...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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