G.R. No. 154130             October 1, 2003 declare this a misencounter?

)6 Mayor Astorga then ordered

someone to fetch "reinforcements," and forty-five (45) minutes
BENITO ASTORGA, petitioner, later, or between 5:00-6:00 p.m., a banca arrived bearing ten
vs. (10) men, some of them dressed in fatigue uniforms. The men
PEOPLE OF THE PHILIPPINES, respondent. were armed with M-16 and M14 rifles, and they promptly
surrounded the team, guns pointed at the team members.7 At
this, Simon tried to explain to Astorga the purpose of his
DECISION team’s mission.8 He then took out his handheld ICOM radio,
saying that he was going to contact his people at the DENR in
YNARES-SANTIAGO, J.: Catbalogan to inform them of the team’s whereabouts.
Suddenly, Mayor Astorga forcibly grabbed Simon’s radio,
This is a petition for review under Rule 45 of the Rules of saying, "Maupay nga waray kamo radio bis diri somabut an iyo
Court, seeking the reversal of a Decision of the opisina kon hain kamo, bis diri kamo maka aro hin bulig." (It’s
Sandiganbayan in Criminal Case No. 24986, dated July 5, better if you have no radio so that your office would not know
2001,1 as well as its Resolutions dated September 28, 2001 your whereabouts and so that you cannot ask for help).9 Mayor
and July 10, 2002. Astorga again slapped the right shoulder of Simon, adding,
"Kong siga kamo ha Leyte ayaw pagdad-a dinhi ha Samar kay
diri kamo puwede ha akon." (If you are tough guys in Leyte, do
On October 28, 1998, the Office of the Ombudsman filed the not bring it to Samar because I will not tolerate it here.)10 Simon
following Information against Benito Astorga, Mayor of Daram, then asked Mayor Astorga to allow the team to go home, at
Samar, as well as a number of his men for Arbitrary Detention: which Mayor Astorga retorted that they would not be allowed to
go home and that they would instead be brought to
That on or about the 1st day of September, 1997, and for Daram.11 Mayor Astorga then addressed the team, saying,
sometime subsequent thereto, at the Municipality of Daram, "Kon magdakop man la kamo, unahon an mga dagko. Kon
Province of Samar, Philippines, and within the jurisdiction of madakop niyo an mga dagko, an kan Figueroa dida ha
this Honorable Court, the above-named accused, a public Bagacay puwede ko liwat ipadakop an akon." (If you really
officer, being the Municipal Mayor of Daram, Samar, in such want to confiscate anything, you start with the big-time. If you
capacity and committing the offense in relation to office, confiscate the boats of Figueroa at Brgy. Bagacay, I will
conniving, confederating and mutually helping with unidentified surrender mine.)12 Simon then tried to reiterate his request for
persons, who are herein referred to under fictitious names permission to leave, which just succeeded in irking Mayor
JOHN DOES, who were armed with firearms of different Astorga, who angrily said, "Diri kamo maka uli yana kay dad on
calibers, with deliberate intent, did then and there willfully, ko kamo ha Daram, para didto kita mag uro istorya." (You
unlawfully and feloniously detain Elpidio Simon, Moises dela cannot go home now because I will bring you to Daram. We
Cruz, Wenifredo Maniscan, Renato Militante and Crisanto will have many things to discuss there.)13
Pelias, DENR Employees, at the Municipality of Daram, by not
allowing them to leave the place, without any legal and valid The team was brought to a house where they were told that
grounds thereby restraining and depriving them of their they would be served dinner. The team had dinner with Mayor
personal liberty for nine (9) hours, but without exceeding three Astorga and several others at a long table, and the meal lasted
(3) days. between 7:00-8:00 p.m.14 After dinner, Militante, Maniscan and
SPO1 Capoquian were allowed to go down from the house, but
CONTRARY TO LAW.2 not to leave the barangay.15 On the other hand, SPO3 Cinco
and the rest just sat in the house until 2:00 a.m. when the team
was finally allowed to leave.16 1awphi1.nét
On September 1, 1997, Regional Special Operations Group
(RSOG) of the Department of Environment and Natural
Resources (DENR) Office No. 8, Tacloban City sent a team to Complainants filed a criminal complaint for arbitrary detention
the island of Daram, Western Samar to conduct intelligence against Mayor Astorga and his men, which led to the filing of
gathering and forest protection operations in line with the the above-quoted Information.
government’s campaign against illegal logging. The team was
composed of Forester II Moises dela Cruz, Scaler Wenifredo Mayor Astorga was subsequently arraigned on July 3, 2000,
Maniscan, Forest Ranger Renato Militante, and Tree Marker wherein he pleaded not guilty to the offenses charged.17 At the
Crisanto Pelias, with Elpidio E. Simon, Chief of the Forest trial, the prosecution presented the testimonies of SPO1
Protection and Law Enforcement Section, as team leader. The Capoquian and SPO3 Cinco, as well as their Joint
team was escorted by SPO3 Andres B. Cinco, Jr. and SPO1 Affidavit.18 However, the presentation of Simon’s testimony was
Rufo Capoquian.3 not completed, and none of his fellow team members came
forward to testify. Instead, the members of the team sent by
The team stopped at Brgy. Bagacay, Daram, Western Samar the DENR RSOG executed a Joint Affidavit of Desistance.19
at 2:00 p.m., where they saw two yacht-like boats being
constructed. After consulting with the local barangay officials, On July 5, 2001, the Sandiganbayan promulgated its Decision,
the team learned that the boats belonged to a certain Michael disposing of the case as follows:
Figueroa. However, since Figueroa was not around at the time,
the team left Brgy. Bagacay.4
WHEREFORE, premises considered, judgment is hereby
rendered finding accused BENITO ASTORGA Y BOCATCAT
En route to Brgy. Manungca, Sta. Rita, Samar, the team guilty of Arbitrary Detention, and in the absence of any
spotted two more boats being constructed in the vicinity of mitigating or aggravating circumstances, applying the
Brgy. Lucob-Lucob, Daram, Samar, between 4:30-5:00 p.m., Indeterminate Sentence Law, he is hereby sentenced to suffer
prompting them to stop and investigate. Thus, Maniscan and imprisonment of four (4) months of arresto mayor as minimum
Militante disembarked from the DENR’s service pump boat and to one (1) year and eight (8) months of prision correctional as
proceeded to the site of the boat construction. There, they met maximum.
Mayor Astorga. After conversing with the mayor, Militante
returned to their boat for the purpose of fetching Simon, at the
request of Mayor Astorga.5 SO ORDERED.20

When Simon, accompanied by dela Cruz, SPO3 Cinco, and The accused filed a Motion for Reconsideration dated July 11,
SPO1 Capoquian, approached Mayor Astorga to try and 200121 which was denied by the Sandiganabayan in a
explain the purpose of their mission, Simon was suddenly Resolution dated September 28, 2001.22 A Second Motion for
slapped hard twice on the shoulder by Mayor Astorga, who Reconsideration dated October 24, 200123 was also filed, and
exclaimed, "Puwede ko kamo papaglanguyon pag-uli ha this was similarly denied in a Resolution dated July 10, 2002.24
Tacloban. Ano, di ka maaram nga natupa ako? Natupa baya
ako. Diri kamo makauli yana kay puwede kame e charge ha Hence, the present petition, wherein the petitioner assigns a
misencounter." (I can make you swim back to Tacloban. Don’t sole error for review:
you know that I can box? I can box. Don’t you know that I can

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5.1. The trial court grievously erred in finding the accused movements in accordance with the wishes of the accused,
guilty of Arbitrary Detention as defined and penalized under then the victim is, for all intents and purposes, detained against
Article 124 of the Revised Penal Code, based on mere his will.
speculations, surmises and conjectures and, worse,
notwithstanding the Affidavit of Desistance executed by the five In the case at bar, the restraint resulting from fear is evident.
(5) complaining witnesses wherein the latter categorically Inspite of their pleas, the witnesses and the complainants were
declared petitioner’s innocence of the crime charged.25 not allowed by petitioner to go home.37 This refusal was quickly
followed by the call for and arrival of almost a dozen
Petitioner contends that the prosecution failed to establish the "reinforcements," all armed with military-issue rifles, who
required quantum of evidence to prove the guilt of the proceeded to encircle the team, weapons pointed at the
accused,26 especially in light of the fact that the private complainants and the witnesses.38 Given such circumstances,
complainants executed a Joint Affidavit of we give credence to SPO1 Capoquian’s statement that it was
Desistance.27 Petitioner asserts that nowhere in the records of not "safe" to refuse Mayor Astorga’s orders.39 It was not just the
the case is there any competent evidence that could presence of the armed men, but also the evident effect these
sufficiently establish the fact that restraint was employed upon gunmen had on the actions of the team which proves that fear
the persons of the team members.28 Furthermore, he claims was indeed instilled in the minds of the team members, to the
that the mere presence of armed men at the scene does not extent that they felt compelled to stay in Brgy. Lucob-Lucob.
qualify as competent evidence to prove that fear was in fact The intent to prevent the departure of the complainants and
instilled in the minds of the team members, to the extent that witnesses against their will is thus clear.
they would feel compelled to stay in Brgy. Lucob-Lucob.29
Regarding the Joint Affidavit of Desistance executed by the
Arbitrary Detention is committed by any public officer or private complainants, suffice it to say that the principles
employee who, without legal grounds, detains a person.30 The governing the use of such instruments in the adjudication of
elements of the crime are: other crimes can be applied here. Thus, in People v. Ballabare,
it was held that an affidavit of desistance is merely an
1. That the offender is a public officer or employee. additional ground to buttress the defenses of the accused, not
the sole consideration that can result in acquittal. There must
be other circumstances which, when coupled with the
2. That he detains a person. retraction or desistance, create doubts as to the truth of the
testimony given by the witnesses at the trial and accepted by
3. That the detention is without legal grounds.31 the judge. Here, there are no such circumstances.40 Indeed, the
belated claims made in the Joint Affidavit of Desistance, such
That petitioner, at the time he committed the acts assailed as the allegations that the incident was the result of a
herein, was then Mayor of Daram, Samar is not disputed. misunderstanding and that the team acceded to Mayor
Hence, the first element of Arbitrary Detention, that the Astorga’s orders "out of respect," are belied by petitioner’s own
offender is a public officer or employee, is undeniably present. admissions to the contrary.41 The Joint Affidavit of Desistance
of the private complainants is evidently not a clear repudiation
of the material points alleged in the information and proven at
Also, the records are bereft of any allegation on the part of the trial, but a mere expression of the lack of interest of private
petitioner that his acts were spurred by some legal purpose. complainants to pursue the case.1awphi1.nét This conclusion
On the contrary, he admitted that his acts were motivated by is supported by one of its latter paragraphs, which reads:
his "instinct for self-preservation" and the feeling that he was
being "singled out."32 The detention was thus without legal
grounds, thereby satisfying the third element enumerated 11. That this affidavit was executed by us if only to prove our
above. sincerity and improving DENR relations with the local Chiefs
Executive and other official of Daram, Islands so that DENR
programs and project can be effectively implemented through
What remains is the determination of whether or not the team the support of the local officials for the betterment of the
was actually detained. residence living conditions who are facing difficulties and are
much dependent on government support.42
In the case of People v. Acosta,33 which involved the illegal
detention of a child, we found the accused-appellant therein Petitioner also assails the weight given by the trial court to the
guilty of kidnapping despite the lack of evidence to show that evidence, pointing out that the Sandiganbayan’s reliance on
any physical restraint was employed upon the victim. However, the testimony of SPO1 Capoquian is misplaced, for the reason
because the victim was a boy of tender age and he was that SPO1 Capoquian is not one of the private complainants in
warned not to leave until his godmother, the accused- the case.43 He also makes much of the fact that prosecution
appellant, had returned, he was practically a captive in the witness SPO1 Capoquian was allegedly "not exactly privy to,
sense that he could not leave because of his fear to violate and knowledgeable of, what exactly transpired between herein
such instruction.34 accused and the DENR team leader Mr. Elpidio E. Simon, from
their alleged ‘confrontation,’ until they left Barangay Lucob-
In the case of People v. Cortez,35 we held that, in establishing Lucob in the early morning of 2 September 1997."44
the intent to deprive the victim of his liberty, it is not necessary
that the offended party be kept within an enclosure to restrict It is a time-honored doctrine that the trial court’s factual
her freedom of locomotion. At the time of her rescue, the findings are conclusive and binding upon appellate courts
offended party in said case was found outside talking to the unless some facts or circumstances of weight and substance
owner of the house where she had been taken. She explained have been overlooked, misapprehended or
that she did not attempt to leave the premises for fear that the misinterpreted.45 Nothing in the case at bar prompts us to
kidnappers would make good their threats to kill her should she deviate from this doctrine. Indeed, the fact that SPO1
do so. We ruled therein that her fear was not baseless as the Capoquian is not one of the private complainants is completely
kidnappers knew where she resided and they had earlier irrelevant. Neither penal law nor the rules of evidence requires
announced that their intention in looking for her cousin was to damning testimony to be exclusively supplied by the private
kill him on sight. Thus, we concluded that fear has been known complainants in cases of Arbitrary Detention. Furthermore,
to render people immobile and that appeals to the fears of an Mayor Astorga’s claim that SPO1 Capoquian was "not exactly
individual, such as by threats to kill or similar threats, are privy" to what transpired between Simon and himself is belied
equivalent to the use of actual force or violence.36 by the evidence. SPO1 Capoquian testified that he
accompanied Simon when the latter went to talk to
The prevailing jurisprudence on kidnapping and illegal petitioner.46 He heard all of Mayor Astorga’s threatening
detention is that the curtailment of the victim’s liberty need not remarks.47 He was with Simon when they were encircled by the
involve any physical restraint upon the victim’s person. If the men dressed in fatigues and wielding M-16 and M-14 rifles.48 In
acts and actuations of the accused can produce such fear in sum, SPO1 Capoquian witnessed all the circumstances which
the mind of the victim sufficient to paralyze the latter, to the led to the Arbitrary Detention of the team at the hands of Mayor
extent that the victim is compelled to limit his own actions and Astorga.

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Petitioner submits that it is unclear whether the team was in SO ORDERED.
fact prevented from leaving Brgy. Lucob-Lucob or whether they
had simply decided to "while away the time" and take
advantage of the purported hospitality of the accused.49 On the
contrary, SPO3 Cinco clearly and categorically denied that
they were simply "whiling away the time" between their dinner
with Mayor Astorga and their departure early the following
morning.50 SPO1 Capoquian gave similar testimony, saying
that they did not use the time between their dinner with Mayor
Astorga and their departure early the following morning to
"enjoy the place" and that, given a choice, they would have
gone home.51

Petitioner argues that he was denied the "cold neutrality of an

impartial judge", because the ponente of the assailed decision
acted both as magistrate and advocate when he propounded
"very extensive clarificatory questions" on the witnesses.
Surely, the Sandiganbayan, as a trial court, is not an idle
arbiter during a trial. It can propound clarificatory questions to
witnesses in order to ferret out the truth. The impartiality of the
court cannot be assailed on the ground that clarificatory
questions were asked during the trial.52

Thus, we affirm the judgment of the Sandiganbayan finding

petitioner guilty beyond reasonable doubt of Arbitrary
Detention. Article 124 (1) of the Revised Penal Code provides
that, where the detention has not exceeded three days, the
penalty shall be arresto mayor in its maximum period to prision
correccional in its minimum period, which has a range of four
(4) months and one (1) day to two (2) years and four (4)
months. Applying the Indeterminate Sentence Law, petitioner
is entitled to a minimum term to be taken from the penalty next
lower in degree, or arresto mayor in its minimum and medium
periods, which has a range of one (1) month and one (1) day to
four (4) months. Hence, the Sandiganbayan was correct in
imposing the indeterminate penalty of four (4) months of
arresto mayor, as minimum, to one (1) year and eight (8)
months of prision correccional, as maximum.

Before closing, it may not be amiss to quote the words of

Justice Perfecto in his concurring opinion in Lino v. Fugoso,
wherein he decried the impunity enjoyed by public officials in
committing arbitrary or illegal detention, and called for the
intensification of efforts towards bringing them to justice:

The provisions of law punishing arbitrary or illegal detention

committed by government officers form part of our statute
books even before the advent of American sovereignty in our
country. Those provisions were already in effect during the
Spanish regime; they remained in effect under American rule;
continued in effect under the Commonwealth. Even under the
Japanese regime they were not repealed. The same provisions
continue in the statute books of the free and sovereign
Republic of the Philippines. This notwithstanding, and the
complaints often heard of violations of said provisions, it is very
seldom that prosecutions under them have been instituted due
to the fact that the erring individuals happened to belong to the
same government to which the prosecuting officers belong. It is
high time that every one must do his duty, without fear or favor,
and that prosecuting officers should not answer with cold
shrugging of the shoulders the complaints of the victims of
arbitrary or illegal detention.

Only by an earnest enforcement of the provisions of articles

124 and 125 of the Revised Penal Code will it be possible to
reduce to its minimum such wanton trampling of personal
freedom as depicted in this case. The responsible officials
should be prosecuted, without prejudice to the detainees’ right
to the indemnity to which they may be entitled for the
unjustified violation of their fundamental rights.53

WHEREFORE, in view of the foregoing, the petition is hereby

DENIED. The Decision of the Sandiganbayan in Criminal Case
No. 24986, dated July 5, 2001 finding petitioner BENITO
ASTORGA guilty beyond reasonable doubt of the crime of
Arbitrary Detention and sentencing him to suffer the
indeterminate penalty of four (4) months of arresto mayor, as
minimum, to one (1) year and eight (8) months of prision
correccional, as maximum, is AFFIRMED in toto.

Costs de oficio.

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