Astorga v People

G.R. No. 154130. August 20, 2004

Art. 124 - Arbitrary Detention

Facts:

• Private offended parties together with two police officers were sent to the Island of Daram, Western Samar to conduct intelligence operations on possible illegal logging activities.
•  The team found two boats being constructed at Barangay Locob-Locob, where they met petitioner Benito Astorga, the Mayor of Daram, who turned out to be the owner of the boats.
• A heated altercation ensued between petitioner and the DENR team.
• Petitioner called for reinforcements and, moments later, a boat bearing ten armed men, some wearing fatigues, arrived at the scene.
• The DENR team was then brought to petitioner’s house in Daram, where they had dinner and drinks. The team left at 2:00 a.m.

Issue:

                WoN the petitioner is guilty of Arbitrary Detention

Held:

No, the Petitioner Benito Astorga is acquitted of the crime of Arbitrary Detention on the ground of reasonable doubt.

The determinative factor in Arbitrary Detention, in the absence of actual physical restraint, is fear. After a careful review of the evidence on record, the court find no proof that petitioner instilled fear in the minds of the private offended parties. The court fail to discern any element of fear from the narration of the witness, which created a reasonable doubt as to whether petitioner detained the DENR Team against their consent.

As held in several cases, when the guilt of the accused has not been proven with moral certainty, the presumption of innocence of the accused must be sustained and his exoneration be granted as a matter of right. When the circumstances are capable of two or more inferences, as in this case, one of which is consistent with the presumption of innocence while the other is compatible with guilt, the presumption of innocence must prevail and the court must acquit. It is better to acquit a guilty man than to convict an innocent man.