People vs Misa

CA 36 OG 3496

Contention of the State

The chief of police rearrested a woman who had been released by means of a
verbal order of the justice of the peace. Without verifying the order of release,
the accused proceeded to make the re-arrest. He is charged with arbitrary
detention.

Defense of the Accused

The accused claimed that he acted without malice.

Ruling of the Supreme Court

The chief of police committed arbitrary detention through simple imprudence

provided for and punished under Article 365, paragraph 2 of the Revised Penal
Code in connection with Article 124 paragraph 1 of the same Code.

Periods of detention penalized

a) If the detention has not exceeded 3 days

b) If the detention has continued more than 3 days but not more than 15
days
c) If the detention has continued more than 15 days but not more than 6
months.
d) If the detention has exceeded 6 months (art 124 Nos 1 to 4)