Cayao v.

Del Mundo

En Banc

Per Curiam

AM No. MTJ-93-813

15 September 1993

Facts:

Cayao was a bus driver, who, while working, overtook another bus and almost collided with an owner-
type jeep that was owned by Judge Del Mundo, who was also a passenger at the time. Later on the same
day, Cayao was picked up by policemen and was brought to the sala of Judge Del Mundo. Who then
accused Cayao of nearly causing an accident. And without a chance to explain, gave Cayao three
punishments to choose from. The options being charged with multiple attempted homicide, revocation
of his driver’s license, and to be put in jail for three days. Cayao chose to be put in jail.

Issue: YES

Whether or not being allowed to move freely in a police station, while not put inside the jail and being
allowed to move freely, equates to detention.

Ruling:

The idea of confinement is not synonymous only with incarceration inside a jail cell. It is enough to
qualify as confinement that a man be restrained, either morally or physically, of his personal liberty.
Under the circumstances, respondent judge was in fact guilty of arbitrary detention when he, as a public
officer, ordered the arrest and detention of complainant without legal. In overtaking another vehicle,
complainant-driver was not committing or had not actually committed a crime in the presence of
respondent judge. Such being the case, the warrantless arrest and subsequent detention of complainant
were illegal.