REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE OFFICE OF THE CITY PROSECUTORS OFFICE CAGAYAN DE ORO CITY JUAN DELA

CRUZ, Private Complainant. versus For: Arbitrary Detention I.S. NO. __________________

SPO4 LUIS G. GERMAN ACCUSED. X-------------------------------------------------------/ POSITION PAPER Comes now, herein PRIVATE COMPLAINANT, through the undersigned counsel and before this Honorable Court, most respectfully avers the following contentions, to wit: STATEMENT OF FACTS That some time in January 20, 2009, around 6:00 pm in the evening, private complainant attended the Mindanao Economic Forum in Pryce Plaza Hotel, the same event was attended by several National and Local Government Officials, and nonetheless the President of the Republic of the Philippines, Gloria Macapagal-Arroyo. That on the same day, news reports from several news agencies reported that there is an assassination attempt on the President. That when private complainant was about to enter the function room where the President is about to give her keynote address to the participants of the forum, the accused arrested him (private complainant) without an arrest warrant and later detained in the Camp Alagar, Lapasan, Cagayan de Oro City. That according to the accused, the arrest of private complainant was due to his suspicion that he might be implicated in the plot to assassinate the President and that he was related to Ka- Dulce, a NPA Commander. That private complainant was kept in detention from 7 pm to 9 am the next day, January 21, 2009. ISSUE Whether or not the accused committed arbitrary detention, an act contrary to law?

ARGUMENTS/ DISCUSSIONS Article 124 Revised Penal Code provides that any public officer or employee who, without legal grounds, detains a person, shall be liable for arbitrary detention. The Elements of Arbitrary Detention are, 1) that the offender must be a public officer or employee, 2) that he detains a person, 3) and that the detention is without legal grounds.( Milo vs. Salonga, 152 SCRA 113) The following are the legal grounds for the detention of any person: a) The commission of a crime b) Violent insanity or other ailment requiring the compulsory confinement of the patient in the hospital.( Art. 124 par.2) Based on the facts, the accused committed arbitrary detention against private complainant. All the elements of the crime is present in the case. First, the accused is a police officer which makes him a public officer. Second, he detained the private complainant. Third, the detention is without legal grounds, since private complainant did not commit a crime nor is suffering of violent insanity. Private complainants detention was based on mere suspicion that he is involved in a plot to assassinate the President. Jurisprudence provides that mere suspicion of the connection with any murderous plot is no ground recognized by law for restraining the freedom of any individual.(Taruc vs. Carlos, 78 Phil 876) Hence the accused has committed arbitrary detention. Contrary to Law. January 30, 2009. Cagayan de Oro City, Philippines . ASSISTED BY: LAWRENCE LEO K.PELAEZ ROLL NO. 50011; TIN NO. 926-267-123 IBP NO. 671117; DEC. 5, 2008; MIS. OR. PTR NO. 9456966; JAN. 2, 2010; CAG. DE ORO PELAEZ LAW OFFICE AND ASSOCIATES PELAEZ BUILDING CORRALES AVENUE, CAGAYAN DE ORO CITY