7. People Vs Garcia.docx

Valenton, Francis Angelo T.

Criminal Law 2

1S People vs Garcia (G.R. No. 126252)

Facts: The plaintiff-appellee is the People of the Philippines. The accused-appellant is Jesus Garcia y Manabat. In the case at bar, Senior Inspector Enmodias and SPO3 Panganiban boarded a passenger jeepney from their office in Cammp Dangwa in Benguet en route to Baguio City. While in the jeepney, they saw the accused carrying a plastic bag blaced on his lap. The two policemen were suspicious at the accused for the reason that they seem smell marijuana from the accused’s bag. Then they decided to follow the accused and later on asked the accused if they could inspect his travelling bag. The accused surrendered his bag, and the two policemen found five bricks of what appeared to be dried marijuana leaves. Hence, they arrested the accused. He was detained then for the reason of illegal possession of prohibited drugs under RA 6425 as amended by RA 7659. He then was found guilty of said crime. On appeal, he contends the arresting officers committed arbitrary detention for failing to deliver him to proper judicial authorities.

Issue: Whether or not the arresting officers can be held liable for arbitrary detention.

Held: The Supreme Court said the arresting officers cannot be held liable for arbitrary detention under the Article 125 of the Revised Penal Code. It is for the reason that the crime committed by the herein accused is punishable by reclusion perpetua to death. Hence, that law gives arresting officers 36 hours to deliver him to proper authorities. And as provided by the evidence, it was said that the detention of the accused for the purposes of investigation did not exreed the duration allowed by law.