Astorga vs People (2003)

Benito Astorga, petitioner vs People of the Philippines, respondent

Facts:
A case for Arbitrary Detention was filed against Benito Astorga and a number
of his men
o Astorga was the Mayor of Daram, Samar
Unlawfully detained The Team Elpidio Simon (Team Leader), Moises dela
Cruz (Forester II), Wenifredo Maniscan (Scaler), Renato Militante(Forest
Ranger) and Crisanto Pelias (Tree Marker)
All employees of Regional Special Operations Group (RSOG) of
the DENR Office No. 8 in Tacloban City
September 1, 1997 The Team was sent to the island of Daram, Samar to
conduct intelligence gathering and forest protection operations in line with
govts campaign against illegal logging.
o They were escorted by SPO3 Andres Cinco, Jr and SPO1 Rufo
Capoquian
The Team stopped at Brgy. Bagacay, Daram, Samar at 2pm.
o They saw 2 yacht-like boats being constructed
o These belonged to Michael Figueroa, who was not around at the time
On board DENRs service pump boat, The team spotted 2 more boats being
constructed in Brgy. Lucob-Lucob, Daram, Samar araound 4-5PM
o They stop and investigate
o There they met Mayor Astorga
o Simon, dela Cruz, SPO3 Cinco and SPO1 Capoquian met with Mayor
Astorga
o Mayor Astorga suddenly slapped Simons shoulder and exclaimed
I can make you swim back to Tacloban. Dont you know I can
box? I can box. Dont you know that I can declare this a
misencounter?
(Editor Notes Illegal ata ginagawa ni Mayor Astorga?
Gumagawa ng banka gamit illegally logged wood? Ewan. Ewan
ko bakit sya nagalit at naghamon. Or baka naparanoid lang.)
o Mayor Astorga called for reinforcements
A banca arrived bearing 10 mean in fatigue uniforms and armed
with M-16, M-14 rifles
The armed men surrounded the team, guns pointed at team
members
o Simon tried to explain their mission to Mayor Astorga.
He also tried to radio DENR Catbalogan to inform the office of
their whereabouts but Mayor Astorga stopped him.
Simon also asked Mayor Astorga to allow the team to go home,
but the Mayor wouldnt allow them.
o Mayor Astorga further addressed the team:

If you really want to confiscate anything, you start with the bigtime. If you confiscate the boats of Figueroa at Brgy. Bagacay, I
will surrender mine
(Editor Notes So, illegal gumawa ng banka? Ewan.)
You cannot go home now because I will bring you to Daram. We
will have many things to discuss there.
The team was brought to a house and had dinner with Mayor Astorga and
several others between 7-8PM.
The team was finally allowed to leave at 2AM the following day.
A case was filed for Arbitrary Detention against Mayor Astorga in the
Sandiganbayan
o But only Simon remained as complainant
o The other team members filed a Joint Affidavit of Desistance
The Sandiganbayan found Mayor Astorga guilty.
Hence this petition.

Issue:
1) WON Mayor Astorga was guilty of Arbitrary Detention? YES
Elements of Arbitrary Detention:
i. Offender is a public office or employee
ii.Offender detains a person
iii. Detention is without legal grounds
Elements (i) and (iii) are not disputed.
Astorga was mayor of Daram.
Acts were not spurred by legal purpose.
In fact, Astorga admits he felt he was being singled-out
and he was motivated by instinct for self-preservation
What is left is to determine if The Team was actually detained.
Prevailing jurisprudence on kidnapping and illegal detention is that
curtailment of the victims liberty need not involve any physical
restraint upon the victims person.
It is enough that acts produce fear in the mind of the victim
In this case, in spite of the teams pleas, they were not allowed
to go home
There were also armed men pointing their guns at them
The intent to prevent the departure of the tem against their will
is thus clear.
Astorga submits that the team was not prevented from leaving and
they simply whiled away the time and took advantage of Astorgas
hospitality.
SPO1 Capoquian testimony denies this fact. Given a choice they
would have gone home.

Regarding the Joint Affidavit of Desistance

 It is merely and additional ground to buttress the defense and

not the sole consideration that can result in acquittal
It was also not a clear repudiation of the material facts of the
case, but a mere expression of lack of interest to pursue the
case
In the spirit of maintaining healthy relationship with
Darams Local Government Unit so that DENRs programs
may continue to be carried out in the island

SPO1 Capoquian testimony against Astorga was given credence.

He heard all of Astorgas threats and witnessed all
circumstances leading to the Arbitrary Detention
No reason to depart from Sandiganbayans pronouncements.

Decision
Petition DENIED.
Mayor Astorga GUILTY.
Penalty
4 months of arresto mayor, minimum
1 year, 8 mos of prision correccional, maximum