Arbitrary detention is any public officer or employee who, without legal grounds, detains a person
The penalty of arresto mayor in its maximum period to prision correcionnal in its minimum period, if the detention has not exceeded three days
the penalty of prision correcional in its medium and maximum periods, if the detention has continued more than three but not more than 15 days
the penalty of prision mayor if the detention has continued for more than 15 days but not more than 6 months
the penalty of reclusion temporal if the detention shall have exceeded 6 months
What are the elements of arbitrary detention?
That the offender is a public officer or employee.
That he detains a person.
That the detention is without legal grounds.
What are the elements of Article 125?
any public officer or employee who shall detain a person for some legal grounds and shall fail to deliver such person to the proper judicial authorities
In every case, the person detained shall be informed of the cause of his detention and shall be allowed upon his request, to communicate and confer at any time with his attorney or counsel
what are the elements of delaying release?
any public officer or employee who delays for the period of time specified therein the performance of any judicial or executive order for the release of a prisoner or detention prisoner
what are elements of expulsion?
any public officer or employee who, not being thereunto authorized by law, shall expel any person from the Philippine Islands or shall compel such person to change his residence
