Professional Documents
Culture Documents
Arbitrary Detention
Arbitrary Detention
Elements
1.
2.
3.
Probable Cause
Such facts and circumstances which could lead a
reasonable, discreet and prudent man to believe that an
offense has been committed and that the object sought in
connection with the offense are in the place sought to be
searched.
Prosecutions version:
Defendants version
Rolando Dural
Espiritu
Nazareno
Penalties
Penalties
Duration of Detention
Penalty
3 days or less
Prision Mayor
Reculsion Temporal
Classification
Offender
Public officer
Any person
Public Officer
Act punished
(b) Within ten (10) days after the filing of the complaint, the
investigating officer shall either dismiss it if he finds no ground to
continue with the investigation, or issue a subpoena to the
respondent attaching to it a copy of the complaint and its
supporting affidavits and documents.
The respondent shall have the right to examine the evidence
submitted by the complainant which he may not have been
furnished and to copy them at his expense. If the evidence is
voluminous, the complainant may be required to specify those
which he intends to present against the respondent, and these shall
be made available for examination or copying by the respondent at
his expense.
Objects as evidence need not be furnished a party but shall be
made available for examination, copying, or photographing at the
expense of the requesting party.
(c) Within ten (10) days from receipt of the subpoena with
the complaint and supporting affidavits and documents, the
respondent shall submit his counter-affidavit and that of his
witnesses and other supporting documents relied upon for his
defense. The counter-affidavits shall be subscribed and sworn
to and certified as provided in paragraph (a) of this section,
with copies thereof furnished by him to the complainant. The
respondent shall not be allowed to file a motion to dismiss in
lieu of a counter-affidavit.
(d) If the respondent cannot be subpoenaed, or if subpoenaed,
does not submit counter-affidavits within the ten (10) day
period, the investigating officer shall resolve the complaint
based on the evidence presented by the complainant.
(e) The investigating officer may set a hearing if there are facts
and issues to be clarified from a party or a witness. The
parties can be present at the hearing but without the right to
examine or cross-examine. They may, however, submit to the
investigating officer questions which may be asked to the
party or witness concerned.
The hearing shall be held within ten (10) days from
submission of the counter-affidavits and other documents or
from the expiration of the period for their submission. It shall
be terminated within five (5) days.
(f) Within ten (10) days after the investigation, the investigating
officer shall determine whether or not there is sufficient
ground to hold the respondent for trial.