Dear PAO,

I was driving along Alabang-Zapote Road when police officers flagged me for a defective headlight. I admitted my mistake and apologized to the apprehending police officers. However, the police officers accosted me and required me to go to the police station near the area. Upon arrival at the police station, I quickly offered my driver’s license for the issuance of a citation ticket. Unfortunately, they prohibited me from going home and forced me to stay in the police station until dawn. Were the actions of the police officers legal under the law?

Dexter

Dear Dexter,

To answer your question, we shall refer to succeeding legal provisions. Under Section 5, Rule 113 of the Revised Rules in Criminal Procedure, there are only three (3) grounds that justify a warrantless arrest, to wit:

“Section 5. Arrest Without Warrant; When Lawful. -A peace officer or a private person may, without a warrant, arrest a person:

“(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;

“(b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and

“(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.”

Relatedly, under Article 124 of the Revised Penal Code, it is provided that:

“Article 124. Arbitrary Detention. – Any public officer or employee who, without legal grounds, detains a person shall suffer; xxx”

In this case, your arrest and your subsequent detention are considered illegal. The traffic violation of a defective headlight only merits the issuance of a traffic citation ticket. This is clearly provided for in Chapter 3, Rule 2.3 (b) of the 2021 Revised Philippine National Police Operational Procedures, which governs the procedure for flagging down vehicles for violation of traffic laws, rules and regulations, and states that a police officer must immediately issue a Traffic Violation Receipt, or Temporary Operator’s Permit, as appropriate, and never indulge in prolonged and unnecessary conversation or argument with the driver or any of the vehicle’s occupants. Thus, a minor traffic violation is not a valid reason to arrest and detain a driver. The act of the police officers in detaining you and prohibiting you from going home until dawn is a clear case of deprivation of liberty. Hence, the police officers who arrested you, and without legal ground, detained you, are liable for arbitrary detention.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]