SECOND DIVISION
[G.R. No. 241924. June 3, 2019.]
JASMIN B. ARREGLO AND VENANCIO M. ACEDO, petitioners, vs.OFFICE OF THE DEPUTY OMBUDSMAN FOR THE MILITARY AND OTHER LAW ENFORCEMENT OFFICES, REPRESENTED BY GRAFT INVESTIGATION AND PROSECUTION OFFICER MARIE GRACE P. PULAYAN-ROLDAN, PSINSP. ROLAND DESIREE DS LAVISTO A.K.A. PSINSP. ROLAND DESIREE DELOS SANTOS LAVISTO, SPO2 ROGELIO BALURAN A.K.A. SPO2 ROGELIO AYUBAN BALURAN, POLICE OFFICER GREGORIO BUSANO ATON, BARANGAY CAPTAIN CARLITO TIMBALACO A.K.A. BARANGAY CAPTAIN CARLITO MANTICA TIMBALACO, AND BARANGAY KAGAWAD GAUDENCIO TIMBALACO, JR. A.K.A. BARANGAY KAGAWAD GAUDENCIO MANTICA TIMBALACO, JR., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated03 June 2019which reads as follows:
"G.R. No. 241924 (Jasmin B. Arreglo and Venancio M. Acedo v. Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices, represented by Graft Investigation and Prosecution Officer Marie Grace P. Pulayan-Roldan, PSInsp. Roland Desiree DS Lavisto a.k.a. PSInsp. Roland Desiree Delos Santos Lavisto, SPO2 Rogelio Baluran a.k.a. SPO2 Rogelio Ayuban Baluran, Police Officer Gregorio Busano Aton, Barangay Captain Carlito Timbalaco a.k.a. Barangay Captain Carlito Mantica Timbalaco, and Barangay Kagawad Gaudencio Timbalaco, Jr. a.k.a. Barangay Kagawad Gaudencio Mantica Timbalaco, Jr.)
After a judicious study of the case, the Court resolves to DISMISS the instant petition 1 and AFFIRM the March 9, 2018 Joint Resolution 2 and the June 4, 2018 Joint Order 3 in OMB-P-C-17-0312 and OMB-P-A-17-0367 of the Office of the Ombudsman (Ombudsman) for failure of petitioners Jasmin B. Arreglo and Venancio M. Acedo (petitioners) to sufficiently show that the Ombudsman committed grave abuse of discretion in dismissing all the charges against respondents PSInsp. Roland Desiree DS Lavisto a.k.a. PSInsp. Roland Desiree Delos Santos Lavisto, SPO2 Rogelio Baluran a.k.a. SPO2 Rogelio Ayuban Baluran, Police Officer Gregorio Busano Aton, Barangay Captain Carlito Timbalaco a.k.a. Barangay Captain Carlito Mantica Timbalaco, and Barangay Kagawad (Brgy. Kgd.) Gaudencio Timbalaco, Jr. a.k.a. Brgy. Kgd. Gaudencio Mantica Timbalaco, Jr. (respondents).
Arbitrary Detention is committed by a public officer who, without legal grounds, detains a person, defined and penalized under Article 124 of the Revised Penal Code. The elements of the above-mentioned crime are the following: (a) that the offender is a public officer or employee; (b) that he detains a person; and (c) that the detention is without legal grounds. 4 The commission of a crime, or violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital are considered legal grounds for the detention of a person. As correctly ruled by the Ombudsman, respondents arrested and detained petitioners who were caught in flagrante delicto cohabiting as husband and wife, thereby constituting a legal ground for their warrantless arrest. 5 Moreover, respondents were merely performing their duty as police officers, which is presumed to be lawful and regular.
Hence, no grave abuse of discretion can be attributed to the Ombudsman in dismissing the charges against respondents.
SO ORDERED. (CAGUIOA, J., on official leave.)"
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 3-22.
2.Id. at 27-30. Approved by Deputy Ombudsman for the Military and other Law Enforcement Offices Cyril E. Ramos.
3.Id. at 31-33.
4.Astorga v. People, 459 Phil. 140, 149 (2003).
5. See rollo, p. 29.