I. Concept: It is the crime committed by any person, whether a private person or public officer, who arrest or detains a person without reasonable ground therefore, for the purpose of delivering him to the proper authorities.

A. The public officer is one who has no power to arrest or order the detention of another, else it is arbitrary detention.

B. The situation is that the arrest is not a valid warrantless arrest but the victim is brought before the police or prosecutor’s office or court, for the purpose of filing charges against the victim.

C. If the purpose is otherwise, the crime may be detention or coercion or abduction.

D. The term is not “Illegal Arrest”.

E. This maybe complexed with Incriminatory Machination. E.g. A person placed a knife in the bag of another and then arrests him and brings him to the police station


Art. 269. Unlawful Arrest