Driver detained without legal ground

Driver detained without legal ground "My employee, a Grab driver, was caught by police officers for illegal parking.  My driver explained to them that he was just waiting for his passenger to arrive.  One of the police officers got angry and immediately told my driver to get out of the vehicle.  Naturally, my driver refused and requested that a traffic violation ticket be issued instead.  However, the police officer accused my driver of being arrogant.  My driver was arrested and was detained for two days in the police station.  On the third day, he was released with no formal charges filed against him.  Is the detention legal under the law?Mack Dear Mack,To answer your question, we shall refer to Article 124 of the Revised Penal Code, which provides: “Article 124. Arbitrary detention. - Any public officer or employee who, without legal grounds, detains a person, shall suffer“1. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the detention has not exceeded three days “xxx”In this case, the arrest and detention of your driver was not legal.  The traffic violation of illegal parking (attended) only merits the issuance of a traffic ticket, and a fine of P1,000 as provided in the Metropolitan Manila Development Authority list of traffic violations and penalties uploaded on Aug. 27, 2019 in their official website.  Thus, a minor traffic violation is not a valid reason to arrest and detain a driver.  Moreover, arrogance is not a crime punishable under the Revised Penal Code.  The act of the police officers in detaining your driver and prohibiting him from going home constituted a clear case of deprivation of liberty.  Releasing your driver after two days will not extinguish the criminal liability of the police officers.  Hence, those police officers who, without legal ground, detained your driver, 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.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/