G.R. No. L-6082 March 18, 1911THE UNITED STATES, plaintiff-appellee, vs.ISIDRO VICENTILLO, defendant-appellant.Ponente: Justice Carson

Topic: Insuperable Cause

Facts:

Vicentillo, a policeman was found guilty by the lower court of "illegal and arbitrary detention" of the complaining witness for a period of three days, and sentenced to pay a fine of 625 pesetas, with subsidiary imprisonment in case of insolvency, and to pay the costs of the trial.

Three days were expended in the detention , but it was conclusively proven at the trial that at the time of the arrest neither the local justice of the peace nor his auxiliary were in the municipality, and to reach the justice of the peace of either of the two adjoining municipalities, it was necessary to take a long journey by boat.

Issue:FAILING TO PERFORM AN ACT WHEN PREVENTED BY SOME LAWFUL OR INSUPERABLE CAUSE

Held:

The judgment of conviction of the lower court must therefore be reversed, unless the evidence discloses that having made the arrest, the defendant arbitrarily and without legal authority, as it is alleged, cause the complaining witness to be detained for a period of three days without having him brought before the proper judicial authority for the investigation and trial of the charge on which he was arrested. But so far as we can gather from the record in this case the arrested man was in fact brought before a justice of the peace as soon as "practicable" after his arrest.

The judgment of the lower court convicting and sentencing the defendant is reversed and he is hereby acquitted.

Attached is the the digest from Esguerra.US v. Vicentillo (1911)A policeman charged cannot be held liable forillegal detention when after arresting his victims, it tookhim three days to reach the nearest judge. The distancewhich required a journey for three days was consideredto be an insuperable cause.