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Illegal detention – serious and slight – explained

Metro Manila (CNN Philippines) — Crimes involving illegal detention has been big news lately.

This year, the Makati Regional Trial Court found Janet Lim-Napoles guilty of serious illegal detention in the case filed by Benhur Luy.

Luy accused Napoles of detaining him for almost three months.

The latest controversy now involves a criminal complaint filed by former Iglesia Ni Cristo (INC) minister Isaias Samson Jr.

Samson had accused members of the INC High Council, or Sanggunian, of illegal detention — along with harassment, threats and coercion.

This complaint sparked an uproar in the church, triggering a five-day protest in Manila and EDSA toward the end of last August.

Dean Nilo Divina of the University of Santo Tomas (UST) Law said on Wednesday (September 2) that illegal detention involves depriving someone of his or her liberty — not just physical detention.

Luy’s former legal counsel, Levito Baligod, agreed to this.

“It does not mean the victim is enclosed in a room. It is enough that he is subjected to either physical or psychological restraint,” Baligod said.

Divina explained there are two types of illegal detention — slight and serious.

It is categorized as serious illegal detention if it lasted for more than three days or the crime was committed against women, minors or public officers.

Samson claimed that on July 16,  six of the eight members of the INC Sanggunian came to his office — and accused him of  being “Antonio Ebanghelista”

“Antonio Ebanghelista” is a blogger who wrote about supposedly suspicious transactions by the Council’s officials. This was published in a blog called “Iglesia Ni Cristo Silent No More”.

Samson said the INC Council members confiscated his phone and office desktop computer, along with his home computer.

Later, after returning from a church service, Samson claime Council member Radel Cortez “sternly ordered” him and his family to stay at their home within the INC Compound.

He said armed men prevented his wife and son from buying groceries and leaving their house.

It was only on July 23 that he and his family were able to “escape” from the INC compound.

Justice Secretary Leila de Lima had said Samson’s complaint will go through the regular process.

That means it will be assigned to a prosecutor or a panel of prosecutors for preliminary investigation.

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