Tuesday, February 07, 2006


The prisoner so maltreated must be a prisoner in the legal sense, one who is already booked and not merely one who is detained. In other words, the booking sheet and arrest report must have already been fully accomplished, indicating that the subject is already an accountability of the government.

So if the maltreatment was committed before the booking sheet and arrest report was accomplished, there is no crime of maltreatment of prisoner, but only physical injuries, or coercion as the case may be.

The crime can only be committed by those entrusted with the handling of prisoner who “overdo” themselves in disciplining prisoners. It is not really necessary that the prisoners suffer some form of injuries. If injuries were suffered, a separate accusation for the physical injuries suffered aside from the crime of maltreatment of prisoner shall be incurred by public officer liable therefore. IOW, the 2 crimes should not be complexed in one Information only.
The mere handling of prisoner not authorize by the prison rules and regulation would bring about the crime, even without the prisoner suffering from any injury or maltreatment, like hanging a placard on the neck of the prisoner for the public to see the writing on the placard which says, “ Look at his face. This is the face of a rapist.” That is maltreatment of prisoner if the prisoner is already booked and made an accountability of the government. Otherwise, the crime will only be one of libel against the person of the prisoner.

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