G.R. No. 134503 - Agbay vs. Deputy Ombudsman for the Military

On September 7, 1997, petitioner Jasper Agbay and Sherwin Jugalbot were arrested and detained at the Liloan Police Station, Metro Cebu, for alleged violation of R.A. 7610 (Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act).
On September 8, 1997, a complaint for violation of R.A. 7610 was filed by Joan Gicaraya for and in behalf of her daughter Gayle before the 7th Municipal Circuit Trial Court (MCTC) of Liloan, Metro Cebu.

On September 10, 1997, counsel for petitioner wrote the Chief of Police of Liloan demanding immediate delivery of petitioner to the proper judicial authority within 36 hours; respondents did not act.
On September 12, 1997, the 7th MCTC issued an order “Detention During the Pendency of the Case,” committing petitioner to the Cebu City jail.
On September 17, 1997, petitioner was ordered released by the same court after posting bail.

On September 26, 1997, petitioner filed a criminal complaint for delay in the delivery of detained persons against SPO4 Nemesio Natividad, Jr., SPO2 Eleazar M. Solomon, and other unnamed officers before the Office of the Deputy Ombudsman for the Visayas.
By virtue of Memorandum Circular No. 14, Series of 1995 (Ombudsman), the case was transferred to the Deputy Ombudsman for the Military (OMB-VIS-CRIM-97-0786).

On January 19, 1998, the Deputy Ombudsman for the Military issued a Resolution recommending dismissal of the complaint for delay in delivery.
On April 13, 1998, the Deputy Ombudsman denied petitioner’s motion for reconsideration of that Resolution.

Petitioner filed this petition for certiorari before the Supreme Court seeking nullification of the January 19, 1998 Resolution and the April 13, 1998 Order.

Whether the Deputy Ombudsman for the Military had competence to act on the complaint against PNP personnel under Memorandum Circular No. 14, Series of 1995.
Whether the Deputy Ombudsman for the Military had jurisdiction to question the Municipal Circuit Trial Court of Liloan’s authority.
Whether the 7th MCTC of Liloan is the “proper judicial authority” under Article 125 of the Revised Penal Code, thereby interrupting the 36-hour period for delivery of detained persons.
Whether the validity of the MCTC’s detention and commitment orders is relevant to the criminal liability of private respondents for delay in delivery.
Whether private respondents fulfilled their duty under Article 125 by filing the formal complaint on September 8, 1997 with the 7th MCTC.