Case Digest (G.R. No. 250287)
Facts:
In Melencio Sayo and Joaquin Mostero v. The Chief of Police and Officer in Charge of the Municipal Jail, City of Manila (G.R. No. L-2128, May 12, 1948), petitioners Sayo and Mostero were arrested without warrant on April 2, 1948 in Manila upon complaint of Bernardino Malinao and the ensuing action of Patrolman Benjamin Dumlao. The arresting officer failed to bring them before any court or judge within six hours, instead delivering them to the City Fiscal’s Office, which undertook an investigatory inquiry but did not file an information nor obtain a warrant of commitment within the statutory period. Detained continuously until their May 7 habeas corpus petition reached this Court, the petitioners challenged the legality of their restraint. The lower courts issued no warrants against them nor ruled on the complaint. The case was delayed for lack of a quorum in Manila and was transferred to the Baguio Division of the Supreme Court for final disposition.Issues:
Did the delivery ...Case Digest (G.R. No. 250287)
Facts:
- Arrest and detention
- On April 2, 1948, Melencio Sayo and Joaquin Mostero (petitioners) were arrested at about 11:30 a.m. by Patrolman Benjamin Dumlao of the Manila police upon the oral complaint of Bernardino Malinao for alleged robbery.
- The arrest was made without a warrant. The petitioners were finally placed under formal arrest later the same day but remained continuously in custody.
- Fiscal action and habeas corpus
- Dumlao presented a complaint to the City Fiscal’s Office of Manila, but no information was filed with any court within six hours as required by law.
- On April 6, 1948, a petition for habeas corpus was filed in this Court; a hearing was held on April 7, 1948, by the Supreme Court acting in Baguio division due to lack of quorum in Manila.
- Procedural background
- There was no official report from the City Fiscal as to any action on the complaint.
- The Court proceeded to decide the principal question to provide future guidance to arresting and prosecuting officers.
Issues:
- Whether the City Fiscal of Manila is a “judicial authority” within the meaning of Article 125 of the Revised Penal Code.
- Whether detention beyond six hours without delivery to a proper judicial authority constitutes illegal restraint of liberty.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)