G.R. No. L-25860 June 29, 1967
HON. FERNANDO T. BERNAD, as City Mayor, HON. FERMIN VILLAR, as Vice-Mayor, HON. MANUEL CORTES, HON. LILIANO NERI, HON. TEOPISTO CEBEDO, JR., HON. IRENE LUANSING, HON. CRISTINO ABASOLO, JR., HON. EMILIO SY, HON. ANGEL MEDINA, HON. ALBERTO INESIN, as City Councilors of the City of Ozamis, ELENO V. KABANLIT, as City Treasurer, and EMETERIO A. BUYCO, as City Auditor of Ozamiz City, petitioners, vs. HON. ALFREDO CATOLICO, as Judge of the Court of First Instance of Misamis Occidental Branch I, or whoever will take his place, respondent.

FACTS

On March 11, 1966, respondent Judge Alfredo Catolico issued an order in Special Case No. 9, directing the petitioners (the Mayor, Vice-Mayor, Councilors, City Treasurer, and City Auditor of Ozamiz City) to appear and show cause why they should not be held in contempt of court. The charge was their alleged contumacious refusal to provide and maintain a “detention cell or room” for all persons who are detention prisoners pending trial of their cases at Branch II of the Court of First Instance in Ozamiz City. The petitioners responded by adopting Resolution No. 159 on March 14, 1966, offering the temporary use of a city jail cell for provincial detention prisoners triable in Branch II, but they recorded their belief that this duty belonged to the Province of Misamis Occidental, not to Ozamiz City. In their answer to the contempt charge, they admitted not providing a cell for prisoners from other towns within Branch II’s jurisdiction, claiming this duty devolved upon provincial authorities. Despite subsequent communications and a scheduled hearing, the petitioners filed the present petition for certiorari and prohibition with the Supreme Court on March 25, 1966, to nullify the contempt charge and stop the proceedings. The Supreme Court issued a cease-and-desist order. Subsequently, respondent Judge signed an order on March 26, 1966, dropping the petitioners from the contempt charges and dismissing the case as to them, citing their cooperation shown in Resolution No. 159. This order remained unpromulgated due to the Supreme Court’s restraining order.

ISSUE

Whether it is the duty of the petitioners, as officials of Ozamiz City, to provide a detention cell for and maintain provincial detention prisoners whose cases are cognizable by Branch II of the Court of First Instance of Misamis Occidental.

RULING

No. The Supreme Court ruled that the petitioners have no legal duty to provide a detention cell for or maintain provincial detention prisoners. The Court examined the Ozamiz City charter and found no provision imposing such an obligation on the city authorities. The charter enumerates the powers and duties of city officials but does not include establishing or maintaining detention facilities for provincial prisoners. Conversely, the Revised Administrative Code imposes a mandatory duty on provinces to maintain jails at their own expense for provincial prisoners, which include persons detained pending trial before the Court of First Instance. Furthermore, the law delineates that maintenance expenses for provincial prisoners are the concern of the province, while municipal prisoners are the responsibility of the city or municipality where the offense was committed. Since no legal duty was imposed by law, the respondent Judge’s March 11, 1966 order demanding compliance from the petitioners was issued without jurisdiction. Therefore, the order was declared null and void. The petition for certiorari and prohibition was dismissed, as the unpromulgated March 26, 1966 order of respondent Judge had already dropped the charges against the petitioners.