G.R. No. L-2128; May 12, 1948
MELENCIO SAYO and JOAQUIN MOSTERO, petitioners, vs. THE CHIEF OF POLICE and THE OFFICER IN CHARGE OF MUNICIPAL JAIL, BOTH OF CITY OF MANILA, respondents.

FACTS

Petitioners Melencio Sayo and Joaquin Mostero were arrested without a warrant on April 2, 1948, by a Manila policeman based on a complaint for robbery. They were detained and a complaint was filed with the city fiscal’s office. As of April 7, 1948, when their petition for habeas corpus was heard, they remained detained, and the city fiscal had not yet filed an information in court nor released them.

ISSUE

Whether the city fiscal of Manila is a “judicial authority” under Article 125 of the Revised Penal Code, to whom a person arrested without a warrant must be delivered within six hours to prevent the detaining officer from incurring criminal liability.

RULING

No. The city fiscal is not a “judicial authority” within the meaning of Article 125 of the Revised Penal Code. The term refers exclusively to courts of justice or judges vested with judicial power to issue a warrant of arrest or commitment, as provided under the Constitution. Since the city fiscal lacks the authority to issue such a warrant, detention beyond six hours without delivering the arrested person to a proper court or judge is illegal. The petitioners’ continued detention without being brought before a judicial authority was therefore unlawful, and the writ of habeas corpus was granted. The Court emphasized that the constitutional safeguard against unreasonable seizures requires that only a judge may issue a warrant of commitment after determining probable cause.

AI Generated by Armztrong.