Citing Medina v. Orozco, SC ruled that there was no violation of Art. 125.

Sundays,
holidays and election days are EXCLUDED in the computation being “no office days”.

Sayo vs. Chief of Police

“For the purpose of determining the criminal liability of an officer detaining a person for
more than 6 hours xxxx, the means of communication as well as the hour of arrest and
other circumstances, such as the time of surrender and the material possibility of the
fiscal to make the investigation and file in time the necessary information, must be taken
into consideration.”

Judicial authority within the meaning of Art. 125 must be a judge. Delivery to judicial
authority does not consist in a physical delivery, but in filing of an Information with the
court whereby the latter acquires jurisdiction”. If the fiscal does not file the Information
within the hours prescribed by law and the officer continues to hold the prisoner, the
fiscal will not be responsible for violation of Art. 125 because he is not the one who
detained, unless he ordered the continued detention.”

Medina vs. Orozco

From the time of accused’s arrest to to the filing of the Information, more than 72 hours
have elapsed. Nov. 7 was a Sunday, Nov. 8 was a holiday, Nov. 9 was election day.
These were “no office days”, and are excluded in the counting of the periods under Art.
125. The accused were brought to court the very first office day following the arrest. Art.
125 was not violated.

There was no delay in the delivery of the accused to the court xxx, because the two
days following his arrest were holidays. Detention under a valid information is one thing,
arbitrary detention anterior thereto is another. They are separate concepts. Simply
because at the inception, the detention was wrong, is no reason for releasing the
accused after the serious charge of murder has been clamped upon him and his
commitment was ordered by the court. The first is illegal, but the second is not.

Delaying Release

A decision dismissing a criminal case or acquitting an accused is immediately final and

executory, hence, delay cannot be delayed. However, if there are other grounds for
continued detention, i.e., another pending case where no bail was posted, release
cannot be made.

Expulsion

Public officer or employee compels a person to change residence or leave the

Philippines., without lawful authority.

Violation of Domicile

Elements:
1. Committed by public officer:
a. Who enters the dwelling against the owner’s will; OR

b. Searches for papers and other effects inside the dwelling without previous
consent of the owner (entry here is with consent); OR

c. Refuses to leave the premises which he surreptitiously entered, after

being required to depart. (what is punished is the refusal to leave)

Search Warrants Maliciously Obtained and Abuse in the Service of those Legally
Obtained

If witness-deponent executes an Affidavit which was used to secure the warrant, he

could be liable for Perjury if not in conspiracy with public officials, otherwise, if there was
conspiracy, crime is Art. 129.