Sayo v Chief of Police 

          GR No. L-2128 April 12, 1948

Facts:

Upon complaint of Bernardino Malinao, charging the petitioners with having

committed the crime of robbery, Benjamin Dumlao, a policeman of the City of
Manila, arrested the petitioners on April 2, 1948, and presented a complaint
against them with the fiscal's office of Manila. 

Until April 7, 1948, when the petition for habeas corpus filed with this Court
was heard, the petitioners were still detained or under arrest, and the city
fiscal had not yet released or filed against them an information with the proper
courts of justice.

Issue:
 W/N there was a failure of delivery of the petitioners to proper judicial authorities.

ISSUE: Yes. Article 125 of the Revised Penal Code punishes any public officer or employee who, after
detaining a person, “shall fail to deliver such person to the proper judicial authorities within the period of
six hours. In the case at bar, the arresting officer did not deliver Sayo and Mostero to any authority, much
less any judicial authority. Their filing of the complaint with the office of the fiscal of Manila is not a delivery
of the persons of petitioners. The continued detention and confinement of petitioners for more than six
hours is a clear violation of the article. Hence, Sayo and Mostero were released immediately. 

.