Sayo v Chief of Police ground and shall fail to deliver such person
G.R. No L-2128 to the proper judicial authorities within the
May 12, 1948 period of six hours."
Petitioner: Taking into consideration the history of the
Melencio Sayo and Joaquin Mostero provisions of the above quoted article, the precept of our Constitution guaranteeing Respondent: individual liberty, and the provisions of Chief of Police and Officer in Charge of Rules of Court regarding arrest and habeas Municipal Jail of Manila corpus, we are of the opinion that the words "judicial authority", as used in said article, Facts: mean the courts of justices or judges of said Upon complaint of Bernardino Malinao, courts vested with judicial power to order charging the petitioners with having the temporary detention or confinement of a committed the crime of robbery, Benjamin person charged with having committed a Dumlao, a policeman of the City of Manila, public offense, that is, "the Supreme Court arrested the petitioners on April 2, 1948, and and such inferior courts as may be presented a complaint against them with the established by law". fiscal's office of Manila. Until April 7, 1948, when the petition for habeas corpus filed Article 125 of the Revised Penal Code was with this Court was heard, the petitioners substantially taken from article 202 of the were still detained or under arrest, and the old Penal Code formerly in force of these city fiscal had not yet released or filed Islands, which penalized a public officer against them an information with the proper other than a judicial officer who, without courts justice. warrant, "shall arrest a person upon a charge of crime and shall fail to deliver such person This case has not been decided before this to the judicial authority within twenty-four time because there was not a sufficient hours after his arrest." There was no doubt number of Justices to form a quorum in that a judicial authority therein referred to Manila, and it had to be transferred to the was the judge of a court of justice Supreme Court acting in division here in empowered by law, after a proper Baguio for deliberation and decision. We investigation, to order the temporary have not until now an official information as commitment or detention of the person to the action taken by the office of the city arrested; and not the city fiscals or any other fiscal on the complaint filed by the Dumlao officers, who are not authorized by law to do against the petitioners. so.
Issues: The judicial authority mentioned in section
W/N petitioners were illegally detained and 125 of the Revised Penal Code cannot be restrained from their liberty? construed to include the fiscal of the City of Manila or any other city, because they Held: cannot issue a warrant of arrest or of YES - Article 125 of the Revised Penal commitment or temporary confinement of a Code provides that "the penalties provided person surrendered to legalize the detention in the next proceeding article shall be of a person arrested without warrant. imposed upon the public officer or employee who shall detain any person for some legal To consider the city fiscal as the judicial authority referred to in article 125 of the Revised Penal Code, would be to authorize the detention of a person arrested without warrant for a period longer than that permitted by law without any process issued by a court of competent jurisdiction.