Sayo Vs.

Chief of Police of Manila

CASE NARRATIVE:
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 court justice.
This case had not been decided before this time because there was not a sufficient
number of Justices to form a quorum in Manila, and it had to be transferred to the Supreme
Court acting in division in Baguio for deliberation and decision. SC has not until now an
official information as to the action taken by the office of the city fiscal on the complaint filed
by the Dumlao against the petitioners.

HOW DID IT REACHED THE SUPREME COURT?

This case had not been decided before this time because there was not a
sufficient number of Justices to form a quorum in Manila, And it had to be
transferred to the Supreme Court acting in division here in Baguio for deliberation
and decision.

FACTS OF THE CASE:

Filing of Complaint
● The complaint was filed by one Bernardino Malinao the petitioner of the crime of
robbery.

Arrest Without Warrant

● A policeman of the City of Manila, Benjamin Dumlao arrestes the petitioners on April
2, 1948 and presented a complaint against them with the fiscal's office of Manila.
Filing of Writ of Habeas Corpus
● Petitioners filed a petition for habeas corpus for they were still detained and the city
fiscal has not yet released them or filed an information against them with the proper
courts of justice.
Information Not Duly Filed
● Until May 12, 1948 (the writing of the Supreme Court Decision), the Court still did not
have the information with regard to the action taken by the office of the fiscal on the
complaint filed by Dumlao against petitioners.
● Regardless of what action might have been taken already by this office of the fiscal,
if there was any, the court shall decide this case to rule on the question involved and
for the information and guidance of officers concerned.

ISSUES OF THE CASE:

1. Whether or not the peace officer has authority to arrest without a warrant.
2. Whether or not the city fiscal of Manila is a judicial authority within the provisions of
Article 125 of the Revised Penal Code.
HELD:

1. No except in authorized cases. A peace officer has no power or authority to arrest a

person without a warrant upon complaint of the offended party or any other person
authorized by law. What the complainant may do in such a case is to file a complaint
with the city fiscal of Manila or directly with the justice of peace courts in
municipalities and other political subdivisions. If the city fiscal of has no authority, and
he has not, to order the arrest of a person charged with having committed a public
offense even if he finds, after due investigation, that there is a probability that a crime
has been committed and the accused is guilty thereof, a fortiori, a police officer has
no authority to arrest and detain a person charged with an offense upon complaint of
the offended party or other persons even though after investigation, he becomes
convinced that the accused is guilty of the offense charged.
2. No. The judicial authority within the meaning of Article 125 of the Revised Penal
Code must be a judge who has authority to issue a written warrant of commitment or
release containing the ground on which it is based. "Judicial authorities" mean the
courts of justice or judges of said courts vested with judicial power to order the
temporary detention or confinement of a person charged with having committed a
public offense, that" the Supreme Court and such inferior courts as may be
established by law". It cannot be construed to include the fiscal of the City of Manila
or any other city, because they cannot issue a warrant of arrest or of commitment or
temporary detention of a person arrested without warrant.