Sayo v.

Chief of Police
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 justice.

This case has 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. We
have 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. But
whatever night have been the action taken by said office, if there was any, we have
to decide this case in order to lay down a ruling on the question involved herein for
the information and guidance in the future of the officers concerned.

Issue:
The principal question to be determined in the present case in order to decide
whether or not the petitioners are being illegally restrained of their liberty, is the
following: Is the city fiscal of manila a judicial authority within the meaning of the
provisions of article 125 of the Revised Penal Code?
Held:
When a person is arrested without warrant in cases permitted bylaw, the officer or
person making the arrest should, as abovestated, without unnecessary delay take
or surrender the person arrested, within the period of time prescribed in the Revised
Penal Code, to the court or judge having jurisdiction to try or make a preliminary
investigation of the offense (section 17, Rule 109); and the court or judge shall try
and decide the case if the court has original jurisdiction over the offense charged, or
make the preliminary investigation if it is a justice of the peace court having no
original jurisdiction, and then transfer the case to the proper Court of First Instance
in accordance with the provisions of section 13, Rule 108.