8. Agbay Vs Deputy Ombudsman.docx

Valenton, Francis Angelo T.

Criminal Law 2

1S Agbay vs Deputy Ombudsman (G.R. No. 134503)

Facts: The petitioner is Jasper Agbay. The respondents are the Honorable Deputy Ombudsman for the Military, SP04 Nemesio Natividad, Jr. and SP02 Eleazar M. Solomon. In the case at bar, the petitioner was arrested and detained at Liloan Police Station for alleged violation of RA 7610. The petitioner said to have manipulated to finger a certain Gicaraya. Three days after the arrest, the petitioner demand immediate release for the reason that the Chief of Police failed to deliver him to proper judicial authorities within 36 hours. The MCTC ordered the commitment of the petitioner to jail warden of Cebu City. The complaint for delay in delivery was filed to provincial fiscal’s office and was recommended dismissal. Hence, he filed for certiorari.

Issue: Whether or not MCTC, not having the jurisdiction to try the case, is a competent judicial authority within the purview of Art. 125 of the RPC.

Held: The Supreme Court said that the MCTC has no jurisdiction to try the case as it is not the proper court. However, with respect to the construction of the words “proper judicial authority” refers to all courts of justices vested with judicial power. Hence, the MCTC, despite not having jurisdiction of the case, still is within the purview of the proper judicial authorities under the Art. 125 of the RPC.