TOPIC Delay in the delivery of detained persons to the proper judicial authorities

CASE NAME JASPER AGBAY

Vs
THE HONORABLE DEPUTY OMBUDSMAN FOR THE MILITARY, SPO4 NEMENSIO
NATIVIDAD, JR. and SPO2 ELEAZAR M. SOLOMON
CASE NO. & DATE G.R. 134503 | July 2, 1999
PONENTE Gonzaga-Reyes

FACTS
● Petition for certiorari seeking to nullify Resolution of the Ombudsman that recommended dismissal
of the criminal complaint filed by Agbay against Natividad and Solomon for the violation of RPC 125.
● Sep. 7, 1997: Agbay, with Jugalbot, was arrested and detained at the Liloan Police Station in Cebu
for alleged violation of RA 7610 (Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act)
● Sept. 8: complaint was filed against Agbay and Jugalbot for violation of RA 7610 dor sexually abusing
Gayle Gicaraya.
● Counsel for petitioner wrote the Chief of Police of Liloan demanding the immediate release of
petitioner considering that the latter had failed to deliver Agbay to the judicial authority within 36
hours from Sep. 7, 1997.
● Sept. 12: Municipal Circuit Trial Court issued an order commiting petitioner to jail warden of Cebu. 5
days later, Agbay was released on bond.
● Sept. 26: petitioner filed a complaint for delay in delivery of detained persons before the Office of
the Deputy Ombudsman for the Visayas
● Complaint was transferred to the Deputy Ombudsman for the Military who recommended the
dismissal of the complaints.

ISSUES & RATIO DECIDENDI

1 W/N the Office of the Ombudsman has competence to act on the case before it. --yes

● petitioner avers that the Police is civilian in nature, thus the Office of the Ombudsman
for the Military is not the proper establishment for the case.
● Court ruled that the aforementioned office is not a member of the military
establishment, it was intended to help the ordinary foot soldiers to obtain redress for
their grievances. The Deputy ombudsman for the military owes allegiance to the
people and ordinary citizens. The court did not see how the assumption of jurisdiction
over cases involving the PNP would detract from the civilian character of the Police
force.

2 W/N the filing of complaint before the MCTC constitutes delivery to a “proper judicial
authority” as contemplated in RPC 125 - yes

● Upon the filing of the complaint with the MCTC the intent of RPC 125 is satisfied
because by that act, the detained person is informed of the crime imputed agaiinst
him and may be released in bail upon application with the court.

Ruling: petition dismissed.

No separate opinion.