### Facts:
On September 7, 1997, Jasper Agbay was arrested for allegedly violating RA 7610 – the Special Protection of Children Against Abuse, Exploitation, and Discrimination Act, and detained at the Liloan Police Station, Metro Cebu. A complaint was filed against him the next day before the 7th Municipal Circuit Trial Court (MCTC) of Liloan, Metro Cebu. Despite a demand for Agbay’s release within the statutory 36-hour period for delivering a detained person to judicial authorities, the police continued his detention. On September 12, the MCTC issued a detention order, and Agbay was released five days later upon posting bail. Agbay then filed a complaint against the arresting officers, SPO4 Natividad and SPO2 Solomon, for delaying his delivery to the judicial authorities. The Deputy Ombudsman for the Military dismissed the complaint, citing compliance with the arrest and detention procedures. Agbay’s motion for reconsideration was denied, prompting his petition for certiorari.
### Issues:
1. Whether the Deputy Ombudsman for the Military has jurisdiction over cases involving Philippine National Police (PNP) personnel.
2. Whether the Municipal Circuit Trial Court (MCTC) is the “proper judicial authority” under Article 125 of the Revised Penal Code.
3. Whether filing a complaint with the MCTC fulfills the requirement of delivering a detained person to the judicial authorities within the prescribed period.
4. The validity of Memorandum Circular No. 14 vis-à-vis the civilian nature of the PNP.
### Court’s Decision:
1. **Jurisdiction of Deputy Ombudsman for the Military:** The Court upheld the jurisdiction, referencing Acop v. Office of the Ombudsman, allowing the Deputy Ombudsman for the Military to investigate cases involving PNP personnel. It emphasized the role of the Office of the Ombudsman in safeguarding public rights, dismissing claims that involvement violates the civilian character of the PNP.
2. **MCTC as “proper judicial authority”:** The Court affirmed that the MCTC serves as a judicial authority under Article 125, as it has the power to order the release or confinement of an accused. The Court rejected the argument that the judge acts as a fiscal during preliminary investigations, making the distinction irrelevant for Article 125 purposes.
3. **Filing a complaint with the MCTC:** The Court ruled that filing a complaint with the MCTC satisfies the requirement to deliver the detained person to judicial authorities within the statutory period, thereby not constituting a violation of Article 125.
### Doctrine:
– The Office of the Deputy Ombudsman for the Military has jurisdiction over cases involving PNP personnel.
– A Municipal Circuit Trial Court, even during preliminary investigations, qualifies as a “proper judicial authority” under Article 125 of the Revised Penal Code.
### Class Notes:
– **Article 125, RPC:** Delays in delivering detained persons to judicial authorities are penalized to prevent detention abuses. Delivery to “judicial authority” must occur within prescribed periods, aimed at informing the detained of their charges and allowing for bail.
– **Jurisdiction:** The Deputy Ombudsman for Military’s jurisdiction over PNP personnel is affirmed in cases where public rights and civic protections are concerned, consistent with RA 6770.
### Historical Background:
The case underscores the civilian oversight of military and police operations in the Philippines, a principle enshrined in the 1987 Constitution, and the contentious issues regarding jurisdictional authority over disciplinary actions within the PNP. It reflects the broader debate on the civilian versus military character of law enforcement agencies and the checks and balances implemented through the Office of the Ombudsman to prevent abuses.
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