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    G.R. No. 134503 July 2, 1999

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    sahara lockwood
    SPO4 Natividad and SPO2 Salomon arrested and detained Jasper Agbay and Sherwin Jugalbot at the Liloan Police Station for an alleged violation of the Child Abuse Law. Agbay later filed a complaint with the Deputy Ombudsman for the Visayas accusing the officers of delay in delivering the detained persons to the proper judicial authorities. The court ruled that filing a complaint with the Municipal Trial Court constitutes delivering the detained persons to a "proper judicial authority" as it informs them of the alleged crime and allows them to apply for bail.

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    G.R. No. 134503 July 2, 1999

    Uploaded by

    sahara lockwood
    83 views1 page
    SPO4 Natividad and SPO2 Salomon arrested and detained Jasper Agbay and Sherwin Jugalbot at the Liloan Police Station for an alleged violation of the Child Abuse Law. Agbay later filed a complaint with the Deputy Ombudsman for the Visayas accusing the officers of delay in delivering the detained persons to the proper judicial authorities. The court ruled that filing a complaint with the Municipal Trial Court constitutes delivering the detained persons to a "proper judicial authority" as it informs them of the alleged crime and allows them to apply for bail.

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    SPO4 Natividad and SPO2 Salomon arrested and detained Jasper Agbay and Sherwin Jugalbot at the Liloan Police Station for an alleged violation of the Child Abuse Law. Agbay later filed a complaint with the Deputy Ombudsman for the Visayas accusing the officers of delay in delivering the detained persons to the proper judicial authorities. The court ruled that filing a complaint with the Municipal Trial Court constitutes delivering the detained persons to a "proper judicial authority" as it informs them of the alleged crime and allows them to apply for bail.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    83 views1 page

    G.R. No. 134503 July 2, 1999

    Uploaded by

    sahara lockwood
    SPO4 Natividad and SPO2 Salomon arrested and detained Jasper Agbay and Sherwin Jugalbot at the Liloan Police Station for an alleged violation of the Child Abuse Law. Agbay later filed a complaint with the Deputy Ombudsman for the Visayas accusing the officers of delay in delivering the detained persons to the proper judicial authorities. The court ruled that filing a complaint with the Municipal Trial Court constitutes delivering the detained persons to a "proper judicial authority" as it informs them of the alleged crime and allows them to apply for bail.

    Copyright:

    © All Rights Reserved
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    Download as pdf or txt
    of 1

    G.R. No.

    134503 July 2, 1999


    JASPER AGBAY, petitioner,
    vs.
    THE HONORABLE DEPUTY OMBUDSMAN FOR THE
    MILITARY, SPO4 NEMESIO NATIVIDAD, JR. and SPO2
    ELEAZAR M. SOLOMON, respondent.
    FACTS:
    On September 7, 1997, petitioner Jasper Agbay, together with Sherwin
    Jugalbot, was arrested and detained at the Liloan Police Station, Metro
    Cebu for an alleged violation of R.A. 7610, the "Special Protection of
    Children Against Child abuse, Exploitation and Discrimination Act.” On
    September 26, 1997, petitioner filed a complaint for delay in the delivery
    of detained persons against private respondents SPO4 Nemesio
    Natividad, Jr., SPO2 Eleazar M. Salomon and other unidentified police
    officers before the Office of the Deputy Ombudsman for the Visayas.
    ISSUE:
    Whether or not the filing of the complaint with the Municipal Trial
    Court constitutes to a "proper judicial authority"
    RULING:
    Yes. Art. 125 of the Revised Penal Code is intended to prevent any abuse
    resulting from confining a person without informing him of his offense
    and without permitting him to go on bail. More specifically, it punishes
    public officials or employees who shall detain any person for some legal
    ground and shall fail to deliver such person to the proper judicial
    authorities within the periods prescribed by law. Furthermore, upon the
    filing of the complaint with the Municipal Trial Court, the intent behind
    Art. 125 is satisfied considering that by such act, the detained person is
    informed of the crime imputed against him and, upon his application
    with the court, he may be released on bail.

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