Sayo vs.

Chief of Police

Facts: Upon complaint of one Bernardo Malinao, charging the

petitioners with having committed the crime of robbery, policeman

Benjamin Dumlao arrested the petitioners. When the petition for

habeas corpus was heard, the petitioners were still detained and the

fiscal had not yet released them or filed against them an information
with the proper courts of justice.

Held: A police officer has no authority to arrest and detain a person

charged with an offense upon complaint of the offended party even

though, after investigation, he becomes convinced that the accused is

guilty of the offense charged.

What the complainant may do in such case is to file a complaint with

the city fiscal or directly with the justice of the peace court.

The theory that police officers may arrest any person just for
questioning or investigation, without any warrant of arrest, represents

an ideology incompatible with human dignity. Reason revolts against it.