People vs.

Acosta

Facts: Pointed to as among those who laid hands on the two

policemen, were Hipolito Mamuric, Tiburcio Portacio, Perfecto Garcia,

Ursulo Diego and Feliciano Cruz. They were arrested and confined in

the municipal jail that night. On the following morning, a complaint for
assault upon agents of persons in authority was filed against them

with the justice of the peace. After the filing of the complaint at 8
o'clock that morning, no action for the preliminary investigation, as

required by law, was taken and Mamuric, Portacio, Diego and Cruz

remained in jail for 6 days without the benefit thereof. The entry in the
police blotter showed that Mayor Acosta ordered their arrest and

detention.

Held: The answer is positively in the negative. Mamuric and others

who were jailed with him on the evening of June 17, 1958, were

delivered to the judicial authority upon the filing of the complaint for
assault against them at 8 o'clock in the morning of the following day.

As the duty of the detaining officer is deemed complied with upon the
filing of the complaint, further action rests upon the judicial authority.

It is for the judicial authority to determine

" x x x whether there is reasonable ground to believe that an offense

has been committed and the defendant is probably guilty thereof, so

as to issue a warrant of arrest and to hold him for trial." (Sec. 1, Rule
8, Rules of Court)
Justice of the Peace Abaya said that after receiving the complaint in

this case, he advised the complainant, Chief of Police, to release the

defendants but Mayor Acosta objected because it would be hard to

locate them later if they go into hiding. Judge Abaya was mistaken. He

need not give any advice at all. It was perfectly within his power, as
justice of the peace with whom the complaint was filed, to release, or

issue warrant of arrest against, the persons complained of after

conducting the investigation as required by the rule.