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Criminal Law 2 | Atty.

Pambid | G01 | CAL

Medina v. Orozco However, November 7 was a Sunday and November 8 and 9 were official
18 SCRA 1168 | December 22, 1966 | Sanchez, J holidays. In these 3 no-office days, it was not an easy matter for a fiscal to
Petitioner: Arthur Medina y Yumul look for his clerk and stenographer, draft the information and search for the
Respondents: Marcelo F. Orozco, Jr., Acting City Warden of Caloocan City Judge to have him act thereon, and get the clerk of court to open the
TOPIC: Delay in the Delivery of Detained Persons to the Proper Judicial courthouse, docket the case and have the order of commitment prepared.
Authorities
RPC 125: Delay in the delivery of detained persons to the proper judicial Furthermore, where to locate and the certainty of locating those officers and
authorities. — The penalties provided in the next preceding article shall be employees could very well compound the fiscal's difficulties.
imposed upon the public officer or employee who shall detain any person for
some legal ground and shall fail to deliver such person to the proper judicial Therefore, under these considerations, Medina was not arbitrarily detained
authorities within the period of; twelve (12) hours, for crimes or offenses since he was brought to court on the very first office day following arrest.
punishable by light penalties, or their equivalent; eighteen (18) hours, for
crimes or offenses punishable by correctional penalties, or their equivalent WHEREFORE, the petition is DISMISSED.
and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or
capital penalties, or their equivalent.
In every case, the person detained shall be informed of the cause of his
detention and shall be allowed upon his request, to communicate and confer
at any time with his attorney or counsel. (As amended by E.O. Nos. 59 and 272,
Nov. 7, 1986 and July 25, 1987, respectively).
FACTS:
November 7, 1965: At about 9AM, a case against Arthur Medina y Yumul
(Medina) and 2 others for the murder of Marcelo Sangalang y Diwa was
referred to a fiscal, who forthwith conducted a preliminary investigation
in petitioner's presence.

At about 12PM, Medina was arrested and incarcerated in the Caloocan


City jail, allegedly as one of those responsible for the death of Marcelo
Sangalang y Diwa which occurred on October 31, 1965.

November 10, 1965: An information for murder was filed against Medina the
other two in the CFI.

ISSUE: W/N there was a violation of RPC 125.

HELD: NO.

The crime here is murder, a capital offense. The arresting officer's duty
under the law was either to deliver him to the proper judicial authorities
within 18 hours, or thereafter release him.

The fact however is that he was not released. From the time of petitioner's
arrest at 12:00 o'clock p.m. on November 7 to 3:40 p.m. on November 10
when the information against him for murder actually was in court, over 75
hours have elapsed.