Sayo vs.

Chief of Police
Detainee (D) vs. Arresting Authorities (P)
GR L-2128, , May 12, 1948 (80 Phil. 859) [T]

Summary: Two suspects of a robbery were arrested upon a complaint of another person.

Rule of Law: Under the constitution, no person may be deprived of his liberty except by warrant of
arrest or commitment issued upon probable cause by a judge after examination of the complainant and
his witness.

Facts: Upon complaint of Bernardino Malinao, charging Melencio Sayo (D) and Joaquin Mostero (D)
with having committed the crime of robbery, Benjamin Dumlao, a policeman of the City of Manila,
arrested the Sayo (D) and Mostero (D), and presented a complaint against them with the fiscal's office of
Manila. When the petition for habeas corpus was heard, the Sayo (D) and Mostero (D) were still detained
or under arrest, and the city fiscal had not yet released or filed charges against them with the proper
courts justice.

Issues: Is the warrantless arrest valid?

Ruling: No. Under the constitution, no person may be deprived of his liberty except by warrant of arrest
or commitment issued upon probable cause by a judge after examination of the complainant and his
witness.

A peace officer has no power or authority to arrest a person without a warrant upon complaint of the
offended party or any other person, except in those cases expressly authorized by law. What he or the
complainant may do in such case is to file a complaint with the city fiscal or directly with the justice of the
peace courts in municipalities and other political subdivisions. A fortiori a police officer has no authority
to arrest and detain a person charged with an offense upon complaint of the offended party or other
persons even though, after investigation, he becomes convinced that the accused is guilty of the offense
charged.