G.R. No. 134503 - JASPER AGBAY, VS. THE HONORABLE DEPUTY OMBUDSMAN FOR THE MILITARY, SPO4 NEMESIO NATIVIDAD, JR. AND SPO2 ELEAZAR M. SOLOMON. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, finding probable cause for the crime in Violation of Republic Act 7610, it is hereby recommended that an INFORMATION be filed against the two aforenamed accused. Forward the record of this case to the Provincial Fiscal's Office for appropriate action." [10] By virtue of Memorandum Circular No. 14, Series of 1995, dated 10 October 1995 of the Office of the Ombudsman, [11] the case for delay in delivery filed by petitioner against herein private respondents before the Deputy Ombudsman for the Visayas was transferred to the Deputy Ombudsman for the Military for its proper disposition. Thus, it was this office which acted on the complaint, now denominated as OMB-VIS-CRIM-97-0786, and which issued the questioned Resolution dated January 19, 1998 recommending its dismissal against herein private respondents. Petitioner moved for reconsideration of this Resolution but this motion was denied in an Order dated April 13, 1998. Hence, this petition for certiorari . The grounds relied upon in the present petition [12] are as follows: I. THE PUBLIC RESPONDENT GRAVELY ABUSED ITS DISCRETION IN RELYING ON MEMORANDUM CIRCULAR NO. 14, SERIES OF 1995, DATED 10 OCTOBER 1995, OF THE OFFICE OF THE OMBUDSMAN IN HOLDING THAT IT HAS COMPETENCE TO ACT ON THE ABOVE-ENTITLED CASE BEFORE IT, THE SAID CIRCULAR BEING UNCONSTITUTIONAL AND ILLEGAL, HENCE, NULL AND VOID. II. THE PUBLIC RESPONDENT GRAVELY ABUSED ITS DISCRETION IN NOT HOLDING THAT IT IS BEYOND ITS COMPETENCE TO DETERMINE WHETHER OR NOT THE MUNICIPAL CIRCUIT TRIAL COURT OF LILOAN-COMPOSTELA HAS IN FACT NO JURISDICTION TO TRY THE CASE FILED AGAINST HEREIN PETITIONER. III. THE PUBLIC RESPONDENT GRAVELY ABUSED ITS DISCRETION IN NOT HOLDING THAT THE MCTC, WHILE HAVING AUTHORITY TO CONDUCT A PRELIMINARY INVESTIGATION, IS NOT THE "PROPER JUDICIAL AUTHORITY" CONTEMPLATED IN ARTICLE 125 OF THE REVISED PENAL CODE AND, HENCE, THE FILING OF THE COMPLAINT BEFORE IT FOR THE PURPOSE OF CONDUCTING A PRELIMINARY INVESTIGATION DID NOT INTERRUPT THE PERIOD PRESCRIBED BY ART. 125. IV. THE PUBLIC RESPONDENT GRAVELY ABUSED ITS DISCRETION IN HOLIDING THAT THE ISSUE OF THE VALIDITY OF THE ORDER OF DETENTION IS IRRELEVANT TO THE ISSUE OF CRIMINAL LIABILITY OF PRIVATE RESPONDENTS FOR DELAY IN THE DELIVERY OF DETAINED PERSONS. V. THE PUBLIC RESPONDENT GRAVELY ABUSED ITS DISCRETION IN HOLDING THAT THE DUTY OF PRIVATE RESPONDENTS TO FILE THE NECESSARY COMPLAINT IN COURT WAS FULFILLED WHEN THEY FILED A FORMAL COMPLAINT ON 8 SEPTEMBER 1997 WITH THE 7TH MCTC OF LILOAN-COMPOSTELA. On the first issue, petitioner argues that due to the civilian character of the Philippine National Police, the Office of the Deputy Ombudsman for the Military, by virtue of the description of the Office, has no competence or jurisdiction to act on his complaint against private respondents who are members of the PNP. Petitioner also questions the constitutionality of Memorandum Circular No. 14 insofar as it purports to vest the Office of the Deputy Ombudsman f