People v. Montejo, 108 Phil. 613

Crim Pro -Jurisdiction

Facts:

Mayor Leroy Brown of Basilan City, Det. Joaquin Pollisco, Patrolman Graciano Lacema, and other co-accused where charged with murder. It was alleged in the information filed against them that from May to June 1958, the Mayor and his "organized groups of police patrol and civilian commandoes" whom he "armed with pistols and high power guns" established a camp which they called as their 'sub-police headquarters' at Tipo-Tipo, Lamitan. 

The headquarters was placed under the mayor's command, orders, direct supervision and control, and in which his co-defendants were stationed. It was further alleged that criminal complaints were entertained in the sub-station/headquarters where defendant Pollisco acted as "investigating officer and exercised authority to order the apprehension of persons and their detention in the camp, for days or weeks, without due process of law and without bringing them to the proper court." 

Then, on or about June 4, and 5, 1958, Awalin Tebag, a Yakan, was arrested by order of Mayor Brown "without any warrant or complaint filed in court". Tebag was then supposed to be brought to and detained in the sub-station; but, on their way to the sub-station he was allegedly maltreated and tortured by the defendants as also ordered by Mayor Brown. Tebag died as a result of the violence done to him and to cover up his death, the defendants made it appear that Tebag was a member of a band of armed bandits who attacked them prompting them to shoot Tebag to death.

Issue:

Whether or not Mayor Brown is accused of an offense committed in relation to his office.

Held:

            Yes, Mayor Brown committed an offense in relation to his office. A public officer commits an offense in relation to his office if he perpetrates the offense while performing his official functions and that he could not have committed the offense without holding his public office. Although the performance of the official function was improper or is an irregular manner, it was alleged in the information that Mayor Brown established the sub-station and was under his “command,... supervision and control” and that his co-defendants were acting upon his orders. Thus, in this case, there is an intimate connection between the offense and the office of the accused.