Title
Lino vs. Fugoso
Case
G.R. No. L-1159
Decision Date
Jan 30, 1947
Two detainees held without warrants for light offenses; Supreme Court ruled detention illegal after six hours, ordered release, citing statutory violations.
A

Case Digest (G.R. No. L-1159)

Facts:

  • Parties and petition
    • Petitioners: Twelve members of the City Employees’ and Workers’ Union (CLO) alleging unlawful detention.
    • Respondents: Valeriano E. Fugoso (Mayor), Lamberto Javalera (Chief of Police), John Doe (Officer in charge of the municipal jail of Manila).
  • Arrests and detentions
    • Between November 5 and 8, 1946, police arrested:
      • Four men for distributing handbills during a labor strike.
      • Three for possessing strike notices.
      • One for wearing a strike band (”Damayan kami! Huag mag-iskirol!”).
      • One for greeting a non-striker.
      • One for entering a guarded motor-pool.
    • No warrants issued at time of arrest; detainees held beyond six hours without delivery to judicial authorities.
  • Referral and release
    • On November 11, the petition for habeas corpus was filed; City Fiscal received case papers late that afternoon.
    • City Fiscal dismissed sedition charges against ten detainees and recommended their release.
    • Montaniel and Deoduco remained in custody; municipal court complaints filed Nov 11–12 for unjust vexation and disobedience.

Issues:

  • Whether detention without warrant beyond six hours violates Article 125 of the Revised Penal Code (as amended).
  • Whether filing of informations by the City Fiscal cures detention illegally continued after six hours.
  • Whether City Fiscal constitutes a “proper judicial authority” under Article 125.
  • Whether light offenses under Articles 151 and 287, punishable by arresto menor or fine, justify continued arrest absent a judicial order (Rule 108, sec. 10).

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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