Title
Soria vs. Desierto
Case
G.R. No. 153524-25
Decision Date
Jan 31, 2005
Petitioners arrested without warrant for illegal firearms; detained beyond 36-hour limit. Ombudsman dismissed complaint; SC upheld exclusion of non-office days in detention computation, affirmed no grave abuse of discretion.

Case Digest (G.R. No. 97619)
Expanded Legal Reasoning Model

Facts:

  • Arrest and initial detention
    • On 13 May 2001 at about 8:30 PM, petitioners Rodolfo Soria and Edimar Bista were arrested without a warrant by PNP officers in Santa, Ilocos Sur for alleged illegal possession of firearms and ammunition.
    • Soria was charged with illegal possession of a .38 cal. revolver (prisión correccional penalty) and violation of Article 261(f) of the Omnibus Election Code. Bista was charged with illegal possession of a sub-machine pistol UZI (9 mm) and a .22 cal. revolver.
  • Detention, filing of charges, and release
    • Immediately after arrest, both were detained at the Santa Police Station. Bista was identified as having a standing warrant of arrest under Batas Pambansa Blg. 6 (Criminal Case No. 12272, MTC Vigan).
    • On 14 May 2001 at 4:30 PM, they were brought before Provincial Prosecutor Jessica Viloria, who took their joint affidavit; it was filed at the Vigan Provincial Prosecutor’s Office at about 6:00 PM. Soria was ordered released at 6:30 PM to undergo preliminary investigation (22 hours of detention). Bista remained detained.
    • On 15 May 2001 at 2:00 PM, Bista was brought before the MTC of Vigan, posted bail, and secured an Order of Temporary Release for the BP 6 case. No release order was issued for the illegal-possession charges. At 4:30 PM, information was filed in the 4th Municipal Circuit Trial Court of Narvacan (Crim. Case No. 4413-S), and at 5:00 PM, additional informations were filed in the RTC Narvacan (Cases No. 2269-N and 2268-N).
    • On 8 June 2001, Bista was released upon posting bail bonds in Crim. Cases No. 2268-N and 4413-S, after 26 days of detention.
  • Ombudsman proceedings
    • On 15 August 2001, petitioners filed a complaint-affidavit with the Office of the Ombudsman for Military Affairs for violation of Article 125 of the Revised Penal Code (delay in the delivery of detained persons).
    • On 31 January 2002, the Ombudsman’s Joint Resolution dismissed the complaint for lack of merit. A motion for reconsideration was denied on 25 March 2002.

Issues:

  • Whether Sundays, holidays, and election days are excluded in computing the 12-18-36-hour periods under Article 125, RPC.
  • Whether petitioners’ detention violated Article 125: Soria’s 22-hour detention and Bista’s 26-day detention after information filing.
  • Whether the filing of informations interrupts the detaining officers’ duty under Article 125 and terminates their liability.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.