Case Summary (G.R. No. 153524-25)
Undisputed Factual Background
Petitioners were arrested without warrant on May 13, 2001, for:
• Soria – illegal possession of a .38 cal. revolver (correctional penalty) and election code violation
• Bista – illegal possession of a UZI sub-machine gun and .22 cal. revolver (afflictive penalty)
Both were initially detained at Santa Police Station. Affidavits were filed on May 14, 2001, before the Provincial Prosecutor, then docketed by 6 PM. Soria was released that same day; Bista remained detained, faced additional charges, posted bail on May 15, and was finally released on June 8, 2001.
Issue on Article 125 Period Computation
Article 125, RPC, prescribes delivery of detainees within:
• 12 hours (light penalties)
• 18 hours (correctional penalties)
• 36 hours (afflictive/capital penalties)
Petitioners challenged the exclusion of Sundays, holidays, and election days in computing these periods, alleging that respondents gravely abused their discretion by dismissing their complaint for delay in delivery.
Petitioners’ Arguments
• Article 125 contains no exception excluding non-office days from the computation of the 12/18/36 periods.
• Soria was detained for 22 hours (exceeding the 18-hour limit).
• Bista’s detention was excessive despite the filing of information; release orders were not issued until June 8.
Respondents’ Defense
• Reliance on jurisprudence (Medina v. Orozco, Sayo v. Manila Chief of Police) and academic commentaries holding that no-office days (Sundays, holidays, election days) are excluded in computing the delivery periods.
• The duty of the arresting officers ended upon filing the complaint/information; further release orders rest with the judiciary (People v. Acosta; Agbay v. Deputy Ombudsman for the Military).
Standard of Review: Grave Abuse of Discretion
Grave abuse of discretion is a capricious or whimsical exercise of judgment amounting to evasion of a positive duty. In the absence of such abuse, courts will not interfere with the Ombudsman’s preliminary investigation findings (1987 Constitution, Arts. XI and XIII; RA 6770).
Interpretation and Application of Article 125
The Court observed that:
• Medina and Sayo justify excluding no-office days when the practical operation of courts is impossible or impracticable.
• Literal and purposive construction support this exception to ensure fairness and respect for procedural realities.
Application to Petitioner Soria
• Arrest on May 13; affidavit filed May 14, and release ordered May 14 at 6:30 PM.
• Even with 22 hours elapsed, exclusion of Sunday and election day reduced the computation to one office day.
• No arbitrary detention occurred; delivery within the allowable period was satisfied.
Application to Petitioner Bista
• Affidavit filed and information lodged on May 15, well within the 36-hour period (minus election day tolling).
• Detaining officers’ duty ceased upon
Case Syllabus (G.R. No. 153524-25)
Background and Facts
- On the evening of 13 May 2001, petitioners Soria and Bista were arrested without a warrant by police officers in Santa, Ilocos Sur, for alleged illegal possession of firearms and ammunition.
- Soria was accused of possessing a .38-caliber revolver and violating Article 261(f) of the Omnibus Election Code; Bista was accused of possessing a 9 mm UZI sub-machine pistol and a .22 caliber revolver.
- Both were detained at the Santa Police Station immediately after arrest; Bista was further identified as subject to a standing warrant for violation of Batas Pambansa Blg. 6.
- On 14 May 2001, a joint affidavit was subscribed before the Provincial Prosecutor and filed in Vigan by about 6:00 p.m.; Soria was released that same day at about 6:30 p.m. (22 hours after arrest), while Bista remained detained.
- On 15 May 2001, Bista was brought before the MTC of Vigan, posted bail on the B.P. Blg. 6 case, but no release order was issued on the firearms charge.
- Informations for illegal possession of firearms and violation of the Omnibus Election Code were filed against Bista on 15 May 2001 (4:30–5:00 p.m.) in the 4th Municipal Circuit Trial Court of Narvacan and the Regional Trial Court of Narvacan.
- Bista was finally released on bail on 8 June 2001, after 26 days of detention.
Procedural History
- On 15 August 2001, petitioners filed with the Office of the Ombudsman for Military Affairs a complaint-affidavit alleging violation of Article 125 of the Revised Penal Code (delay in delivery of detained pers