Lino vs.

Fuguso

Facts: Pascual Montaniel was arrested without warrant by the police

officers of Manila on November 8,1946, for inciting to sedition, and

Pacifico Deoduco, on November 7,1946, for resisting arrest and

disobedience to police orders. On November 11 when this petition for

habeas corpus was filed, these two petitioners were still under arrest.

They were thus held in confinement for three and four days,
respectively, without warrants and without charges formally filed in

court. The papers of their cases were not transmitted to the City

Fiscal's Office until late in the afternoon of November.

Upon investigation by that office, no sufficient evidence was found to

warrant the prosecution of Pascual Montaniel for inciting to sedition

and of Pacifico Deoduco for resisting arrest, but both remained under

custody because of informations filed with the municipal court charging

Montaniel with unjust vexation and Deoduco with disobedience to an

agent of a person in authority. And so far, no warrants of arrest or

orders of commitment are shown to have been issued by the municipal

court pursuant to the informations thus filed.

Held: Under these facts, the detention of Pacifico Deoduco and Pascual

Montaniel is illegal. Even assuming that they were legally arrested

without warrant on November 7 and 8,1946, respectively, their

continued detention became illegal upon the expiration of six hours

without their having been delivered to the corresponding judicial

authorities.