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Jasper Agbay vs Nemesio Natividad, Jr., et al.

JASPER AGBAY, petitioner, vs. THE HONORABLE DEPUTY OMBUDSMAN FOR THE MILITARY, SPO4 NEMESIO NATIVIDAD, JR. and SPO2 ELEAZAR M. SOLOMON, respondents.

G.R. No. 134503 | 1999-07-02

D E C I S I O N


GONZAGA-REYES, J.:

This petition for certiorari seeks to nullify the Resolution of the Deputy Ombudsman for the Military dated 19 January 19981 [Rollo, pp. 42-43.] which recommended the dismissal of the criminal complaint filed by petitioner against herein private respondents for violation of Article 125 of the Revised Penal Code for delay in the delivery of detained persons, and the Order of April 13 19982 [Rollo, pp. 34-36.] which denied his motion for reconsideration.

The pertinent facts leading to the filing of the petition at bar are as follows:

On September 7, 1997, petitioner, together with a certain Sherwin...