Facts:

The case involves Zosimo L. Abanto, also known as Maximo Fernandez, as the petitioner, and the Director of Prisons as the respondent. The legal proceedings took place after Abanto filed a petition for a writ of habeas corpus on July 13, 1946. He was contesting the legality of a sentence handed down by the Japanese imperial military authorities on March 13, 1942, which resulted in a punishment of 13 years, 8 months, and 1 day of imprisonment, along with an additional penalty of 12 years and 1 day for habitual delinquency. This sentence had been executed by Eugenio Dizon, then Chief of the Secret Service of Manila, leading to Abanto's commitment to the New Bilibid Prison, beginning on April 29, 1942.

In response to the petition, the Solicitor General referred to a prior Supreme Court decision from April 25, 1946, in the case of Mamerta Reyes vs. Director of Prisons. He agreed with Abanto's request for annulment of the aforementioned military sentence while recommending t

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Facts:

Petitioner and Sentence Rendered by Japanese Authorities

• Zosimo L. Abanto (alias Maximo Fernandez) was the petitioner in this case.
• On March 13, 1942, during the Japanese occupation, a sentence was rendered against him in case No. 130 by the Japanese imperial military authorities.
• The sentence imposed a penalty of 13 years, 8 months, and 1 day of imprisonment, plus an additional penalty of 12 years and 1 day for habitual delinquency.
• Petitioner was committed by Eugenio Dizon, Noting Chief of the Secret Service of Manila, to the New Bilibid Prison, where he began serving the said sentence on April 29, 1942.

Petition for Habeas Corpus and Challenge to the Sentence

• Petitioner filed a petition for a writ of habeas corpus seeking the annulment of the sentence rendered in case No. 130.
• The petition argued that no competent military tribunal or court of justice had rendered the sentence, thereby rendering his confinement null and void ab initio.

Response and Recommendations of the Solicitor General

• The Solicitor General, relying on the Court’s earlier decision in Mamerta Reyes vs. Director of Prisons (April 25, 1946), responded to the petition.
• He concurred with petitioner’s prayer to declare the sentence in case No. 130 devoid of legal effect.
• The Solicitor General recommended that petitioner be detained further solely to serve the sentence imposed by the Court of First Instance of Manila in case No. 65166.
• This latter sentence, imposed on September 10, 1942, ranged from a minimum of 4 months to a maximum of 4 years, 9 months, and 10 days of imprisonment, with its legality expressly recognized by the petitioner and upheld by a majority of the Court.

Service of the Legitimate Sentence

• Although the detention under case No. 130 was found to be null and void, petitioner was required to serve the valid sentence from case No. 65166.
• The service of the legitimate sentence was deemed to have commenced from September 10, 1942.
• The decision highlights a clear demarcation between an invalid sentence rendered by an unauthorized tribunal and a valid sentence imposed by a competent court.

Issue:

Validity of the Sentence Rendered by Japanese Military Authorities

• Whether the sentence imposed on petitioner in case No. 130 by the Japanese imperial military authorities was legally valid.
• Whether the rendering of the sentence by a non-competent military tribunal renders the detention null and void ab initio.

Legitimacy and Execution of the Sentence Imposed by the Court of First Instance

• Whether the sentence imposed on September 10, 1942, by the Court of First Instance of Manila in case No. 65166, which petitioner had expressly recognized, is legally binding.
• Whether petitioner should serve the sentence from case No. 65166 in lieu of the invalid detention under case No. 130.

Proper Exercise of Judicial Relief through Habeas Corpus

• Whether the writ of habeas corpus is an appropriate remedy to annul a sentence deprived of legal effect due to the lack of jurisdiction of the tribunal that rendered it.
• The implications of serving or not serving the sentences imposed by disparate authorities under the circumstances.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)