Case Digest (G.R. No. 182855)
Facts:
Adonis v. Tesoro, G.R. No. 182855, June 05, 2013, First Division, Reyes, J., writing for the Court. Petitioners are Alexander Lex Adonis, represented by the Center for Media Freedom and Responsibility (through its Executive Director Melinda Quintos-De Jesus), and the National Union of Journalists of the Philippines (through its chairperson Jose Torres, Jr.); respondent is Superintendent Venancio Tesoro, Director of the Davao Prisons and Penal Farm.In Criminal Case No. 48679-2001, filed by then Representative Prospero Nograles, the Regional Trial Court (RTC), Branch 17, Davao City convicted Adonis of libel and imposed an indeterminate sentence of five months and one day (minimum) to four years, six months and one day (maximum). Adonis began serving his sentence at the Davao Prisons and Penal Farm on February 20, 2007. A second libel case, Criminal Case No. 48719-2001, was pending before RTC Branch 14, filed by Jeanette L. Leuterio.
On December 11, 2007 the Board of Pardons and Parole (BPP) issued an order granting discharge on parole to seven inmates, including Adonis; that order was received by the Davao City Parole and Probation Office on May 2, 2008. Meanwhile, the Supreme Court issued Administrative Circular No. 08-2008 on January 25, 2008, providing guidelines that courts should prefer fines over imprisonment in libel cases, subject to judicial discretion and without removing imprisonment as a penalty.
Adonis filed a Motion to Reopen Case with RTC Branch 17 on April 18, 2008 seeking immediate release and modification of his sentence to a fine pursuant to Administrative Circular No. 08-2008. On May 26, 2008, in Criminal Case No. 48719-2001 (Branch 14), Adonis moved for provisional release; the trial court granted bail (P5,000), he posted bond, and the court issued an order directing his release unless held for other offenses. That order was served on respondent, but release was not effected.
On May 30, 2008 Adonis filed the instant petition with the Supreme Court for the issuance of the writ of habeas corpus under Rule 102 of the Rules of Court, alleging unlawful restraint. The respondent filed a comment; Adonis filed subsequent motions to res...(Pro-only)
Issues:
- Was petitioner Adonis entitled to the writ of habeas corpus?
- Could Administrative Circular No. 08-2008 be applied retroactively to modify Adonis’s sentence from imprisonment...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
- (Pro-only)