G.R. No. 182855 - Adonis vs. Tesoro

Petitioner Mr. Alexander Lex Adonis, represented by the Center for Media Freedom and Responsibility (CMFR) through its Executive Director, Mrs. Melinda Quintos-De Jesus, and by the National Union of Journalists of the Philippines (NUJP) through its Chairperson, Mr. Jose Torres, Jr., filed a Petition for the Issuance of the Writ of Habeas Corpus under Rule 102 of the 1997 Rules of Court.
Petitioner prayed that the Court direct respondent Superintendent Venancio Tesoro, Director, Davao Prisons and Penal Farm, Panabo City, Davao del Norte, to bring petitioner’s body before the Court.
In the alternative, petitioner prayed for the application of Supreme Court Administrative Circular No. 08-2008, which imposes a fine instead of imprisonment, in Criminal Case No. 48679-2001.
Petitioner alleged that his liberty was restrained by respondent for no valid reason.
Respondent filed a Comment.

In Criminal Case No. 48679-2001, petitioner was convicted by the Regional Trial Court of Davao City (RTC), Branch 17 for libel, filed by then Representative Prospero Nograles.
Petitioner received an indeterminate sentence: five (5) months and one (1) day of arresto mayor maximum as minimum penalty, to four (4) years, six (6) months and one (1) day of prision correccional medium as maximum penalty.
Petitioner 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 filed against petitioner by Jeanette L. Leuterio and was pending before the RTC of Davao City, Branch 14.
Even when the habeas corpus petition was filed, Criminal Case No. 48719-01 was still pending.

On December 11, 2007, the Board of Pardons and Parole (BPP) issued an order for the Discharge on Parole of seven (7) inmates in various jails, including petitioner.
The parole-related document was received by the City Parole and Probation Office of Davao on May 2, 2008.
On January 25, 2008, the Court issued Administrative Circular No. 08-2008, which provided guidelines in the observance of a rule of preference in the imposition of penalties in libel cases.
On April 18, 2008, petitioner filed with RTC Branch 17 a Motion to Reopen Case (With Leave of Court), praying for immediate release from detention and for modification of his sentence to payment of fine pursuant to the Circular.
On May 26, 2008, in Criminal Case No. 48719-2001 before RTC Branch 14, petitioner moved for provisional release; the motion was granted by Presiding Judge George Omelio in open court, and petitioner was allowed to post bail in the amount of P5,000.
Subsequently on the same date, and after petitioner f...(Subscriber-Only)

Whether petitioner was entitled to the issuance of a writ of habeas corpus to obtain immediate relief from detention

Whether habeas corpus could issue when petitioner’s detention resulted from service of sentence under a final judgment of conviction.
Whether the pendency of another criminal case disqualified petitioner from immediate release on parole at the time the petition was filed.
Whether the respondent had a lawful basis to deny petitioner’s immediate release.

Whether Administrative Circular No. 08-2008 could be applied retroactively to Criminal Case No. 48679-2001

Whether petitioner could invoke the Circular retroactively after conviction and commencement of service of sentence....(Subscriber-Only)