Case Digest (G.R. No. 197597)
Facts:
In In the Matter of the Petition for Habeas Corpus of Datukan Malang Salibo, petitioner Datukan Malang Salibo, a Filipino who participated in the Hajj pilgrimage in Saudi Arabia from November 7 to December 19, 2009, returned to the Philippines on December 20, 2009. On August 3, 2010, officers of Datu Hofer Police Station in Maguindanao, suspecting him to be Butukan S. Malang, one of the accused in the November 23, 2009 Maguindanao massacre, summoned Salibo to clear his identity. Although he presented passport pages, boarding passes, and other documents proving his presence in Saudi Arabia during the massacre, police tore out a crucial passport page, arrested him without warrant, and detained him first at Datu Hofer Police Station for three days, then at the CIDG in Cotabato City for ten days, and finally at Quezon City Jail Annex from August 20, 2010 onward. On September 17, 2010, Salibo filed a Petition for Habeas Corpus before the Court of Appeals (CA), which issued a writ retCase Digest (G.R. No. 197597)
Facts:
- Identity and Alleged Mistaken Identity
- Datukan Malang Salibo (Salibo) returned to the Philippines on December 20, 2009 after performing the Hajj in Saudi Arabia (November 7–December 19, 2009), supported by passport pages, boarding passes, flight manifests, and airline certifications.
- Police of Datu Hofer Station, Maguindanao, suspected him to be “Butukan S. Malang,” one of the 197 accused in 57 counts of murder for the November 23, 2009 Maguindanao Massacre under People v. Ampatuan, Jr., et al., with pending warrants of arrest.
- Arrest and Detention
- On August 3, 2010, Salibo voluntarily reported to clear his name, presenting documentary proof of his identity and absence from the Philippines during the massacre; officers initially assured no arrest.
- Officers tore off the departure page of his passport, detained him three days at Datu Hofer Police Station, transferred him to CIDG Cotabato City for ten days (where he signed documents), then on August 20, 2010 moved him to Quezon City Jail Annex, Camp Bagong Diwa.
- Habeas Corpus Proceedings Before the Courts of Appeals and the RTC
- September 17, 2010: Salibo filed an Urgent Petition for Habeas Corpus in the Court of Appeals (CA). September 21, 2010: CA issued a writ returnable to RTC, Branch 153, Pasig City, setting hearing dates.
- RTC hearings on September 27 and 29, 2010 were reset due to the Warden’s failure to timely file a Return and counsel appearance issues. October 1, 2010: Return finally heard; Salibo argued mistaken identity and lack of process; Warden’s counsel urged dismissal due to valid Information and Warrant of Arrest.
- Decisions Below
- October 29, 2010: RTC, Branch 153, Pasig City granted Salibo’s petition, ruling no “judicial charge” or valid warrant against him, finding his detention illegal and ordering immediate release.
- April 19, 2011: CA, Ninth Division reversed, holding Salibo was arrested under a valid Information and Warrant of Arrest for Butukan S. Malang and that his proper remedy was a motion to quash, not habeas corpus; denied Salibo’s Motion for Reconsideration on July 6, 2011.
Issues:
- Whether the RTC decision on Salibo’s petition for habeas corpus was appealable to the Court of Appeals.
- Whether Salibo’s proper remedy for alleged wrongful detention is a petition for habeas corpus or a motion to quash the Information and/or Warrant of Arrest.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)