Title
Kintanar vs. Amor
Case
G.R. No. L-42975
Decision Date
Mar 15, 1976
Petitioners detained for murder under martial law; released with reporting conditions. SC ruled habeas corpus petition moot, conditions reasonable for legal proceedings.
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Case Digest (G.R. No. L-42975)

Facts:

  1. Arrest and Detention: Petitioners Andre Kintanar, Rogelio M. Morales, Jr., Hector (Sonny Boy) Kintanar, and Pablito Kintanar were arrested on the night of February 11, 1976, and detained at Camp Sergio OsmeƱa, Sr., Cebu City, in connection with the death of Jose Miguel Anson on February 10, 1976.
  2. Requests for Investigation and Release: On February 13, 1976, petitioners requested respondent Lt. Col. Romeo Zulueta to expedite the investigation and release them if no probable cause was found. A similar request was made to Brig. Gen. Luis Amor on February 20, 1976, but no response was received.
  3. Impact of Detention: Petitioners argued that their continued detention prejudiced them, as two were graduating students and the others were employed, risking academic and professional consequences.
  4. Issuance of Writ: The Supreme Court issued a writ of habeas corpus, directing respondents to produce the petitioners and justify their detention.
  5. Respondents' Defense: Respondents claimed the arrest and detention were based on eyewitness accounts of petitioners' involvement in the murder of Jose Miguel Anson, supported by Arrest and Seizure Order No. 3129 issued by the Secretary of National Defense. They also stated that the investigation was delayed due to the complexity of the evidence and was completed on March 1, 1976.
  6. Release of Petitioners: Petitioners were released but under conditions requiring them to report to the Commanding Officer of the CIS or his representative, which petitioners argued was not a full restoration of their liberty.

Issue:

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Ruling:

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Ratio:

  1. Suspension of Habeas Corpus under Martial Law: The Court reiterated that the privilege of the writ of habeas corpus is suspended under martial law for persons arrested or detained for acts related to the suppression of rebellion, insurrection, or safeguarding public safety.
  2. Mootness of the Petition: The Court consistently held that a petition for habeas corpus becomes moot and academic once the petitioner is released from detention.
  3. Precautionary Conditions: The conditions imposed on petitioners' release were deemed reasonable to ensure their availability for further investigation and legal proceedings, and did not constitute a continued deprivation of liberty.


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