G.R. No. 1251 - Mekin vs. Wolfe

Frank Mekin, former member of the Thirty-seventh Infantry, United States Volunteers, was discharged on February 1901.
Subsequent to his discharge, Mekin was tried by a military commission consisting of officers of the United States Regular Army on July 13, 1901.
He was charged with entering the service of the enemy, in violation of the laws of war, and was found guilty.
The military commission sentenced him to twenty years of hard labor to be served in the Presidio of Manila.

Mekin contended that the military commission lacked jurisdiction because at the time of the trial he was a civilian.
He further argued that he was entitled to the benefits of the amnesty proclamation issued by the President of the United States on July 4, 1902.
The petition for the writ of habeas corpus was filed on February 11, 1903, before the hearing in the Court of First Instance.

The respondent, George N. Wolfe, Warden of Bilibid Prison, asserted that Mekin was held under lawful orders.
Wolfe’s return to the writ included copies of General Orders No. 362 (dated November 30, 1901) that approved and commuted the sentence, as well as a certificate by Major-General George W. Davis.
The certificate stated clearly that Mekin was a prisoner sentenced prior to October 1, 1901 and arrested before October 15, 1901 for a violation of the laws of war, thus placing him under military custody.

On February 18, 1903, a hearing was conducted with the Government represented by the Prosecuting Attorney and the Judge-Advocate-General of the Division of the Philippines.
On March 9, 1903, the judge of the Court of First Instance ruled in favor of Mekin, holding that:

The military commission had no jurisdiction given that Mekin was a civilian at the time of trial.
Mekin was entitled to the benefits of the amnesty proclamation.
Mekin should be discharged on taking the oath of allegiance provided under the proclamation.

The Government subsequently appealed from the decision.
Additionally, prior to trial and judgment, Act No. 654 (March 4, 1903) was promulgated, providing for an appeal in habeas corpus proceedings—a point which raised questions regarding its ex post facto nature.

Whether the military commission had the authority to try and sentence Mekin given that he had become a civilian at the time of trial.
Whether the trial before the military commission was void of jurisdiction because of his status and entitlement to amnesty.

Whether the issuance of the writ of habeas corpus by the civil court contravened Act No. 272, which regulates proceedings against a prisoner held by military orders.
Whether Act No. 654, enacted after the filing of the petition, could be applied without being considered an ex post facto law adversely affecting Mekin’s rights.

Whether the certificate issued by Major-General George W. Davis, affirming the legality of the detention based on orders of the commanding general, conclusively terminated the court’s power to issue the writ.