Case Digest (G.R. No. L-63345)
Facts:
In Efren C. Moncupa vs. Juan Ponce Enrile, et al. (225 Phil. 191, En Banc, January 30, 1986), petitioner Efren C. Moncupa was arrested on April 22, 1982 at about 10:50 P.M. at the corner of D. Tuazon Street and Quezon Avenue, Quezon City, and detained at MIG-15 Camp Bago Bantay. The following day, a Presidential Commitment Order was issued against him and eight others on suspicion of membership in the National Democratic Front. Two separate investigations—one by Lt. Col. Gerardo Lantoria, Jr., Chief of Task Force Makabansa, and another by Investigating Fiscal Amado Costales—concluded Moncupa was not a subversive organization member but recommended prosecution for illegal possession of firearms and subversive documents under Presidential Decree No. 33. Consequently, two informations were filed: one for illegal firearms possession before the Court of First Instance of Rizal, and another for violation of P.D. 33 before the Quezon City City Court. Moncupa was excluded from charges uCase Digest (G.R. No. L-63345)
Facts:
- Arrest and Detention
- On April 22, 1982 at about 10:50 P.M., Efren C. Moncupa was arrested at the corner of D. Tuazon Street and Quezon Avenue, Quezon City, and brought to MIG-15 Camp Bago Bantay for detention.
- On April 23, 1982, a Presidential Commitment Order (PCO) was issued against him and eight others, alleging he was a National Democratic Front (NDF) staff member.
- Investigations and Charges
- Lieutenant Colonel Gerardo Lantoria, Jr. and Investigating Fiscal Amado Costales separately found Moncupa not a subversive organization member and recommended prosecution only for illegal possession of firearms and subversive documents under Presidential Decree No. 33.
- Two informations were filed: one for illegal possession of firearms (Court of First Instance of Rizal) and one for violation of PD 33 (City Court of Quezon City). He was excluded from charges under the Revised Anti-Subversion Law (PD 885, as amended).
- Pre-Habeas Corpus Proceedings and Release
- The petitioner’s arraignment and further proceedings were not pursued; his motions for bail were denied by the lower courts.
- Moncupa filed a petition for writ of habeas corpus. In their return, respondents justified his detention by claiming suspension of the privilege of the writ.
- On May 11, 1983, the Minister of National Defense, with the President’s approval, temporarily released Moncupa subject to conditions. On August 30, 1983, respondents moved to dismiss the petition as moot and academic.
- Conditions Attached to Temporary Release
- Freedom of movement curtailed: prior approval required for any travel outside Metro Manila.
- Liberty of abode restricted: prior approval required to change residence.
- Freedom of speech limited: prohibition against interviews or press releases inimical to national security.
- Mandatory reporting: required to report regularly to respondents or their representatives.
Issues:
- Whether the petition for writ of habeas corpus has become moot and academic by reason of the petitioner’s temporary release.
- Whether the conditions attached to the petitioner’s temporary release constitute illegal involuntary restraints sustaining the writ’s availability.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)