Case Digest (G.R. No. L-268)
Facts:
Nicasio Salonga y Rodriguez v. J. P. Holland and Eriberto Misa, G.R. No. L-268, March 28, 1946, the Supreme Court First Division, Pablo, J., writing for the Court. The petition arose from a habeas corpus petition filed January 12, 1946 by Fidela Fernandez de Salonga on behalf of her husband, Nicasio Salonga y Rodriguez, who she alleged had been arrested on January 10 without a warrant and without being charged with any crime.
The trial judge, Judge Ocampo of the Court of First Instance of Manila, issued a writ on January 14. On the return day, January 15, Colonel J. P. Holland, Chief of Police of the City of Manila, answered that Salonga had in fact been arrested on January 10 at 9:30 a.m., and that on January 11 at 2:58 p.m. he had delivered the prisoner to the Director of Prisons at Bilibid, Muntinglupa; Holland therefore asked that the petition be denied. Counsel for the petitioner amended the petition to include Eriberto Misa, Director of Prisons, as a respondent. The trial court ordered the Director to produce the prisoner on January 18 but subsequently, on January 19, dismissed the petition as to the Director of Prisons and, on January 21, dismissed it as to Colonel Holland. The petitioner appealed to the Supreme Court.
The record shows that Salonga had been convicted on May 11, 1944 by the Court of First Instance of Manila in Criminal Case No. 94947 for firing a firearm and was sentenced to six months and one day of correccional imprisonment with costs. He was committed to Bilibid Prison on May 11, 1944, transferred on June 3, 1944 to Camp Nichols under custody, and escaped custody the same afternoon of June 3 after serving twenty-three days of his sentence. On January 10, 1946 he was arrested on Juan Luna Street in Manila and, as stated, delivered to the Director of Prisons on January 11 to serve the un...(Subscriber-Only)
Issues:
- Was the arrest of Nicasio Salonga y Rodriguez on January 10, 1946 without a warrant unlawful entitling him to release by habeas corpus?
- Was Salonga’s subsequent detention in Bilibid Prison lawful despite his conviction having been rendered during the...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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