Case Summary (G.R. No. 197597)
Petitioner
Datukan Malang Salibo, currently detained at the Quezon City Jail Annex, Bureau of Jail Management and Penology Building, Camp Bagong Diwa, Taguig City.
Respondent
Warden of the Quezon City Jail Annex and all officers acting on his behalf.
Key Dates
• November 7–December 19, 2009: Salibo on Hajj pilgrimage in Saudi Arabia.
• December 20, 2009: Salibo returned to the Philippines.
• August 3, 2010: Salibo learns of police suspicion.
• August 20, 2010: Transferred to Quezon City Jail Annex.
• September 17, 2010: Habeas corpus petition filed with Court of Appeals.
• October 29, 2010: RTC Branch 153 grants habeas corpus.
• April 19, 2011: Court of Appeals reverses.
• July 28, 2011: Petition for review filed with Supreme Court.
• April 8, 2015: Supreme Court decision.
Applicable Law
• 1987 Philippine Constitution, Art. III, Sec. 1 – due process and liberty.
• Rules of Court, Rule 102 (writ of habeas corpus), Rule 113, Sec. 5 (warrantless arrest), Rule 117, Secs. 1–4 (motion to quash).
Remedial Nature of Habeas Corpus
Habeas corpus is an extraordinary, summary remedy under Rule 102, Sec. 1 to inquire into any illegal restraint of liberty and to order immediate relief if the restraint is unlawful. It protects the constitutional right to due process (Const., Art. III, Sec. 1) and may be invoked when no valid judicial process authorizes detention.
Lower Court Proceedings
Salibo filed an urgent petition before RTC Branch 153, Pasig City, contending he was not judicially charged or validly arrested since all warrants and informations named “Butukan S. Malang.” He presented his passport, boarding passes, immigration and airline certifications proving his presence in Saudi Arabia on the massacre date. The RTC found no warrant or information against him, ruled his arrest unlawful, and granted his immediate release on October 29, 2010.
Court of Appeals Proceedings
The Warden appealed to the Court of Appeals, which held Salibo was detained under valid process and that habeas corpus was unavailable once a valid information and warrant exist. It held the proper remedy was a motion to quash and dismissed the petition on April 19, 2011. A motion for reconsideration was denied on July 6, 2011.
Issues Framed for Supreme Court Review
- Whether the RTC decision granting habeas corpus was appealable to the Court of Appeals.
- Whether Salibo’s proper remedy was habeas corpus or a motion to quash under Rule 117.
Supreme Court Ruling on Appellate Jurisdiction
By issuing the writ returnable to the RTC, the Court of Appeals effectively delegated the determination of the petition’s merits to the trial court, which acquired full authority to decide it. The decision was therefore appealable to the Court of Appeals. The Warden’s appeal was properly filed.
Scope and Purpose of the Writ
The writ of habeas corpus ensures personal freedom against arbitrary detention. It extends to all forms of involuntary restraint (Rule 102, Sec. 1) and remains available so long as the detention is not authorized by valid judicial process (Rule 102, Sec. 4). Once a valid indictment and warrant exist, habeas corpus becomes moot; the accused must pursue ordinary remedies such as a motion to quash.
Remedy in Cases of Lawful Process
If a person is in custody under a valid court process or order, habeas corpus cannot be
...continue readingCase Syllabus (G.R. No. 197597)
Parties and Nature of the Petition
- Petitioner: Datukan Malang Salibo, detained at Quezon City Jail Annex, Camp Bagong Diwa, Taguig City
- Respondents: Warden of Quezon City Jail Annex and all persons acting on his behalf or having custody of Salibo
- Relief sought: Writ of habeas corpus for deprivation of liberty due to alleged mistaken identity
Statement of Facts
- From November 7 to December 19, 2009, Salibo traveled to Saudi Arabia for the Hajj Pilgrimage, visiting Medina, Mecca, Arpa, Mina, and Jeddah
- He returned to the Philippines on December 20, 2009
- On August 3, 2010, local police suspected him of being “Butukan S. Malang,” one of the accused in the November 23, 2009 Maguindanao Massacre, with an outstanding warrant of arrest
- Salibo presented passport pages, boarding passes, and airline certifications proving his presence in Saudi Arabia at the time of the massacre
- Despite initial assurances, officers arrested Salibo, tore off his passport page, and detained him for three days at Datu Hofer Police Station, then ten days with CIDG in Cotabato City, and finally transferred him on August 20, 2010 to Quezon City Jail Annex
Proceedings Before the Regional Trial Court
- September 17, 2010: Salibo filed Urgent Petition for Habeas Corpus with the Court of Appeals; writ issued and made returnable to RTC Branch 153, Pasig City
- September 27–October 1, 2010: RTC hearing on return—Warden initially failed to file return, appeared without counsel, then appeared with a legal officer rather than Solicitor General; hearings reset twice
- October 1, 2010: Assistant Solicitors argued the petition was moot because a valid information and warrant existed; Salibo maintain