Juanito B. Llobrera, et al. v. Director of Prisons

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. L-3994             August 16, 1950

JUANITO LLOBERA Y BAYLON,petitioner,
vs.
THE DIRECTOR OF PRISONS,respondent.

The petitioner in his own behalf.
First Assistant Solicitor General Roberto A. Gianzon and Solicitor Office of the Solicitor Juan T. Alano for respondent.

REYES,J.:

This a petition forhabeas corpus.

It appears that petitioner was charged in the Municipal Court of Dagupan with a violation of article 155, paragraph 4, of the Revised Penal Code, which imposes the penalty ofarresto mayoror a fine not more than P200 upon any person "who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places." Pleading guilty to the complaint, petitioner was sentenced to one month's imprisonment for the specific crime charged, and to an additional penalty of 2 years, 4 months and 1 day ofprision correccionalunder the habitual delinquency law, on account of his two previous convictions for the same offense. Petitioner has already served the one month's imprisonment; but having been committed to the New Bilibid Prisons in Muntinglupa for the service of the additional penalty imposed upon him as a habitual delinquent, he now petitions for his liberty on the ground that this additional penalty is null and void, since the habitual delinquency law (article 62, Revised Penal Code, as amended by Republic Act No. 18) applies only to the crimes of "serious or less serious physical injuries,robo,hurto,estafa, orfalsificacion." and not of the crimes described in article 155 of the Revised Penal Code.

The Solicitor General, vin his return, recommends approval of the petition on the ground relied upon by the petitioner as well as on the following ground:

It being obvious that the additional penalty imposed upon petitioner is void for the reasons above stated, the petition forhabeas corpusmust be as it is hereby granted, and petitioner ordered released from custody unless lawfully held for some other reasons.

Moran C.J. , Ozaeta, Pablo, Bengzon, Tuason and Montemayor, JJ.,concur.