G.R. No. L-46367 - AUGUST 1977 - PHILIPPINE JURISPRUDENCE CASE NUMBERCASE TITLE G.R. No. L-46367August 1, 1977 Leonisa De La Plata vs. Maj. Ruben Escarcha, et al. A.M. No. P-312August 3, 1977 Lumen Policarpio vs. Ely B. Fajardo G.R. No. L-25085August 3, 1977 Lee Nee Uy Kiao Eng vs. Martiniano Vivo G.R. No. L-38893August 3, 1977 Ruby Industrial Corp. vs. CFI Manila G.R. No. L-28069August 8, 1977 Paula Manduriao vs. Roque Habana A.M. No. 322August 9, 1977 Marcelo G. Pasco vs. Loreto Perfecto, et al. A.M. No. P-1279August 9, 1977 Aquilino Encarnacion vs. Crispin I. Peralta A.M. No. 980-CTJAugust 16, 1977 Flora Taboada vs. Jose Cabrera G.R. No. L-46520August 16, 1977 Apolinario Malolos, et al. vs. Gen. Fidel Ramos, et al. G.R. No. L-33849August 18, 1977 Teodorico Alejandro vs. Ambrosio M. Geraldez G.R. No. L-33968August 18, 1977 Andrea Diaz vs. Ambrosio M. Geraldez, et al. G.R. No. L-37195August 18, 1977 Apolonia Angeles Go vs. Hon. Onofre A. Villaluz G.R. No. L-41557August 18, 1977 Habeas Corpus of David Cañ;as vs. Director of the Bureau of Prisons G.R. No. L-26936August 19, 1977 Julio T. De La Cruz vs. Better Living Inc. A.M. No. 386August 26, 1977 Eusebio N. Muñ;oz vs. Alejandro T. Viojan A.M. No. P-909August 26, 1977 Calvin Borre vs. Benjamin Maravilla A.M. No. 57August 26, 1977 Adoracion Tuna vs. Sergio Y. Nazareno A.M. No.1041August 26, 1977 Elvigio Pascual vs. Antonio Mariñ;as G.R. No. L-24435August 26, 1977 Carmen Del Rosario Ilacad, et al. vs. Court of Appeals, et Al G.R. No. L-28843August 26, 1977 Pablo M. Berberabe vs. Nicanor P. Nicolas G.R. No. L-32984August 26, 1977 Alfonso Vergara vs. Abraham Rugue, et al. G.R. No. L-35272August 26, 1977 Florencia Cronico vs. J. M. Tuason & Co., Inc. G.R. No. L-44622August 26, 1977 Marcela M. Baldoz vs. Office of the President, et al. G.R. No. L-45155August 26, 1977 Prudential Construction, Inc. vs. Court of Appeals A.M. No. 127-MJAugust 31, 1977 Custodio Escabillas vs. Hon. Luis D. Martinez A.M. No. 361August 31, 1977 In Re: Judge Sabas Quijano A.M. No. 425August 31, 1977 Aniceto C. Lopez vs. Castor B. Corpuz G.R. L-35009August 31, 1977 Company of the Philippines vs. Court of Industrial Rel. G.R. No. L-27079August 31, 1977 Mla. Cordage Comp. vs. Court of Industrial Rel. G.R. No. L-29901August 31, 1977 Ignacio Frias Chua vs. Court of First Instance G.R. No. L-31858August 31, 1977 Faustino Jaramil vs. Court of Appeals G.R. No. L-32531August 31, 1977 Jose O. Barrios vs. Court of Appeals G.R. No. L-34797-98August 31, 1977 Pacifico De La Serna vs. Commission on Elections G.R. No. L-35951August 31, 1977 Pioneer Insurance & Surety Corp. vs. Agapito Hontanosas G.R. No. L-37051August 3l, 1977 Anita U. Lorenzana vs. Polly Cayetano G.R. No. L-36084August 31, 1977 Rep. of the Phils. vs. Amante P. Purisima G.R. No. L-40718August 31, 1977 Francisco Veloso vs. Workmen's Compensation Com. G.R. No. L-43553August 31, 1977 Consolacion Dimaano vs. Workmen's Compensation Com G.R. No. L-44299August 31, 1977 The People of the Philippines vs. Antonio Quiazon G.R. No. L-44609August 31, 1977 Carco Motor Sales, Inc. vs. Hon. Court of Appeals G.R. No. L-45414August 31, 1977 Mayor of Dumaguete vs. Hon. Alejandro R. Boncaros G.R. No. L-45629August 31, 1977 Heirs of Juan Presto vs. Ereberto Galang G.R. No. L-45995August 31, 1977 Segundo Lazarte vs. Hon. Court of Appeals, et al. G.R. No. L-46249August 31, 1977 Lourdes Quintos, et al. vs. Republic of the Philippines, et al. The Lawphil Project - Arellano Law Foundation, Inc. Leonisa De La Plata vs. Maj. Ruben Escarcha, et al. Lumen Policarpio vs. Ely B. Fajardo Lee Nee Uy Kiao Eng vs. Martiniano Vivo Ruby Industrial Corp. vs. CFI Manila Paula Manduriao vs. Roque Habana Marcelo G. Pasco vs. Loreto Perfecto, et al. Aquilino Encarnacion vs. Crispin I. Peralta Flora Taboada vs. Jose Cabrera Apolinario Malolos, et al. vs. Gen. Fidel Ramos, et al. Teodorico Alejandro vs. Ambrosio M. Geraldez Andrea Diaz vs. Ambrosio M. Geraldez, et al. Apolonia Angeles Go vs. Hon. Onofre A. Villaluz Habeas Corpus of David Cañ;as vs. Director of the Bureau of Prisons Julio T. De La Cruz vs. Better Living Inc. Eusebio N. Muñ;oz vs. Alejandro T. Viojan Calvin Borre vs. Benjamin Maravilla Adoracion Tuna vs. Sergio Y. Nazareno Elvigio Pascual vs. Antonio Mariñ;as Carmen Del Rosario Ilacad, et al. vs. Court of Appeals, et Al Pablo M. Berberabe vs. Nicanor P. Nicolas Alfonso Vergara vs. Abraham Rugue, et al. Florencia Cronico vs. J. M. Tuason & Co., Inc. Marcela M. Baldoz vs. Office of the President, et al. Prudential Construction, Inc. vs. Court of Appeals Custodio Escabillas vs. Hon. Luis D. Martinez In Re: Judge Sabas Quijano Aniceto C. Lopez vs. Castor B. Corpuz Company of the Philippines vs. Court of Industrial Rel. Mla. Cordage Comp. vs. Court of Industrial Rel. Ignacio Frias Chua vs. Court of First Instance Faustino Jaramil vs. Court of Appeals Jose O. Barrios vs. Court of Appeals Pacifico De La Serna vs. Commission on Elections Pioneer Insurance & Surety Corp. vs. Agapito Hontanosas Anita U. Lorenzana vs. Polly Cayetano Rep. of the Phils. vs. Amante P. Purisima Francisco Veloso vs. Workmen's Compensation Com. Consolacion Dimaano vs. Workmen's Compensation Com The People of the Philippines vs. Antonio Quiazon Carco Motor Sales, Inc. vs. Hon. Court of Appeals Mayor of Dumaguete vs. Hon. Alejandro R. Boncaros Heirs of Juan Presto vs. Ereberto Galang Segundo Lazarte vs. Hon. Court of Appeals, et al. Lourdes Quintos, et al. vs. Republic of the Philippines, et al. The Lawphil Project - Arellano Law Foundation, Inc.
Manila
SECOND DIVISION
G.R. No. L-46367 August 1, 1977
LEONISA DE LA PLATA,petitioner,
vs.
MAJOR RUBEN ESCARCHA, PATROLMEN NAPOLEON RALLANKA, CELINO BRIONES, SALVADOR GUITAN and BENJAMIN MANTO, All Members of the Manila Police Department Assigned to Precinct No. 5,respondents.
AQUINO,J.:
On June 22, 1977 Leonisa de la Plata filed a petition forhabeas corpuswherein she alleged that on June 21, 1977 respondent police officers apprehended her son, Rodolfo (19 or 23 years old), and detained him without lawful cause at Precinct No. 5 located at United Nations Avenue, Ermita, Manila.
On June 27, 1977 this Court issued the writ ofhabeas corpusand required the respondents to make a return on or before July 1,1977.
The respondents in their return alleged that Rodolfo de la Plata was arrested for vagrancy on June 21 by the members of the special operations group of the Western Police District, Metropolitan Police Force. On the following day, June 22, he was charged with vagrancy in the city court of Manila (Criminal Case No. 061332).
Upon arraignment on June 29, Rodolfo, with the assistance of counsel, pleaded guilty. He was sentenced by City Judge Archimedes C. de Guzman to suffer imprisonment for ten days ofarresto menor.An order for his commitment to the city jail was issued.
In the meantime, or on June 23, Rodolfo, while in police custody, was investigated by the theft and robbery section for the crime of robbery in band or holdup of a bus of the Liner in August, 1976. He signed a statement in the presence of his mother Leonisa and brother Celestino who signed as witnesses. The statement was sworn to before an assistant city fiscal. In that statement he admitted his complicity in the holdup.
Before taking Rodolfo's statement Corporal Rodolfo Dimagiba apprised him of his rights to be silent and to obtain the services of counsel and he was warned that any declaration made by him might be used against him.
On June 29 Rodolfo was committed to the custody of the Philippine Constabulary Metropolitan Command (Judge Advocate Staff Office) at Camp Crame pursuant to Presidential Decree No. 9, in relation to General Order Nos. 2-A and 6, by reason of his participation in robbery in band with the use of a firearm.
At the hearing of the instant petition on July I Lieutenant Colonel Julian Alzaga of the Judge Advocate Staff Office manifested that there is a justification for Rodolfo's detention at Camp Crame.ℒαwρhi৷
Inasmuch as Rodolfo de la Plata is lawfully detained by the military authorities, the petition forhabeas corpusis not in order (Romero vs. Ponce Enrile, L-44613, February 28, 1977).
WHEREFORE,the petition is dismissed. No costs.
SO ORDERED.
Antonio and Concepcion Jr., JJ., concur.
Santos, J, took no part.
Separate Opinions
FERNANDO,J.,concurring:
As on the day of the hearing, he had not fully served his sentence for vagrancy.
Separate Opinions
BARREDO,J.,concurring:
I concur in the dismissal of the petition in this case.
At the time said petition was filed on June 22, 1977 and when this case was heard on July 1, 1977, Rodolfo de la Plata on whose behalf the petition was filed was under custody by virtue of a final judgment of the City Court of Manila in Criminal Case No. 061332 for vagrancy, in which he pleaded guilty. The validity of this judgment is not being questioned. Under such circumstances, We could not order his release. (Sec. 4, Rule 102.)
While thus under lawful custody, on the basis of intelligence information in the hands of the Philippine Constabulary Metropolitan Command, he was taken to Camp Crame for investigation in connection with his possible participation in a robbery in band with use of a firearm or hold up of a bus of the Y Liner which took place in August 1976. Such being the case, his continued detention by the military authorities is justified under the authority of Presidential Decree No. 9 in relation to General Orders Nos. 2-A and 6, the validity of which he has not impugned in any subsequent pleading. He is not therefore in any sense being illegally detained.