September 1908 - Philippine Supreme Court Decisions/Resolutions

Philippine Supreme Court Jurisprudence

Philippine Supreme Court Jurisprudence > Year 1908 > September 1908 Decisions > G.R. No. 4073 September 12, 1908 - TAN CONG v. M. L. STEWART

011 Phil 271:

EN BANC

[G.R. No. 4073. September 12, 1908. ]

TAN CONG, Petitioner-Appellant, v. M. L. STEWART, Acting Director of Prisons, Respondent-Appellee.

Frank B. Ingerson for Petitioner.

SYLLABUS

1. APPEAL IN HABEAS CORPUS PROCEEDINGS. — Under the provisions of Act No. 654 of the Philippine Commission, an appeal from a decision in habeas corpus proceedings that the prisoner should be released must be taken in the name of the officer or person detaining him.

D E C I S I O N

CARSON, J. :

This is an appeal from the decision of a single justice of this court in habeas corpus proceedings discharging the petitioner who was detained "by reason of civil proceedings." The proceedings upon appeal in such cases are prescribed in Act No. 654, in section 1 whereof it is provided that —

". . . If the order of the court or judge be that the prisoner should be released, the appeal shall be taken in the name of the officer or person detaining him. But if the detention is by reason of civil proceedings, the party in interest or the person who caused the imprisonment or detention shall be entitled to control the appeal in the case last referred to. . ."cralaw virtua1aw library

The appeal in this case was not taken in the name of the officer or person detaining the petitioner, but appears rather to have been taken in the name of the person who caused the imprisonment or detention, and the appeal should therefore be dismissed, with the costs de oficio. So ordered.

Arellano, C.J., Torres, Mapa, Willard and Tracey, JJ., concur.

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