January 1978 - Philippine Supreme Court Decisions/Resolutions

Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1978 > January 1978 Decisions > G.R. No. L-47426 January 31, 1978 - EVELYN B. BALA v. GEN. FIDEL RAMOS, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. L-47426. January 31, 1978.]

EVELYN B. BALA, Petitioner, v. GEN. FIDEL RAMOS, in his capacity as Chief of the Philippine Constabulary; BRIG. GEN. PROSPERO A. OLIVAS, in his capacity as Chief of the Metropolitan Command, Philippine Constabulary; COL. ROLANDO ABADILLA, in his capacity as Chief of M2 Metrocom; COL. THELMO CUNANAN, in his capacity as Chief of National Defense Intelligence Office, and Detention Officer of Manuel V. Bala, Respondents.

SYNOPSIS

Petitioner prayed that a writ of habeas corpus be issued for the release of her husband allegedly detained by respondents without any lawful cause. Respondents, through the Solicitor General manifested that petitioner’s husband had already been released.

Petition dismissed for having become moot and academic.


SYLLABUS


1. HABEAS CORPUS; MOOT AND ACADEMIC. — A petition for a writ of habeas corpus is rendered moot and academic by the release of the person allegedly detained without lawful cause.


R E S O L U T I O N


AQUINO, J.:


Evelyn B. Bala filed on December 6, 1977 a verified petition alleging that her husband, Manuel V. Bala, was detained at the detention room of M2 Metrocom, Philippine Constabulary, without any lawful cause and praying that a writ of habeas corpus be issued for his release.

The writ was issued by the Chief Justice on December 7, 1977. The respondents in their return alleged that Manuel V. Basa, together with Cesar Diaz, was arrested pursuant to an Arrest, Search and Seizure Order (ASSO) dated October 26, 1977, issued by the Secretary of National Defense; that Brigadier General Prospero A. Olivas, the head of the Philippine Constabulary Metropolitan Command (Metrocom), through Captain Rafael I. Jayme of the Judge Advocate General Service, issued on October as, 1977 a commitment order for Bala’s detention in connection with the offense of falsification of official or public documents, undermining national security or public order; that Bala was informed of the reason for his arrest and detention and was investigated for his involvement in the fabrication of fake passports, and that his arrest and detention were justified under sections 3 and 4 of General Order No. 60 and section 9(a)(23 of Letter of Instructions No. 621.

The case was heard on December 14, 1977. On January 3, 1977 the respondents, through the Solicitor General, filed a manifestation stating that on December 30, 1977 Lieutenant Colonel Thelmo Cunanan, a special assistant to the Secretary of National Defense and Chief of the National Defense Intelligence Office, ordered Bala’s temporary release.chanrobles law library : red

The respondent’s prayed that the petition for habeas corpus be dismissed for having become moot and academic. The petitioner in her motion of January 6, 1978 withdrew her petition.

WHEREFORE, the case is dismissed and considered closed. No costs.

SO ORDERED.

Fernando (Chairman), Barredo, Antonio and Concepcion, Jr., JJ., concur.

Santos, J., is on leave.




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