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EN BANC

G.R. No. L-2249 June 18, 1948

In the matter of a petition for habeas corpus in respect of Prudencio Surallo. SEVERO SURALLO, Petitioner, vs. THE DIRECTOR OF PRISONS, Respondent.

Gregoria T. Cruz for petitioner.
First Assistant Solicitor General Roberto A. Gianzon and Solicitor Jose G. Bautista for respondent.

TUASON, J.:

Prudencio Surallo is confined in the New Bilibid Prisons in Muntinlupa, Rizal by virtue of a decision dated September 23,1943 of a general court martial convened on or about August, 1943, by Coronel R.V. Bowler, Commanding Officer of the 10th Military District, whereby Surallo was sentenced to life imprisonment for alleged violation of the 93rd Article of War of the Philippine Army. It is alleged as grounds of this petition that the district commander who appointed that court martial had no authority to do so.chanroblesvirtualawlibrary chanrobles virtual law library

In his return in behalf of the respondent Director of Prisons, the Solicitor General accepts the correctness of the petitioner's allegations and consents to the granting of the petition.chanroblesvirtualawlibrary chanrobles virtual law library

The writ is granted and the prisoner, Prudencio Surallo, is ordered released from confinement.chanroblesvirtualawlibrary chanrobles virtual law library

Paras, Feria, Pablo, Perfecto, Bengzon, Briones and Padilla, JJ., concur.