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[G.R. No. 145216.
PEOPLE vs. FLETCHER
SECOND DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this
Court dated
G.R. No. 145216 (People of the Philippines vs. Martin Fletcher.)
On P102,235.56 as actual damages. The accused, however, failed to appear on
the date of promulgation set on
On
On
Dissatisfied, the accused filed on
Thereafter, the accused filed the following: a) motion for the issuance of a writ of habeas corpus which the Court merely noted in a Resolution [6] cralaw dated January 28, 2002, considering that entry of judgment has already been made; b) motion for the issuance of a writ of habeas corpus with prayer for sentence of reduction which the Court expunged from the records in the Resolution [7] cralaw of April 3, 2002; and, c) separate letters of the accused and his wife requesting investigation on the officials of the Bureau of Pardons and Parole which the Court noted without action in the Resolution [8] cralaw of November 13, 2002.
On May 3, 2004, the accused filed an Urgent Motion to Withdraw his April 19, 2004 Petition from the Second Division and Elevate the said motion to the Court En Banc.
The Court resolves to deny outright the motion.
The high prerogative writ of habeas corpus was devised and exists as a speedy and effectual remedy to relieve persons from unlawful restraint. It is issued when one is deprived of liberty or is wrongfully prevented from exercising legal custody over another person. It extends to all cases of illegal confinement or detention, or by which the rightful custody of a person is withheld from the one entitled thereto. [9] cralaw The object of the writ is to inquire into the legality of one's detention and, if found illegal, to order the release of the detainee. [10] cralaw
However, it is equally well-settled that the writ will not issue
where the person on whose behalf the writ is sought is out on bail, or is in
the custody of an officer under process issued by a court or judge or by virtue
of a judgment or order of a court of record, and that the court or judge had
jurisdiction to issue the process, render the judgment, or make the order.
[11]
cralaw
In the case at bar, the accused was already convicted by final judgment of the
crime of estafa by the RTC of Makati City, Branch 140, on
ACCORDINGLY, the
motion of the accused to withdraw his
Very truly yours,
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
Endnotes:
[1] cralaw Penned by Associate Justice Jose L. Sabio, Jr. with Associate Justices Delilah Vidallon-Magtolis and Hakim S. Abdulwahid, concurring.
[2] cralaw 322 SCRA 518 (2000).
[3] cralaw Rollo, p. 35.
[4] cralaw Id. at 65.
[5] cralaw Id. at 120.
[6] cralaw Id. at 130.
[7] cralaw Id. at 135.
[8] cralaw Id. at 146.
[9] cralaw Illusorio vs. Bildner, 332 SCRA 169 (2000).
[10] cralaw In Re: Azucena L. Garcia, 339 SCRA 292 (2000).
[11] cralaw Ibid.
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