8/9/2019 9_Batch05_De Gracia v. Warden
1/1
G.R. No. L-42032 January 9, 1976
IN THE MATTER OF THE RO!"#TION OF THE $O!% OF MAN"EL !E GRA#IA
ON A &RIT OF
HA$EA' #OR"'. MAN"EL !E GRA#IA, ()*+*+on)r, .
THE &AR!EN, M"NI#IAL JAIL, Maa*+, R+/a THE ROIN#IAL
&AR!EN, ROIN#IAL JAIL, a+,
R+/a HON. RE%NAL!O . HONRA!O, Ju) o5 *) #our* o5 F+r* In*an) o5
R+/a, $ran 88, a+, R+/a
an MAR#IANO . 'TA. ANA, A+*an* ro+n+a F+a, a+, R+/a,
r)(on)n*.
Fa*
Petitioner filed an application for the issuance of a writ of
habeas corpusalleging that in spite of his service of sentencefor a
conviction of serious physical injuries, his release from
confinement was ordered held by respondent judge who
relied upon respondent fiscals reason that, the victim of the
crime having died, an amended information will be filed.
It is undisputed that while the information against petitioner
charged him with the commission of frustrated homicide to
which he pleaded not guilty, it was later amended to one of
serious physical injuries. It is to such lesser offense that on
September 10, 1!1, he entered a plea of guilty. "n the very same
day, respondent #udge $eynaldo P. %onrado imposed
upon him the penalty of four months and one day of arrests mayor
without subsidiary imprisonment in case of insolvency.&hat
period of confinement he had duly served by 'ovember 10, 1!(.
"n )ecember *, 1!(, this +ourt issued the following resolution
-&he +ourt issued the writ of habeas corpus returnable
to this +ourt on riday, )ecember 1/, 1!( and reuired the
respondents to mae a 2return3 of the writ not later than the
aforesaid date. 4s no return of the writ had been filed on the
date set for hearing by respondent wardens, a resolution of
the following tenor was adopted by this +ourt 5a6 to reuire
4ssistant Provincial iscal 7arciano P. Sta. 4na, #r. to file a
return of the writ for the respondent wardens not later than
1080 a.m. of 9ednesday, )ecember 1!, 1!(: and 5b6 to reset
the hearing of this case on the aforesaid date and time
"n the morning )ecember 1!, 1!(, respondent 4ssistant Provincial
iscal 7arciano P. Sta. 4na, #r. and the two
aforesaid wardens appeared. 'either petitioner nor his counsel,
Salvador '. ;eltran, was present.
Iu)
1. 9"' Petition for habeas corpus is proper in the case at
bar
/. 9"' there was lapse in judicial propriety by petitioners
counsel Salvador '. ;eltran
H)
1. It is settled law that habeas corpusis the appropriate remedy
for release from confinement of a person who has served
his sentence &his doctrine was relied upon by petitioner
who, in an application for the issuance of the writ, alleged
that
inspite of his service of sentence for a conviction of serious
physical injuries, his release from confinement was ordered
held by respondent judge who relied upon respondent fiscals
reason that, the victim of the crime having died, an amended
information will be filed. &he petition was, however
declared moot in view of the respondents returns of the writ
stating
that petitioner was no longer in their custody and had already
been released and petitioners own manifestation that he has
in fact, already been released from confinement.
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