8/9/2019 9_Batch05_De Gracia v. Warden

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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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