[ G.R. No. 2773. November 14, 1905 ] 5 Phil. 285
[ G.R. No. 2773. November 14, 1905 ]
HARRY J. COLLINS, PETITIONER AND APPELLEE, VS. G. N. WOLFE, WARDEN OF BILIBID PRISON, RESPONDENT AND APPELLANT. D E C I S I O N
WILLARD, J.:
On the 13th day of June, 1905, Collins was convicted in the Court of First Instance of the city of Manila of the crime of theft, and was sentenced to imprisonment (presidio correccional) in Bilibid Prison for the period of two years. Having been confined under the sentence he presented to one of the justices of this court a petition for a writ of habeas corpus. The writ was issued, and after a hearing thereon, an order was entered discharging Collins from imprisonment. From that order the Government appealed. The case had been argued before the court upon that appeal, and is now before it for decision. A former application for the writ is reported in Official Gazette, Volume III, page 401.[1]
The complaint in the court below charges Collins with the crime of theft committed outside of the limits of the city of Manila, within what is known as the five-mile zone encircling the city, and not in the Bay of Manila. We have held in the case of the United States vs. Jenkins, No.1440,[2] that the Courts of First Instance of the city of Manila have no jurisdiction when such offense is committed on land outside of the city limits and within the five-mile zone.
The order appealed from is confirmed, without costs.
Arellano, C. J., Torres and Mapa JJ., concur.