[ G.R. No. L-981. October 24, 1946 ] G.R. No. L-981
EN BANC
[ G.R. No. L-981. October 24, 1946 ]
NICASIO SALONGA Y RODRIGUEZ, PETITIONER, VS. DIRECTOR OF PRISONS, RESPONDENTS D E C I S I O N
HILADO, J.:
To the petition of Nicasio Salonga y Rodriguez for the writ of habeas corpus, the Director of Prisons filed his return wherein, while agreeing with petitioner’s contention that the judgment of the Court of Special and. Exclusive Criminal Jurisdiction of April 28, 1944, is null and void, said respondent asserts that petitioner’s detention is valid under commitments Nos. 2 and 3 mentioned in the return. Commitment No. 2 is based upon a judgment, dated May 11, 1944, of the Court of First Instance of Manila in Criminal Case No. 4947 of said court, rendered during the Japanese occupation of the Philippines, and commitment No. 3 is based upon a judgment of the Court of First Instance of Bulacan in Criminal Case No. 371 of said court dated August 7, 1946.
Petitioner expressly states in his petition that he does not question the validity of the decision in Criminal Case No. 4947, nor that in Criminal Case No. 371.
The writer would hold & different view as regards the judgment in said Criminal Case No. 4947. But a majority of the Court hold that said judgment is valid, no less than that rendered in Criminal Case No. 371.
As alleged in the return of respondent, and pursuant to the computation contained in paragraph IV thereof, we find that, eliminating commitment No. 1 under the judgment cf the Court of Special and exclusive Criminal Jurisdiction, petitioner was convicted under the two ether commitments to a total of 1 year, 6 months and 1 day of imprisonment, against this total there should be credited to him the time served as well as that constituting allowances in his favor for good conduct. From said paragraph IV of the return, it appears that as of the date of the computation therein made, petitioner had yet to serve 6 months and 14 days of imprisonment.
The petition is, therefore, denied, with costs to petitioner.
SO ORDERED.
Moran, C.J., Paras, Feria, Pablo, Perfecto, Bengzon, Briones, Padilla, and Tuason, JJ., concur.
Hontiveros, J., took no part.