[ G.R. No. L-1164. March 13, 1947 ] G.R. No. L-1164
[ G.R. No. L-1164. March 13, 1947 ]
ANDRES R. CAMASURA, PETITIONER AND APPELLANT, VS. THE PROVOST MARSHAL, MPC., DAVAO, ETC., RESPONDENT AND APPELLEE. D E C I S I O N
PERFECTO, J.:
The petition in this case was filed after petitioner had appealed against an order of the Court of First Instance of Davao, denying his petition to be released from confinement in a case of habeas corpus instituted in June, 1946. (Camasura vs. Provost Marshal, p. 131, ante.)
Two questions are raised in this case: first, whether or not the pardon granted to petitioner on September 4, 1944, by the Japanese Imperial Government through the Vice-Admiral in command of the Davao base is valid and should be given effect; and second, whether, notwithstanding the existence of the appealed case coming from the Court of First Instance of Davao, petitioner can still file and proceed with the petition in this case.
But in view of the result we have arrived at in the first case (the one proceeding from Davao, Camasura vs. Provost Marshal, supra, wherein we have ordered the immediate release from confinement of petitioner, which is the same remedy he is seeking in this case), there is no need of passing upon said questions.
This case having become a moot one, the petition is dismissed.
Pablo, Hilado, Bengzon, Briones, and Tuason, JJ., concur. Moran, C.J., and Paras, J., concur in the result.
PADILLA, J.:
I concur in the result for the reasons set forth in my dissent in the case of Camasura vs. Provost Marshal (p. 131, ante).