[ G.R. No. L-1540. January 26, 1948 ] 80 Phil. 55
EN BANC
[ G.R. No. L-1540. January 26, 1948 ]
SIMPLICIO MAG. GUINTO, IN BEHALF OF PRISONER, HIS COUSIN, LEONARDO ANDRES, PETITIONER, VS. THE DIRECTOR OF PRISON, RESPONDENT. D E C I S I O N
PARAS, J.:
The petitioner has instituted the present habeas corpus proceeding for the purpose of securing the the immediate release of his cousin, Leonardo Andres, a prisoner in Bilibid Prisons, Muntinlupa, Rizal. Petitioner’s contention is that the confinement of the prisoner is by virtue of a judgment of conviction rendered by the court of First Instance of Manila on Decemeer 15, 1943 which is now null and void because it was rendered by a court other than that of the Commonwealth or Republic of the Philippines, and the penalty imposed is not in accordance with the present laws. This contention is clearly without merit. The judgment In question, which convicted Leonardo Andres of robbery, does net have a political complexion because It covers an offense defined and penalized In the Revised Penal Code. (Herrero and Crisostomo vs. Diaz, 42 0ff. Gaz., 1166; Alcantara vs. Director of Prisons, 42 0ff. Gaz., 480.) Hence said judgment remains good and valid even after the termination of the Japanese military occupation. (Co Lim Cham vs. Valdez Tan Keh, 41 Off. Gaz., 779.) The decision Invoked by the petitioner (Luangco vs. Provincial Warden of Tacloban, Leyte and Lagera vs. Provincial Warden of Tacloban 43 Off. Gaz., 4587), Is not in point, since the petitioners therein were convicted of the crimes of robbery and robbery with homicide defined and penalized by Act No. 65 of the Republic of the Philippines established during the Japanese occupation, passed by the then Assembly on March 3, 1944, or long after the judgment involved in the case at bar was rendered. It appearing that the prisoner’s confinement is by virtue of said judgment and three other judgments of conviction of the Court of First Instance of Manila, rendered after the liberation, and it appearing further that, according to his prison record (Annex 2), his minimum term (with good conduct allowance) will expire only on October 25, 1949; the release of said prisoner is not in order. The petition is hereby denied without costs. So ordered. Moran, C. J., Feria, Pablo, Bengzon, Briones, Padilla and Tuason, JJ., concur.