Spec Pro Class 2020

FACTS:

This is a petition for writ of Habeas Corpus by the petitioners Gerry Toyoto, Eddie Gonzales and Dominador Gabiana. In this case the petitioners conducted a march, demonstration and rally along along Northbay Boulevard in Navotas, Metro Manila, specifically, on October 23, 1983.

 

Then the petitioners had been accused for violating Presidential Decree No. 1835 otherwise known as the “Codifying the Various Laws on Anti-Subversion and Increasing the Penalties for Membership in Subversive Organizations” before the Regional Trial Court of Malabon. And No bail was recommended for their provisional liberty.

 

Then the petitioners were arraigned and pleaded not guilty on the offense charged. Then the prosecution presented only one witness and despite the repeated postponement of the trial, because of this the petitioners moved for the dismissal of the case at bar. Then the honorable court granted such motion to dismiss the case.

 

The said dismissal was ordered on November 9, 1984, but on December 5, 1984 the petitioners filed a petition for writ of Habeas Corpus, at the time of filing of the writ, the petitioners had not been released on the ground that there is a Preventive Detention Action had been issued against them. It is noteworthy that the petitioners had been detained for over a year.

 

Then on December 8, 1984, the petitioners had been temporarily released following the order of the Ministry of National Defense.

 

ISSUE:

Whether or not the State can reserve the power to re-arrest a person for an offense after a court of competent jurisdiction has acquitted him of the offense.

 

RULINGS:

The court ruled in the affirmative.

 

Ordinarily, a petition for habeas corpus becomes moot and academic when the restraint on the liberty of the petitioners is lifted either temporarily or permanently.

 

Since the release of the petitioners being merely "temporary" it follows that they can be re-arrested at any time despite their acquittal by a court of competent jurisdiction. The Honorable Court hold that such a reservation is repugnant to the government of laws and not of men principle. Under this principle the moment a person is acquitted on a criminal charge he can no longer be detained or re-arrested for the same offense. So wherefore, the Petition is granted, the release of the petitioners is declared to be permanent.