G.R. No. 20478 ; March 14, 1923
In the matter of the petition of AMZI B. KELLY, for the issuance of habeas corpus for Ivon Pumutkin, et al., petitioner, vs. THE DIRECTOR OF PRISONS, respondent.

FACTS

Amzi B. Kelly, a member of the Philippine Bar, filed a petition for a writ of habeas corpus on behalf of sixteen young Russian nationals, members of a Russian fleet’s crew anchored in Philippine waters, who were detained in Bilibid Prison. The detention was at the request of the Admiral of the Russian ships and by order of the Governor-General. The Attorney-General, representing the respondent, stated in the return that the detained Russians did not desire the writ to be issued and accepted the Governor-General’s order. This statement was supported by an affidavit sworn to by the sixteen Russians before the Director of Prisons.

ISSUE

Whether the writ of habeas corpus should be issued when the detained persons, on whose behalf the petition is filed by a third party, repudiate the action and accept their detention.

RULING

No. The petition is denied. The writ of habeas corpus may be prosecuted by the person detained or by someone on their behalf. However, when the application is made by a third person and the prisoner repudiates that action, the writ will be denied. The writ should not issue if the restraint is voluntary, as it would be unnecessary.