GR 1292; (May, 1902) (Digest)
G.R. No. 1292 : May 5, 1902
MARCELINO DE LA CRUZ, petitioner-appellee, vs. GEO. N. WOLFE, Warden of Bilibid Prison, respondent-appellant.
FACTS:
The petitioner, Marcelino de la Cruz, filed a petition alleging he was illegally detained in Bilibid Prison. The records show that in February 1900, he was part of an armed band (ladrones) that committed robbery in San Roque, Cavite, and subsequently kidnapped and drowned three boys, resulting in their deaths. He was arrested by military authorities and, by order of the adjutant-general, was turned over to the Court of First Instance of Cavite for criminal prosecution. On May 18, 1900, that court convicted him of gang robbery and triple murder and sentenced him to life imprisonment. He was committed to Bilibid Prison on July 24, 1900.
The case was elevated to the Supreme Court en consulta. On June 27, 1900, the Supreme Court declared the sentence void due to insufficiency of proof and remanded the case to the lower court with instructions to proceed in conformity with the new procedural law (General Orders No. 58). In compliance, the lower court filed two separate complaints for robbery and for triple murder. However, in March 1901, the same court declared it lacked jurisdiction over the charges, holding they fell within military jurisdiction, and forwarded the proceedings to the military authorities. The military, in turn, referred the matter back to the Supreme Court for appropriate action, noting that while the robbery charge might be within military jurisdiction, the murder charge could be prosecuted in the Court of First Instance. No further action was taken on these charges, and the petitioner remained in prison, no longer under the voided life sentence but detained on the pending complaints.
ISSUE:
Whether the continued detention of Marcelino de la Cruz in Bilibid Prison is legal.
RULING:
Yes, the detention is legal. The Supreme Court reversed the judgment of the lower court. The petitioner is legally held in custody. Although his prior conviction and life sentence were declared void and of no effect by the Supreme Court’s decree of June 27, 1900, he remains properly detained on the basis of the two formal complaints for robbery and triple murder filed against him following the remand. His custody is for the purpose of answering these pending charges. The Court ordered that the prosecution or disposal of these charges should proceed without further delay. The petitioner was remanded to the custody of the Warden of Bilibid Prison.