G.R. No. L-24510 & L-24525 December 18, 1967
Case Parties:

G.R. No. L-24510: MARTINIANO P. VIVO, in his official capacity as Commissioner of Immigration and RICARDO P. PORTUGAL, in his official capacity as Security Officer, Detention Station, Bureau of Immigration, petitioners, vs. HON. JESUS P. MORFE, in his official capacity as Judge of the Court of First Instance of Manila, Branch XIII, LEONARD E. PITCOCK, JR. and CORAZON PEREZ PITCOCK, respondents.
G.R. No. L-24525: IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF LEONARDO E. PITCOCK, CORAZON PEREZ PITCOCK, petitioner-appellee, vs. HON. MARTINIANO P. VIVO, Commissioner of Immigration and ATTY. RICARDO PORTUGAL, Overseer, Immigration Detention Station, respondents-appellants.

FACTS

Leonard E. Pitcock, Jr., an American citizen, was the subject of a final and executory deportation order issued by the Board of Commissioners on June 7, 1963, which found him not lawfully admissible at the time of his entry. He was arrested and detained by immigration authorities on April 12, 1965, pursuant to a warrant of deportation. His wife, Corazon Perez Pitcock, filed a petition for habeas corpus (Special Proceedings 60696) on April 27, 1965. The Court of First Instance of Manila, Branch XIII, granted the petition on April 30, 1965, ordering Pitcock’s release from custody within 24 hours, subject to surveillance and bond, and ruling that he should not be deported until the final disposition of pending criminal cases against him and until the dissolution of a writ of preliminary injunction in a separate civil case (Civil Case 50339). The immigration authorities, through the Solicitor General, challenged this decision via two avenues: 1) a direct appeal (L-24525) from the habeas corpus decision, and 2) an original action for certiorari and prohibition (L-24510) before the Supreme Court, contesting the lower court’s jurisdiction and its post-decision orders for Pitcock’s release. On May 12, 1965, the parties agreed that Pitcock would depart the country on or before May 22, 1965. Pitcock left the Philippines on May 22, 1965, in accordance with the deportation order.

ISSUE

Whether the cases (the appeal from the habeas corpus decision and the certiorari and prohibition action) have become moot and academic due to the departure from the country of the subject alien, Leonard E. Pitcock, Jr.

RULING

Yes. The Supreme Court dismissed both cases as moot and academic. With the departure of Leonard E. Pitcock, Jr., the question of the legality of his detention preparatory to deportation was rendered moot. Any decision on the merits would be of no practical value or effect, as he was no longer detained nor within the jurisdiction of the country’s legal processes. The Court cited the precedent of Lewin vs. Deportation Board. Consequently, the habeas corpus case on appeal (L-24525) and the original petition for certiorari and prohibition (L-24510) were dismissed. No costs were awarded.