G.R. No. 456 : August 28, 1901
In the matter of the application of JOHN W. CALLOWAY for a writ of habeas corpus.

FACTS:
John W. Calloway filed a petition for a writ of habeas corpus. The writ was issued on August 23, 1901. In the return to the writ, it was stated that Calloway had been arrested by virtue of military orders. This statement was not objected to by the petitioner’s counsel.

ISSUE:
Whether the Supreme Court of the Philippine Islands has jurisdiction to issue a writ of habeas corpus and order the discharge of a prisoner arrested pursuant to military orders.

RULING:
No. The Supreme Court denied the petition and repealed the writ. The Court held that no judge in the Archipelago had jurisdiction to issue the writ of habeas corpus unless conferred by legislative act. The only applicable law was General Orders, No. 58, as amended by General Orders, No. 70, which expressly denied the Supreme Court and other courts the right to release any prisoner arrested under military orders. While Article 17 of the Act providing for the organization of courts granted the Supreme Court original jurisdiction to issue writs of habeas corpus as prescribed in the Code of Civil Procedure, that Code was not yet in force and could not be applied. Since the petitioner’s arrest was made pursuant to military orders, the Court lacked the power to order his discharge. The writ issued on August 23, 1901, was therefore repealed.