G.R. No. L-1255; July 30, 1947
CARLOS TOLEDANO, petitioner-appellant, vs. FELIX SEVERINO, respondent-appellee.

FACTS

Carlos Toledano filed a petition for habeas corpus in the Court of First Instance of Occidental Negros, seeking his release from detention. The lower court denied his petition. Toledano appealed, assigning three errors: (1) the trial court lacked jurisdiction over his person and the crime he committed; (2) the court erred in sentencing him to serve the unexpired portion of a sentence for a crime committed prior to the Japanese invasion; and (3) the court erred in not granting him liberty.

ISSUE

Whether the lower court erred in denying Toledano’s petition for habeas corpus based on the assigned errors.

RULING

The Supreme Court affirmed the lower court’s order denying the petition.
1. On the first and third assignments of error: The Court held that the lower court acquired jurisdiction over Toledano’s person when he filed the habeas corpus petition. The lower court did not try or convict Toledano; it merely denied his release because there was no showing that the trial court that originally convicted him lacked jurisdiction over the crime or his person, or that the penalty imposed was invalid.
2. On the second assignment of error: The Court clarified that the lower court did not sentence Toledano to serve the unexpired portion of his prior sentence. Instead, it denied habeas corpus because Toledano was legally detained while serving the unexpired portion of his sentence. The lower court did not prosecute Toledano for evasion of sentence under Article 171 of the Revised Penal Code, which would require a new trial and penalty.
The appeal was dismissed, with costs against Toledano.