G.R. No. L-1540; January 26, 1948
SIMPLICIO MAG. GUINTO, in behalf of prisoner, his cousin, LEONARDO ANDRES, petitioner, vs. THE DIRECTOR OF PRISONS, respondent.

FACTS

Petitioner Simplicio Mag. Guinto filed a petition for habeas corpus seeking the release of his cousin, Leonardo Andres, a prisoner in Bilibid Prisons. Andres was convicted of robbery by the Court of First Instance of Manila on December 15, 1943, during the Japanese occupation. Petitioner contends this judgment is null and void because it was rendered by a court not of the Commonwealth or Republic of the Philippines, and the penalty imposed is not in accordance with present laws.

ISSUE

Whether the judgment of conviction rendered by a court during the Japanese occupation for an offense defined and penalized under the Revised Penal Code remains valid after the liberation.

RULING

Yes. The petition is denied. The judgment convicting Leonardo Andres of robbery, an offense defined and penalized in the Revised Penal Code, lacks political complexion and remains valid even after the termination of the Japanese military occupation. The Court distinguished this case from Luangco and Lagera, where convictions were based on a law (Act No. 65) enacted by the Philippine Republic during the Japanese occupation. Furthermore, Andres is also serving time under three other valid judgments of conviction rendered after liberation in 1946, and his minimum term with good conduct allowance expires only on October 25, 1949.

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