G.R. No. L-1995; October 7, 1948
PIO L. PESTAÑO, petitioner, vs. P. G. CORNISTA, Justice of the Peace of Santa Cruz, Laguna and THE CHIEF OF POLICE, Pasig, Rizal, respondents.

FACTS

Petitioner Pio L. Pestaño filed a petition for habeas corpus after being confined by the Chief of Police of Pasig, Rizal, pursuant to a warrant of arrest issued by the respondent Justice of the Peace of Santa Cruz, Laguna. The warrant was issued due to petitioner’s failure to appear at the preliminary investigation in a criminal complaint for theft of coconuts filed against him. Petitioner contended that his presence at the preliminary investigation was a personal right that could be waived, and such waiver should not result in his arrest and detention.

ISSUE

Whether the petition for habeas corpus should be granted given that the petitioner had already been released from confinement.

RULING

No. The petition was denied for being moot and academic. The respondent Justice of the Peace averred in his answer that the petitioner had already been released upon his directive, an averment not denied by the petitioner. The Court refrained from ruling on the legality of the warrant of arrest, as the issue had become academic due to the petitioner’s release. The Court also held that other allegations raised by the petitioner—regarding the sufficiency of the criminal complaint, the authority of the justice of the peace to proceed, and the cancellation of his bond—were not proper subjects in a habeas corpus proceeding. Furthermore, the petitioner failed to substantiate his claim of contempt against the Chief of Police. The petition was denied without costs.

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