G.R. No. L-2240. June 26, 1948.
PEDRO BOTUYAN, petitioner, vs. THE DIRECTOR OF PRISONS, respondent.

FACTS

Petitioner Pedro Botuyan was serving a prison sentence. On February 5, 1945, he was released from the New Bilibid Prison by a conditional pardon order issued by the Japanese Detachment Commander stationed there. In April 1948, he was re-arrested and detained to serve the remainder of his sentence. His wife filed a petition for habeas corpus, alleging his release was lawful and his re-arrest illegal. The Solicitor General argued the release order was null and void because, as of February 5, 1945, the Japanese forces had already lost effective control over Manila and Rizal.

ISSUE

Whether the order of release issued by the Japanese Detachment Commander on February 5, 1945, was valid, thereby making Botuyan’s current detention illegal.

RULING

No. The release order was null and void. The Court, citing its prior ruling in Sameth vs. Director of Prisons, took judicial notice that by February 5, 1945, the Japanese imperial forces had lost effective control over Manila and Rizal and had retreated. Consequently, any order issued by the Japanese authorities on that date, including the pardon and release of prisoners, was without legal force. Botuyan’s release was therefore invalid, and he must serve the unexpired portion of his original sentence. The petition for habeas corpus was denied.

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