G.R. No. L-2249; June 18, 1948
In the matter of a petition for habeas corpus in respect of Prudencio Surallo. SEVERO SURALLO, petitioner, vs. THE DIRECTOR OF PRISONS, respondent.

FACTS

Prudencio Surallo was confined in the New Bilibid Prisons under a life imprisonment sentence imposed by a general court martial convened in August 1943 by Colonel R.V. Bowler, Commanding Officer of the 10th Military District. The sentence was for an alleged violation of the 93rd Article of War of the Philippine Army. The petition for habeas corpus was filed on the ground that the district commander who appointed the court martial lacked the authority to do so.

ISSUE

Whether the court martial that tried and sentenced Prudencio Surallo was validly convened, such that his continued detention is lawful.

RULING

The Supreme Court granted the writ of habeas corpus and ordered the release of Prudencio Surallo. The Solicitor General, representing the respondent Director of Prisons, accepted the correctness of the petitioner’s allegations and consented to the granting of the petition. The Court’s decision implies that the district commander indeed lacked the authority to convene the court martial, rendering the proceedings and the resulting sentence void.

AI Generated by Armztrong.