G.R. No. L-2280

FACTS:
Petitioner Felix Melliza was a defendant in a criminal case (United States v. Soler and Melliza). After a judgment was rendered against him, he appealed while at liberty on bail. In accordance with procedural rules, his sureties surrendered him to the custody of respondent Deputy Sheriff W.H. Mitchell. Melliza then filed a petition for a writ of habeas corpus before Justice Johnson of the Supreme Court, challenging the validity of the judgment. Justice Johnson granted the writ and ordered Melliza’s release, ruling that the judgment was void. The Solicitor-General appealed this order to the Supreme Court en banc. Pending appeal, Justice Johnson required Melliza to post a new bail, which he did, remaining at liberty.

ISSUE:
Whether the petitioner, Felix Melliza, is entitled to absolute release from custody following the declaration that the judgment in his criminal case is void.

RULING:
No. While the Supreme Court affirmed that the judgment was void, it modified the order of release. The Court, in the related case of United States v. Soler, had already remanded the case for a new trial. Therefore, the petitioner should not be absolutely discharged. Instead, he is to be placed in the custody of the Sheriff of the Province of Sorsogon to await the new trial. The order of Justice Johnson was modified accordingly.