G.R. No. L-410; April 25, 1946
MAMERTA REYES, petitioner, vs. THE DIRECTOR OF PRISONS, respondent.

FACTS

On April 5, 1942, petitioner Mamerta Reyes was committed to the Correctional Institution for Women under a mittimus signed by Eugenio Dizon, Acting Chief of the Secret Service of Manila. The mittimus stated that Mamerta L. Reyes (arrested March 7, 1942) had been found guilty of the crime of theft and was duly sentenced by the Japanese Imperial Military Authorities on April 1, 1942, to imprisonment for four (4) months. She was also sentenced to an additional penalty of fourteen (14) years and eight (8) months’ imprisonment for being a habitual delinquent. The petitioner sought her release through a writ of habeas corpus, contending that her detention was illegal as there was no valid sentence rendered against her by any competent tribunal. The Solicitor General, representing the respondent Director of Prisons, opposed the petition, arguing that the mittimus indicated she was sentenced by the Japanese military authorities, which were instrumentalities of the Imperial Japanese Army and the source of the Philippine Executive Commission’s authority. The Director of Prisons informed the Court that no copies of the information and the court’s decision in the petitioner’s case were available.

ISSUE

Whether the detention of Mamerta Reyes is legal, given the absence of evidence showing she was tried and sentenced according to law by a competent tribunal.

RULING

The Supreme Court granted the petition for habeas corpus. The Court held that there was nothing to show that the petitioner had been tried and sentenced according to law. As no copies of the information and the court’s decision were available, and the mittimus alone was insufficient to establish a legal basis for detention, her detention was deemed illegal. The respondent Director of Prisons was ordered to release the petitioner forthwith. No costs were awarded.