G.R. No. L-668; July 13, 1946
ZOSIMO L. ABANTO (alias MAXIMO FERNANDEZ), petitioner, vs. THE DIRECTOR OF PRISONS, respondent.

FACTS

Petitioner Zosimo L. Abanto filed a petition for a writ of habeas corpus seeking the annulment of a sentence imposed upon him by the Japanese imperial military authorities on March 13, 1942, in case No. 130. The sentence was for thirteen (13) years, eight (8) months and one (1) day of imprisonment, plus an additional twelve (12) years and one (1) day for habitual delinquency. He was committed to the New Bilibid Prison on April 29, 1942, to serve this sentence. The Solicitor General, citing the Court’s decision in Reyes vs. Director of Prisons, concurred with the petitioner that the military sentence was without legal effect. However, the Solicitor General recommended that the petitioner remain detained to serve a separate indeterminate sentence of four (4) months to four (4) years, nine (9) months and ten (10) days of imprisonment, which was imposed by the Court of First Instance of Manila on September 10, 1942, in case No. 65166. The legality of this latter sentence was recognized by the petitioner and upheld by the Court in Co Kim Cham vs. Valdez Tan Keh and Dizon.

ISSUE

Whether the sentence imposed by the Japanese imperial military authorities is valid and enforceable, and whether the petitioner can be further detained to serve the sentence imposed by the Court of First Instance of Manila.

RULING

The Court declared the petitioner’s confinement under the sentence imposed by the Japanese imperial military authorities in case No. 130 null and void ab initio, as no competent military tribunal or court of justice had rendered a valid sentence in that case. However, conforming to the Solicitor General’s recommendation, the Court ruled that the petitioner must serve the sentence imposed by the Court of First Instance of Manila in case No. 65166. The service of this sentence is deemed to have commenced from September 10, 1942.