Adonis v Tesoro

Elver Lim

Title: Adonis v Tesoro Citation: G.R. No. 182855, June 5, 2013 Topic: arole Facts:

 This is a petition for the the Issuance of the Writ Writ of Habeas Corpus led by Adonis prayin that the Court directs respondent !uperintendent "enancio Tesoro #respondent$ to have the body of the former brouht before this Court and in the the alter lterna nati tive ve%% prayi ayin for for the the app applica licattion ion of the the !uprem preme e Cou Court Administ Administrati rative ve Circula Circularr &o' ()*(()% ()*(()% +hich +hich impose imposes s the penalty penalty of a ne ne instead of imprisonment in Criminal Case &o' ,)-./*((0' Adonis +as convicted by the 1eional 1eional Trial Trial Court of 2avao City #1TC$% #1TC$% 3ranch 0. for Libel% led aainst him by then 1epresentative 4rospero &orales' He +as sentenced to an indeterminate sentence of ve #5$ months and one #0$ day of arresto mayor ma6imum% as minimum penalty% to four #,$ years% si6 #-$ months and one #0$ day of prision correccional medium% as ma6imum penalty', He bean servin his sentence at the 2avao 4risons and 4enal Farm on February *(% *((.' A second libel case% +as li7e+ise led aainst Adonis by 8eanette L' Leuterio' 9n 2ecember 00% *((.% the 3oard of 4ardons and 4arole #344$ issued an order for the 2ischare on 4arole of seven #.$ inmates in various ails in the country% +hich included Adonis' 9n 8anuary *5% *(()% Court issued Administrative Circular &o' ()*(()% the subect of +hich is the ;uently on even date and after Adonis led a cash bond and an underta7in% the trial court issued an 9rder direct directin in the Chief Chief of 2avao 2avao 4enal 4enal Colony Colony ;to relea release se the accus accused ed Ale6i Ale6is s Adonis unless he is bein held for some other crimes or o?enses'; 9n the same date% the said order +as served to the respondent% but the release of  Adonis +as not e?ected'

Elver Lim 9n =ay @(% *(()% Adonis led the instant petition for the issuance of a +rit of  habeas corpus allein that his liberty +as restrained by the respondent for no valid reason' 9n February 00% *((/% the Court received the letter from the respondent% informin the Court that Adonis had been released from connement on 2ecember *@% *(() after acceptin the conditions set forth in his parole and +ith the advise to report to the City 4arole and 4robation 9cer of 2avao' Issue: 0' Whether or not Adonis is entitled of Habeas Corpus'

1ulin:  The petition is +ithout merit'  The ultimate purpose of the +rit of habeas corpus is to relieve a person from unla+ful restraint' The +rit e6ists as a speedy and e?ectual remedy to relieve persons from unla+ful restraint and as an e?ective defense of personal freedom' It is issued only for the lone purpose of obtainin relief for those illeally conned or imprisoned +ithout sucient leal basis' It is not issued +hen the person is in custody because of a udicial process or a valid  udment' !ection ,% 1ule 0(* of the 1evised 1ules of Court provides +hen a +rit must not be allo+ed or dischare authoriBed% to +it: !EC' ,' When +rit not allo+ed or dischare authoriBed' If it appears that the person alleed to be restrained of his liberty is in the custody of an ocer under process issued by a court or ude or by virtue of a udment or order of a court of record% and that the court or ude had urisdiction to issue the process% render the udment% or ma7e the order% the +rit shall not be allo+edD or if the urisdiction appears after the +rit is allo+ed% the person shall not be dischared by reason of any informality or defect in the process%  udment% or order' &or shall anythin in this rule be held to authoriBe the dischare of a person chared +ith or convicted of an o?ense in the 4hilippines% or of a person su?erin imprisonment under la+ful udment' In the instant case% Adonis +as convicted for libel' !ince his detention +as by virtue of a nal udment% he is not entitled to the Writ of Habeas Corpus' He +as servin his sentence +hen the 344 ranted him parole% alon +ith si6 #-$ others' While it is true that a convict may be released from prison on parole +hen he had served the minimum period of his sentenceD the pendency of  another criminal case% ho+ever% is a round for the dis>ualication of such convict from bein released on parole' &otably% at the time he +as ranted the parole% the second libel case +as pendin before the 1TC 3ranch 0,' In fact% even +hen the instant petition +as led% Criminal Case &o' ,).0/(0 +as still pendin' The issuance of the +rit under such circumstance +as%

Elver Lim therefore% proscribed' There +as basis for the respondent to deny his immediate release at that time'