G.R. No. 20478. March 14, 1923

Amzi B. Kelly, a member of the Philippine Bar, has made application in this
court for the issuance of the writ of habeas corpus to set at liberty sixteen
young Russians, members of the crew of a fleet of boats now at anchor within the
jurisdiction of the Philippine Islands. The return of the Attorney-General
states that these Russian subjects are confined in Bilibid Prison, at the
request of the Admiral of the Russian ships, and pursuant to the orders of the
Governor-General. The Attorney-General further states that the said persons do
not desire that any writ of habeas corpus be issued in their behalf, and accept
and abide by the order of the Governor-General pending such disposition as it is
the wish of the Chief Executive to make in their respective cases. This last
statement is supported by an affidavit subscribed and sworn to by the sixteen
Russians before the Director of Prisons.

The writ of habeas corpus may be prosecuted by a person unlawfully imprisoned
or restrained of his liberty, or by some person in his behalf. Where the
application is made in the prisoner’s behalf by a third person, and where the
prisoner repudiates the action taken, the writ will be denied. The writ of
habeas corpus ought not to issue if the restraint is voluntary because
unnecessary.

Petition denied without costs. So ordered.

Araullo, C.J., Street,
Avanceña, Ostrand, Johns, and Romualdez, JJ., concur.