G.R. No. L-2249. June 18, 1948
IT THE MATTER OF THE PITITION FOR HABEAS CORPUS IN RESPECT OF PRUDENCIO SURALLO.
Decisions / Signed Resolutions June 18, 1948 TUASON, J.:
TUASON, J.:
Prudencio Surallo is confined in the New Billbid Prison in
Muntinlupa, Rizal, by virtue of a decision dated September 23, 1943 of
a general court martial Convened on or about August, 1943, by Colonel
R. V. Bowler, Commanding Officer of the 10th Military District, whereby
Surallo was sentenced to life imprisonment for alleged violation of the
93rd Article of War of the Philippine Army. It is alleged as the ground
of this petition that the District Commander who appointed that court
martial had no authority to do so.
Muntinlupa, Rizal, by virtue of a decision dated September 23, 1943 of
a general court martial Convened on or about August, 1943, by Colonel
R. V. Bowler, Commanding Officer of the 10th Military District, whereby
Surallo was sentenced to life imprisonment for alleged violation of the
93rd Article of War of the Philippine Army. It is alleged as the ground
of this petition that the District Commander who appointed that court
martial had no authority to do so.
In his return in behalf of the respondent Director of Prisons, the
Solicitor General accepts the correctness of the petitioner’s
allegations, and consents to the granting of the petition.
The writ is granted and the prisoner, Prudencio Surallo, is ordered released from confinement.
Parás, Feria, Pablo, Perfecto, Bengzon, Briones, and Padilla, JJ., concur.