LEONISA DE LA PLATA, PETITIONER, VS. MAJOR RUBEN ESCARCHA, PATROLMEN NAPOLEON RALLANKA, CELINO BRIONES, SALVADOR GUITAN AND BENJAMIN MANTO, ALL MEMBERS OF THE MANILA POLICE DEPA…

On June 22, 1977 Leonisa de la Plata
filed a petition for habeas corpus wherein she alleged that on
June 21, 1977 respon­dent police officers apprehended her son, Rodolfo (19 or
23 years old), and detained him without lawful cause at Precinct No. 5 located
at United Nations Avenue, Ermita, Manila.

On June 27, 1977
this Court issued the writ of habeas corpus and required the
respondents to make a return on or before July 1, 1977.

The respondents in their return alleged that Rodolfo de la Plata
was arrested for vagrancy on June 21 by the members of the special operations
group of the Western Police District, Metropolitan Police Force.  On the following day, June 22, he was charged
with vagrancy in the city court of Manila (Criminal Case No. 061332).

Upon arraignment on June 29, Rodolfo, with the assistance of
counsel, pleaded guilty.  He was
sentenced by City Judge Archimedes C. de Guzman to suffer imprisonment for ten
days of arresto menor.  An order for his commitment to the city jail
was issued.

In the meantime, or on June 23, Rodolfo, while in police custody,
was investigated by the theft and robbery sec­tion for the crime of robbery in
band or holdup of a bus of the Y Liner in August, 1976.  He signed a statement in the pre­sence of his
mother Leonisa and brother Celestino
who signed as witnesses.  The statement
was sworn to before an assistant city fiscal. 
In that statement he admitted his complicity in the holdup.

Before taking Rodolfo’s statement Corporal Rodolfo Dimagiba apprised him of his rights to be silent and to
obtain the services of counsel and he was warned that any declaration made by
him might be used against him.

On June 29 Rodolfo was committed to the custody of the Philippine
Constabulary Metropolitan Command (Judge Advocate Staff Office) at Camp
Crame
pursuant to Presidential Decree No. 9, in relation to General Order Nos. 2-A
and 6, by reason of his participation in robbery in band with the use of a
firearm.

At the hearing of the instant petition on July 1 Lieutenant
Colonel Julian Alzaga of the Judge Advocate Staff
Office manifested that there is a justification for Rodolfo’s detention at Camp
Crame.

Inasmuch as Rodolfo de la Plata is lawfully detained by the
military authorities, the petition for habeas corpus is not in
order (Romero vs. Ponce Enrile, L-44613, February 28,
1977).

WHEREFORE, the petition is dismissed.  No costs.

SO ORDERED.

Antonio and Concepcion, Jr., JJ., concur.

Fernando, J., (Chairman), concurs
in the ???????

Barredo, J., concurs in a separate opinion.

Santos, J., did not take part.