IN RE:  PETITION FOR HABEAS CORPUS, APOLINARIO MALOLES, LUCENA LALAP AND VICTORIA JAVIER IN BEHALF OF POLICARPIO NAVARES, OLIMPIO LALAP AND RODOLFO JAVIER, RESPECTIVELY, PETITIO…

On July 19, 1977, the petitioners filed a petition for habeas
corpus praying for the immediate release of Policarpio Navares, Olimpio Lalap and Rodolfo Javier from
Stockade No. 2 of Camp Crame, Quezon City where they were allegedly ille­gally
detained by the respondents since February, 1977.

On July 26,
1977 this Court issued
the writ of habeas corpus through Mr. Justice Fernando,
the Chairman of the Second Division, and at
the same time required the respondents to
make a return of the writ on or
before the hearing of the case on July 29, 1977.

The Solicitor General, as counsel for the respondents, explained
in his return that Olimpio Lalap, Policarpio Navares and Rodolfo Javier were detained as suspects in the crime of robbery with homicide which was committed on February 6, 1977 at Barrio Bagong Silang, Los Banos, Laguna.  (One Mateo Villegas, Jr. was killed as a result of that holdup.) The sus­pects
were identified by an eyewitness, Cornelio Villegas, the victim’s son.

The respondents alleged that
the detention of Javier and Lalap was effected
by virtue of Commitment Order No. 50-57 dated March 3, 1977 and that of Navares, by virtue of Commit­ment
Order No. 51-77.  The commitment orders
were issued by Constabulary Judge Advocate
Colonel, now General, Hamilton B. Dimaya, pursuant to paragraph 19 of
General Order No. 2-A in relation to section 1[c] of General Order No. 54.

The three detainees were
apprised of the cause of their detention.  Lalap and Javier executed sworn statements dated February 28 and March 1, 1977, respectively.

After investigation of the case, the Criminal Investigation
Service (CIS) at Camp Crame
accomplished “Booking Sheets and
Arrest Reports” for the said detainees, wherein the offense of
“Holdup Robbery with Homicide” was charged.  Javier and Lalap signed the said papers.  Navares did not sign the same.

The case was referred to the
Constabulary Judge Advocate.  A summary preliminary investigation was conducted
by Lieutenant Dionisio Daga.  At the hearings held on June 17 and 29, 1977
the detainees were assisted by their counsel.

The Solicitor General added
that, pursuant to General Order No. 59, the case will be transferred to
the appropriate civil authority.

At the hearing of this case on
July 29 the detainees were produced in court.  Their counsel argued in their behalf.  Counsel for the respondents, elaborating on
the contents of their return, justified the detention of Lalap, Javier and
Navares.  The case was submitted for
decision.

The Solicitor General in a
manifestation dated August 1, 1977 informed this Court that Navares,
Javier and Lalap were released by order of respondent Major General Fidel V.
Ramos, Chief of Constabulary, dated July
30, 1977, pursuant to General Orders Nos. 59 and 60, both dated June 24, 1977,
as respectively implemented in
Department of National Defense Orders Nos. 94 and 95 both dated July 16,
1977.  The case against the said persons
was transferred to the municipal court of Los Baños, Laguna presumably for
preliminary investigation.

WHEREFORE, the instant case is dismissed for having become
moot and academic.  No costs.

SO ORDERED.

Fernando, (Chairman), Barredo, Antonio, and Concepcion, Jr., JJ., concur.

Santos, J., did not take part.