JUSTO CAMAT, PETITIONER, VS. THE DIRECTOR OF PRISON, RESPONDENT.

Petitioner Camat was committed to the new Bilibid Prisons on June 30, 1944,
to suffer six years’ imprisonment, to pay a fine of P1 ,000 or suffer one year’s
subsidiary imprisonment, imposed upon him by the Court of Special and Exclusive
Criminal Jurisdiction, for illegal possession of firearms. Petitioner alleges
that he was sentenced as a guerrilla. On February 5, 1945, he was released from
confinement by virtue of a mass conditional pardon issued by the Japanese
detachment commander for the new Bilibid Prisons. On February 20, 1947, he was
arrested, charged with robbery, and committed as a detention prisoner to the new
Bilibid Prisons on February 25, 1947.

A year later, on February 25, 1948, upon the theory that the pardon granted
to petitioner on February 5, 1945, was null and vold, the Director of Prisons
transferred his status as a detention prisoner to that of a convict.

Petitioner complains that the action of the Director of Prisons is illegal
and that, as a result, petitioner has been restrained of his liberty to talk and
receive his visitors once a week, confined to cells of convicted criminals, and
made to wear prisoner’s garb and work like an ordinary criminal, all of which
are not and cannot be done to a detention prisoner who has the presumption of
innocence In his favor, and that the transfer has been made in bad faith and
with full knowledge that It is illegal because, while respondent took official
notice of the majority decision of the Supreme Court that the pardon granted to
petitioner is null and void, he refused to take cognizance of the decision of
the Supreme Court in Peralta vs. Director of Prisons, L-49, November
12, 1945, 42 Off. Gaz., 198, declaring that the crime of illegal possession of
firearms during the occupation is a political crime and that the decision of the
Court of Special and Exclusive Criminal jurisdiction ceased to be good and valid
ipso facto upon the liberation of the Philippines.

Petitioner prays that the Director of Prisons be ordered to Immediately
restore petitioner to his status as a detention prisoner, that the judgment of
the Court of Special and Exelusive jurisdiction be declared null and void, and
that respondent be ordered prosecuted for the illegal transfer of petitioner
from detention to convicted prisoner.

The Solicitor General, in behalf of respondent Director of Prisons,
recommended in his return of March 23, 1948. that petitioner Camat be restored
to his former status as a detention prisoner, upon the nullity of his conviction
for illegal possession of firearms during the occupation by the Court of Special
and Exclusive Criminal Jurisdiction, in accordance with the decision in the
Peralta case.

As prayed for, the Director of Prisons is ordered to immediately restore
petitioner Justo Camat, also known by the names of Jose or Josefino in the
pleadings on record, to his former status as a detention prisoner, his
conviction by the Court of Special and Exclusive Criminal Jurisdiction for
illegal possession of firearm having become null am void.

Petitioner’s prayer that the Director of Prisons be prosecuted for the
allegedly illegal transfer he made maybe filed by petitioner with the
corresponding administrative or prosecuting officers, no action by this Court on
the matter being necessary,

Parás, Bengzon, Briones, and Padilla, JJ., concur.