G.R. No. L-45363. June 19, 1984
EMILIANO DULAOGON, PETITIONER, VS. HONORABLE JUAN PONCE ENRILE, SECRETARY OF NATIONAL DEFENSE, LT. REX PIAD OF THE CRIMINAL INVESTIGATION SERVICE AND COL. CESAR G. VILLARIN, PRO…
FERNANDO, C.J.:
validity of the detention of petitioner under an arrest, search and
seizure order for alleged complicity in the killing of a certain Adriano
Antonio, after he was already investigated by the Provincial Fiscal of
Iloilo, without being thereafter included in the information filed in
such case. This Court issued the writ and required a return to the
petition. In such return, there was an admission of the investigation
conducted, but there was an allegation that the subsequent non-inclusion
in the information did not bar the issuance of a search and seizure
order. In a subsequent pleading, respondents explained why such search
and seizure order was issued. The Philippine Constabulary Command in
Iloilo was of the view that petitioner was one of those responsible for
the crime of murder committed by a band, an offense falling within the
jurisdiction of Military Tribunals. Such view was sustained by the then
Acting Assistant Secretary of Legal Affairs of the Department of
National Defense. On the basis thereof, the then Secretary of National
Defense, now Defense Minister, Juan Ponce Enrile, issued the arrest and
seizure order.
It turned out that after the lifting of martial law petitioner was
released. That was set forth in a Manifestation filed with this Court on
May 5, 1983 by Solicitor Dominador G. Cariaso of the Office of the
Solicitor General. He referred to the information coming from “Atty.
Jose Mercado of the Legal Division of the Philippine Constabulary,
Criminal Investigation Service, Camp Crame, Quezon City [that]
petitioner Emiliano Dulaogon was released on July 12, 1982.”[1]
The prayer in such Manifestation was for the dismissal of this
petition on the ground of its being moot and academic. Subsequently,
there was confirmation of petitioner no longer being in detention from a
Manifestation filed by his counsel, stating: “He has personal
knowledge that petitioner Emiliano Dulaogon was already released from
confinement and is now residing in Barangay Rosario, Dumangas, Iloilo.”[2]
WHEREFORE, this petition is dismissed for being moot and academic.
Teehankee, Aquino, Abad Santos, Melencio-Herrera, Plana, Escolin, Relova, Gutierrez, Jr., De La Fuente, and Cuevas, JJ., concur.
Concepcion, Jr., and Guerrero, JJ., did not take part.
Makasiar, J., on leave.
[1] Manifestation dated May 5, 1983.
[2] Manifestation dated May 23, 1983.