(Special Proceedings – Habeas Corpus: Requisites)
Facts: Maria Cruz’s filed a petition for habeas corpus. Her son, David, was tried and convicted by the trial court for violation of the Dangerous Drugs Act of 1972 (RA 6425). He was convicted on September 27, 1993 and sentenced to life imprisonment. He was committed to the National Penitentiary on October 13, 1993. On December 31, 1993, R.A. No. 769 took effect. This law amended provisions of several penal laws, including the Dangerous Drugs Act of 1972.
The penalty for the illegal sale of marijuana under the old law was “life imprisonment to death.” Under R.A. 7659, the penalty depended on the quantity of the drug. The sale of “750 grams or more of Indian hemp or marijuana” became punishable by reclusion perpetua, to death. The penalty for the sale of less than 750 grams of marijuana was reduced to a range “from prision correccional to reclusion perpetua, depending upon the quantity” of the drug.
The amount of marijuana for which David Cruz was convicted is 2.70 grams. The imposable penalty for this amount under the Simon ruling is prision correctional which has a duration of six (6) months and one (1) day to six (6) years. Presently, David Cruz has already served six (6) years and three (3) months of his sentence which is way beyond the last day of prision correccional. The continued detention of Cruz at, the National Penitentiary has been admitted by the Solicitor General as already illegal.
Issue: WON a petition for a writ of habeas corpus be granted.
Held: Yes. The writ of habeas corpus extends to all cases of illegal confinement or detention by which any person is deprived of his liberty. An application for the writ of habeas corpus is made upon verified petition setting forth: (1) that the person in whose behalf the application is made is imprisoned or restrained of his liberty; (2) the officer or name of the person by whom he is imprisoned or restrained; (3) the place where he is imprisoned or restrained of his liberty; and (4) a copy of the commitment or cause of detention of such person.
CASE EATER 