Escolar Documentos
Profissional Documentos
Cultura Documentos
On the other hand, Salibo believes that the Warden erred in appealing
the RTC decision before the CA. Salibo argued that although the CA
delegated to the RTC the authority to hear the Wardens Return, the
RTCs ruling should be deemed as the CA ruling, and hence, it should
have been appealed directly before the SC.
Issue 1: W/N Salibo properly availed the remedy of a petition for writ of
habeas corpus
Yes. Habeas corpus is the remedy for a person deprived of liberty due
to mistaken identity. In such cases, the person is not under any lawful
process and is continuously being illegally detained.
First, it was Butukan S. Malang, not Salibo, who was charged and
accused in the Information and Alias Warrant of Arrest issued in the
case of People vs Ampatuan. Based on the evidences presented,
Salibo sufficiently established that he could not have been Butukan S.
Malang. Therefore, Salibo was not arrested by virtue of any warrant
charging him of an offense, nor restrained under a lawful process or an
order of a court. Second, Salibo was not validly arrested without a
warrant. When he was in the presence of authorities, he was neither
committing nor attempting to commit an offense, and the police officers
had no personal knowledge of any offense that he might have
committed. Salibo was also not an escape prisoner.
The police officers have deprived him of his liberty without due process
of law. Therefore, Salibo correctly availed himself of a Petition for
Habeas Corpus.
No, the CAs contention is not correct. Salibos proper remedy is not a
Motion to Quash Information and/or Warrant of Arrest. None of the
grounds for filing a Motion to Quash Information apply to him. Even if
petitioner Salibo filed a Motion to Quash, the defect he alleged could
not have been cured by mere amendment of the Information and/or
Warrant of Arrest. Changing the name of the accused appearing in the
Information and/or Warrant of Arrest from Butukan S. Malang to
Datukan Malang Salibo will not cure the lack of preliminary
investigation in this case. Likewise, a motion for reinvestigation will not
cure the defect of lack of preliminary investigation.
Issue 3: W/N the Warden correctly appealed the RTC ruling on the
Return before the CA