Dulaogon v. Enrile
REITERATIONFacts
The Antecedents: Petitioner Emiliano Dulaogon was detained under an arrest, search and seizure order for alleged complicity in the killing of Adriano Antonio. He had previously been investigated by the Provincial Fiscal of Iloilo but was not included in the information filed. Procedural History: Respondents, including the Secretary of National Defense, issued the arrest and seizure order based on the view that the offense fell within the jurisdiction of Military Tribunals. The Philippine Constabulary Command in Iloilo believed petitioner was responsible for murder committed by a band. The Petition: Petitioner filed an application for the writ of habeas corpus, questioning the validity of his detention.
Issue(s)
Whether the detention of the petitioner under an arrest, search and seizure order is valid. Whether the petition for habeas corpus is moot and academic.
Ruling
The petition is dismissed for being moot and academic.
Ratio Decidendi
On the validity of the detention: The Court noted that the issue of the validity of the detention was raised in the petition for habeas corpus. The respondents admitted the investigation conducted by the Provincial Fiscal but alleged that the subsequent non-inclusion in the information did not bar the issuance of a search and seizure order. They explained that the Philippine Constabulary Command viewed the petitioner as responsible for murder committed by a band, an offense within the jurisdiction of Military Tribunals, which view was sustained by the Department of National Defense, leading to the issuance of the arrest and seizure order by the Secretary of National Defense. On the mootness of the petition: The Court took note of the Manifestation filed by the Solicitor General on May 5, 1983, stating that the petitioner had been released from detention on July 12, 1982. This was further confirmed by a Manifestation from the petitioner's counsel, who had personal knowledge of the petitioner's release and current residence. Consequently, the Court found the petition to have become moot and academic.
Main Doctrine
A petition for habeas corpus becomes moot and academic when the petitioner is released from detention.