Elepante v. Madayag
REITERATIONFacts
1. The Antecedents: Major Romeo Elepante, a Philippine Navy officer, was awakened and detained by armed soldiers on April 15, 1990, without a warrant of arrest. He was subsequently investigated for five days and confined at Fort Bonifacio, with no formal charges filed against him. The detention was purportedly due to his involvement in several coup attempts. 2. Procedural History: Major Elepante filed a petition for habeas corpus with the Supreme Court (G.R. No. 93172), which was referred to the Regional Trial Court of Makati for hearing and decision. The RTC, Branch 145, presided over by Judge Job Madayag, heard the case and, on May 24, 1990, dismissed the petition, ruling that the arrest was justified under Article 70 of the Articles of War and that the Chief of Staff of the Armed Forces could order his release. The RTC also noted that military procedure does not require a formal charge before arrest and confinement by a commanding officer. 3. The Petition: Major Elepante filed the instant petition for certiorari on June 11, 1990, challenging the RTC's decision. He argued that his continued detention violated the Constitution as no criminal complaint had been filed. The Solicitor General, however, contended that the petition was filed out of time, as the 48-hour reglementary period for appeal in habeas corpus cases, as stipulated in Rule 41, Section 18 of the Revised Rules of Court, had lapsed. The Supreme Court ultimately dismissed the petition on the grounds of untimeliness, while also directing the respondent General Biazon to take appropriate action if no charges could be established or a prima facie case existed.
Issue(s)
Whether the petition for review on certiorari was filed within the reglementary period. Whether the continued detention of Major Elepante is constitutional despite the absence of a formal charge.
Ruling
The petition is dismissed for being filed out of time. The decision sought to be reviewed had already attained finality. However, the Court directed respondent Major General Rodolfo Biazon to take appropriate action regarding Major Elepante's detention if his participation in coup attempts cannot be established or if no charges can be filed against him.
Ratio Decidendi
On the timeliness of the petition: The Court reiterated the mandatory and jurisdictional nature of the reglementary period for appeals in habeas corpus cases, which is forty-eight (48) hours from notice of the judgment, as provided in Section 18 of Rule 41 of the Revised Rules of Court. The Court cited Saulo v. Brig. Gen. Cruz and Medina v. Yan in support of this rule. In the present case, counsel for the petitioner received the trial court's decision on May 29, 1990, and filed the petition for certiorari on June 11, 1990, thirteen days later. This was clearly outside the forty-eight-hour period, rendering the assailed decision final. The Court also clarified the computation of the period, following Kabigting v. Director of Prisons, where the day of promulgation or service is not counted, and the period begins the following day, unless it is a Sunday or legal holiday. On the constitutional issue of detention: Although the petition was dismissed on procedural grounds, the Court stressed that indefinite confinement is not sanctioned. Even if a military officer is arrested pursuant to Article 70 of the Articles of War, immediate steps must be taken to try the accused or dismiss the charge and release him, as mandated by Article 71 of the same Articles. Any officer responsible for unnecessary delay in the investigation or conclusion of the case may be punished. The Court emphasized that if Major Elepante's participation in coup attempts could not be established, or if no charges could be filed, or if there was no prima facie case warranting trial before a military commission, respondent Major General Rodolfo Biazon should release him.
Main Doctrine
A petition for certiorari seeking to review a decision in a habeas corpus case must be filed within the reglementary period for appeals in such cases, which is forty-eight (48) hours from notice of the judgment. Failure to perfect the appeal within the said period renders the decision final and unappealable.