Adonis v. Tesoro
REITERATIONFacts
The Antecedents: Alexander Adonis was convicted of libel in Criminal Case No. 48679-2001 by the Regional Trial Court of Davao City, Branch 17, and sentenced to an indeterminate penalty. He commenced serving his sentence at the Davao Prisons and Penal Farm on February 20, 2007. A second libel case, Criminal Case No. 48719-2001, was also filed against him by Jeanette L. Leuterio before the RTC of Davao City, Branch 14. Procedural History: On December 11, 2007, the Board of Pardons and Parole issued an order for Adonis's discharge on parole, which was received by the City Parole and Probation Office of Davao on May 2, 2008. Meanwhile, on January 25, 2008, the Supreme Court issued Administrative Circular No. 08-2008, providing guidelines on the imposition of penalties in libel cases. Adonis filed a motion with the RTC Branch 17 on April 18, 2008, seeking his release and modification of his sentence to a fine, and on May 26, 2008, he moved for provisional release in the second libel case before RTC Branch 14, which was granted, allowing him to post bail. Despite an order for his release on May 26, 2008, it was not effected. On May 30, 2008, Adonis filed the instant petition for a writ of habeas corpus. He was eventually released from confinement on December 23, 2008, after accepting the conditions of his parole. The Petition: The petition is for the issuance of a Writ of Habeas Corpus, praying for Adonis's immediate release from detention and, in the alternative, for the application of Supreme Court Administrative Circular No. 08-2008, which imposes a fine instead of imprisonment in libel cases. Adonis argued that his liberty was restrained without valid reason and sought the retroactive application of the Administrative Circular to his case. The respondent filed a Comment, and Adonis subsequently filed an Urgent Motion to Resolve and a Manifestation and Motion, reiterating his prayers. The Court ultimately dismissed the petition, finding that Adonis was not entitled to the writ as his detention was based on a final and executory judgment, and the benefits of the Administrative Circular could not be given retroactive effect.
Issue(s)
Whether the writ of habeas corpus is the proper remedy to assail Adonis's continued detention. Whether Administrative Circular No. 08-2008 can be applied retroactively to Adonis's case.
Ruling
The petition is dismissed. Adonis was released from confinement on December 23, 2008, rendering the petition for habeas corpus moot. The Court found no merit in the petition as Adonis's detention was based on a final and executory judgment for libel, and the pendency of another criminal case disqualified him from parole at the time it was granted. The Court also held that Administrative Circular No. 08-2008 could not be applied retroactively to his case as the judgment had already become final and executory.
Ratio Decidendi
On the availability of the writ of habeas corpus: The Court reiterated that the ultimate purpose of the writ of habeas corpus is to relieve a person from unlawful restraint and that it is issued only for those illegally confined or imprisoned without sufficient legal basis. It is not issued when the person is in custody by virtue of a judicial process or a valid judgment. In this case, Adonis was convicted for libel by the RTC, and his detention was by virtue of a final judgment. Therefore, he was not entitled to the writ of habeas corpus. The Court emphasized that Section 4, Rule 102 of the Revised Rules of Court provides that a writ shall not be allowed if the person is in custody under process issued by a court or judge, or by virtue of a judgment or order of a court of record, provided the court had jurisdiction. On the retroactive application of Administrative Circular No. 08-2008: The Court ruled that the benefits of Administrative Circular No. 08-2008 could not be given retroactive effect in Criminal Case No. 48679-2001. The Court found it "too late in the day" for Adonis to raise this argument because the case had already become final and executory, and he had commenced serving his sentence. The Circular, issued on January 25, 2008, provided guidelines for the imposition of penalties in libel cases, allowing judges discretion to impose a fine instead of imprisonment. However, since Adonis's conviction was final and executory prior to the issuance of the Circular, and he had already begun serving his sentence, the Circular could not be applied to modify his sentence. His eventual release was due to parole, not the retroactive application of the Circular.
Main Doctrine
A writ of habeas corpus is not available to challenge a detention based on a final and executory judgment, especially when the detention is by virtue of a judicial process or a valid judgment. Furthermore, administrative circulars providing for a rule of preference in imposing penalties cannot be given retroactive effect to cases that have already become final and executory.