Moncupa vs. Enrile , No.

L-63345, January 30, 1986

(Special Proceedings – Temporary release with involuntary restraints does not render the petition for writ of
habeas corpus moot and academic)

Facts: Petitioners were arrested and detained on the allegation that they were members of a subversive
organization. Petitioners filed a petition for a writ of habeas corpus.
Respondents filed a motion to dismiss after the petitioner was temporarily released from detention on the ground
that the petition for habeas corpus may be deemed moot and academic since the petitioner is free and no longer
under the respondent’s custody.
Petitioner argues that his temporary release did not render the instant petition moot and academic because of the
restrictions imposed by the respondents which constitute an involuntary and illegal restraint on his freedom.

Issue: WON a petition for a writ of habeas corpus becomes moot and academic in view of the detained person’s
release with restrictions.

Held: No. Restraints attached to temporary release of a detained person warrant the Supreme Court’s inquiry into
the nature of the involuntary restraint and relieving him of such restraints as may be illegal.
Reservation of the military in the form of restrictions attached to the detainee’s temporary release constitutes
restraints on the liberty of the detainee. It is not physical restraint alone which is inquired into by the writ of
habeas corpus.
Temporary release of detainee from detention with involuntary restraints does not render the petition for writ of
habeas corpus moot and academic. It is available where a person continue to be unlawfully denied of one or more
of his constitutional freedoms, where there is denial of due process, where the restraints are not merely
involuntary but are necessary, and where a deprivation of freedom originally valid has later become arbitrary.