In the Matter of the Petition for Habeas Corpus of Datukan Malang Salibo o No valid arrest as no warrant of arrest or alias

lid arrest as no warrant of arrest or alias warrant of arrest was issued against
G.R. No. 19757 Salibo.
April 8, 2015 o Salibo cannot be Malang because Salibo was out of the country.
 On appeal, CA reversed the decision. It found that Salibo’s arrest and subsequent detention
Topic: Habeas Corpus (HC) was made under a valid information and warrant of arrest, therefore the proper remedy of
Petitioner: Datukan Malang Salibo Salibo was to file a Motion to Quash information and/or warrant of arrest.
Respondent: Warden, Quezon City Jail Annex, BJMP Building, Camp Bagong Diwa, Taguig City and All  Salibo filed MR which was denied by CA.
Other Persons Acting on his behalf and/or having custody of Datukan Malang Salibo
Ponente: J. Leonen ISSUE: W/N the Decision of the RTC was appealable to the CA. (YES)

DOCTRINE: An application for a writ of habeas corpus may be made through a petition filed before this HELD:
court or any of its members, the Court of Appeals or any of its members in instances authorized by law,  An application for a writ of habeas corpus may be made through a petition filed before this
or the Regional Trial Court or any of its presiding judges. The court or judge grants the writ and requires court or any of its members, the Court of Appeals or any of its members in instances
the officer or person having custody of the person allegedly restrained of liberty to file a return of the authorized by law, or the Regional Trial Court or any of its presiding judges. The court or judge
writ. A hearing on the return of the writ is then conducted. grants the writ and requires the officer or person having custody of the person allegedly
restrained of liberty to file a return of the writ. A hearing on the return of the writ is then
FACTS: conducted.
 Nov. 7 to Dec. 19, 2009 – Datukan Malang Salibo (Salibo) and other Filipinos were allegedly in  The return of the writ may be heard by a court apart from that which issued the writ. Should
Saudi Arabia for the Hajj Pilgrimage, visiting cities such as Medina, Mecca, Arpa, Mina, and the court issuing the writ designate a lower court to which the writ is made returnable, the
Jeddah. lower court shall proceed to decide the petition of habeas corpus. By virtue of the
 Dec. 20, 2009 – Salibo returned to Philippines. designation, the lower court "acquire[s] the power and authority to determine the merits of
 Aug. 3, 2010 – Salibo learned that the police in Datu Hofer Police Station in Maguindanao the [petition for habeas corpus.]" Therefore, the decision on the petition is a decision
suspected him of being Butukan S. Malang appealable to the court that has appellate jurisdiction over decisions of the lower court.
o Malang was one of the 197 accused of 57 counts of murder in the Maguindano  In this case, petitioner Salibo filed his Petition for Habeas Corpus before the Court of Appeals.
Massacre on Nov. 23, 2009. Malang had a pending warrant of arrest. The Court of Appeals issued a Writ of Habeas Corpus, making it returnable to the Regional
 Salibo presented himself to the Police at Datu Hofer Station to clear his name. He explained Trial Court, Branch 153, Pasig City. The trial court then heard respondent Warden on his
that he was in Saudi Arabia. He presented his passport, boarding passes, and other Return and decided the Petition on the merits.
documents to show that on the date of the Massacre he was in Saudi Arabia.  We rule that the trial court acquired the power and authority to determine the merits of
 The Police apprehended Salibo and tore off page 2 of his passport which evidenced his petitioner Salibo's Petition. The decision on the Petition for Habeas Corpus, therefore, was the
departure for Saudi Arabia on Nov. 7. Salibo was detained for 3 days in Datu Hofer Station. decision of the trial court, not of the Court of Appeals. Since the Court of Appeals is the court with
 Salibo was then transferred to the Criminal Investigation and Detection Group (CIDG) in appellate jurisdiction over decisions of trial courts, respondent Warden correctly filed the appeal before
Cotobato City and detained for 10days. the Court of Appeals.
o CIDG allegedly made him sign and affix his thumbprint on documents.
 Aug. 10, 2010 – Salibo transferred to Quezon City Jail Annex in Camp Bagong Diwa, Taguig City RULING: WHEREFORE, the Petition for Review on Certiorari is GRANTED. The Court of Appeals Decision
where he is currently detained. dated April 19, 2011 is REVERSED and SET ASIDE. Respondent Warden, Quezon City Jail Annex, Bureau of
Jail Management and Penology Building, Camp Bagong Diwa, Taguig, is ORDERED to immediately
 Salibo filed before CA the Urgent Petition for Habeas Corpus questioning the legality of his
RELEASE petitioner Datukan Maiang Salibo from detention.
detention and deprivation of liberty. He maintains that he is not Malang.
 CA issued a Writ of Habeas Corpus and ordered the Warden of the QC Jail Annex to file a
Return of the Writ 1 day before scheduled hearing and to produce the person of Salibo at
10am on Sept. 27, 2010 (date of hearing). CA made writ returnable to the 2 nd Vice Executive
Judge of RTC-Pasig City.
 Sept. 27, 2010 (date of hearing) – the Jail guards brought Salibo before RTC but the Warden
failed to file a Return the day before the hearing. However, the Warden did appear during the
hearing but without counsel.
o Because of this, RTC reset hearing to Sept. 29
 Sept. 28, 2010 – Atty. Villante (Legal officer of the bureau of jail management and penology)
appeared as counsel for the Warden which was questioned by Salibo.
o Salibo argued that only the SolGen has the authority to appear on behalf of a
respondent in HC proceedings
 The RTC granted Petition for HC and ordered Salibo’s immediate release. RTC found:
o Salibo was not judicially charged. Even Malang was not judicially charged as the
Resolution, Information, and Amended Information presented in court did not
show any charged against Salibo/Malang.