Peralta vs Director of Prisons Case Digest – GR No. L-49, November 12, 1945

Peralta vs Director of Prisons Case Digest

Peralta vs Director of Prisons Case Digest


Facts

William Peralta was prosecuted for the crime of robbery and was sentenced to life imprisonment as defined and penalized by Act No. 65 of the National Assembly of the Republic of the Philippines.

The petition for Habeas Corpus is based on the contention that the Court of Special and Exclusive Criminal Jurisdiction created by Ordinance No. 7 was a political instrumentality of the military forces of Japan and which is repugnant to the aims of the Commonwealth of the Philippines for it does not afford a fair trial and impairs the constitutional rights of the accused.

Issue

Is the creation of court by Ordinance No 7. valid?


Co Kim Chan vs Valdez Case Digest – G.R. No. L-5 September 17, 1945

Ruling

Yes.

Since the criminal jurisdiction established by the invader is drawn entirely from the law martial as defined in the usages of nations.

All judgment of a political complexion of the courts during the Japanese regime ceased to be valid upon reoccupation of the islands

The Writ of Habeas Corpus prayed for is hereby granted and it is ordered that the petitioner be released forthwith.


Peralta vs Director of Prisons Case Digest

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