[ G.R. No. L-2249, June 18, 1948 ]
IT THE MATTER OF THE PITITION FOR HABEAS CORPUS IN RESPECT OF PRUDENCIO SURALLO. SEVERO SURALLO, PETITIONER, VS. THE DIRECTOR OF PRISON, RESPONDENT.
D E C I S I O N
TUASON, J.:
Prudenolo Surallo is confined in the New Billbid Prison in Muntinlupa, Rizal, by virtue of a decision dated September 23, 1943 of a general court martial Convened on or about August, 1943, by Colonel R. V. Bowler, Commanding Officer of the 10th Military
District, whereby Surallo was sentenced to life imprisonment for alleged violation of the 93rd Article of War of the Philippine Army. It is alleged as the ground of this petition that the District Commander who appointed that court martial had no authority to do so.
In his return in behalf of the respondent Director of Prisons, the Solicitor General accepts the correctness of the petitioner's allegations, and consents to the granting of the petition.
The writ is granted and the prisoner, Prudencio Suiallo, is ordered released from confinement.
Parás, Feria, Pablo, Perfecto, Bengzon, Briones, and Padilla, JJ., concur.