EN BANC
[ G.R. No. 54095, July 25, 1980 ]
AHMAD DOMOCAO ALONTO, PETITIONER, VS. JUAN PONCE ENRILE, MINISTER OF NATIONAL DEFENSE, CARMELO BARBERO, CHIEF, OFFICE OF DETAINEE AFFAIRS (ODA), AND CAMP COMMANDER, CAMP BAGONG DIWA, BICUTAN, TAGUIG, RIZAL, RESPONDENTS.
D E C I S I O N
FERNANDO, C.J.:
It is a noteworthy feature of this application for a writ of habeas corpus that when, presumably, the attention of the President of the Philippines was invited to a possible unfairness being committed that may give rise to a question of denial of
equal protection where all other individuals arrested on the same occasion had been freed, he acted expeditiously. The temporary release was ordered, hence imparting a moot and academic aspect to the matter.
It was alleged in the petition that Ahmad Alonto, Jr. was, on November 30, 1979, one of those along with 179 other Muslim youths assembled in front of the Quirino Grandstand in Luneta, Rizal Park, Manila, for the purpose of discussing matters of common interest to all followers of Islam, more specifically, as they may be affected by government policies.[1] It was then set forth that military personnel carrying out the instructions of respondent Minister of National Defense, placed them under arrest and brought them for confinement in the detention premises of Camp Bagong Diwa, Bicutan, Taguig, Rizal.[2] It was then mentioned that Alonto, Jr., a grantee of a fellowship to pursue postgraduate studies as a candidate for the degree of Doctor of Philosophy in the University of the Philippines, Los Baños, majoring in Community Development,[3] was not under investigation, much less indicted for any offense. The petition was not filed until after the lapse of 203 days, but still no charges of any nature whatsoever had been filed against him.[4] Moreover, on December 15, 1979, "respondent Minister of National Defense issued an order releasing from military custody one hundred fifty-five (155) of the original group of detainees" and subsequently twenty-four (24) more, thus leaving Alonto, Jr. as the sole individual arrested on that occasion remaining in detention.[5]
The version of respondents, as could be expected, was quite different. They justified his detention for having taken part in "an illegal assembly and demonstration at the Luneta on November 30, 1979, without the necessary permit," purportedly to voice their support to the stand of the Iranians against President Jimmy Carter of the United States.[6] It was the refusal to disperse, there being no permit, that led, accordingly, to their being arrested and thus confined at Camp Bagong Diwa, Taguig, Metro Manila, "pursuant to Commitment Orders dated December 1, 1979 issued by Lt. Col. Julian A. Alzaga, PC Metrocom Staff Judge Advocate, who found, after investigation, that they committed the crime of illegal assembly * * *."[7] Thereafter, an arrest, search and seizure order against Ahmad Alonto, Jr. and the other persons detained was issued by respondent Minister of National Defense.[8] It was then set forth that "for purely humanitarian considerations, it appearing that majority of the detainees are students of various universities/colleges in Metro Manila, all the others except the leader of the demonstration, Ahmad Engracia Alonto, Jr.," were released.[9] In their prayer for dismissal of the petition for the writ, reliance was ultimately placed on the issuance of an arrest, search and seizure order, which had the effect, so it was contended, that the persons arrested would remain in detention until otherwise ordered released by the President or the Minister of National Defense.[10]
The petition was filed on June 23, 1980. The next day was a holiday for Metro Manila. The next session en banc did take place on June 26, 1980, on which occasion this Court issued the writ, respondents being ordered to make a return on or before July 1, 1980, with the hearing set for Thursday, July 3, 1980. Accordingly, the parties were heard and the matter argued. Thereafter, the petition was submitted for decision.
Then came on July 15, 1980, this Manifestation signed by Solicitor General Estelito P. Mendoza.[11] It reads as follows: "1. Upon orders of the President, petitioner Ahmad Alonto, Jr. was temporarily released from detention at 11:00 in the morning on July 11, 1980 and entrusted to the custody of his brother, Albert Alonto; 2. With this development, the petition for habeas corpus seeking the release of petitioner from the custody of respondent has become academic."[12]
The prayer was for the petition being dismissed for being academic. There is justification for such a plea.
This is not the first occasion that a petition of this character has been rendered moot and academic after the person detained was released. Herrera v. Enrile[13] is the first of such decisions. Certainly, it reflects credit on the Executive that a plea for freedom is accorded the most serious consideration and that the policy pursued in case of doubt is one of according it deference. It may be understandable if under the circumstances obtaining in this case, the exercise of the right of peaceable assembly could have been susceptible to an interpretation that removed such gathering from the mantle of constitutional protection. Zeal in the performance of their function could thus explain if it did not fully justify the arrest of persons whose acts could have been equivocal in character and thus possibly violative of the Revised Penal Code provision on illegal assemblies. Considering, however, that the prosecuting arm of the government has been quite alert in the discharge of its responsibility, it is desirable that the civil process be resorted to. At any rate, it would not be redundant to reiterate that the response of the President, once his attention was called, is indeed gratifying. Thus the writ of habeas corpus has once again proven its worth.[14]
WHEREFORE, the petition is dismissed for being moot and academic.
Barredo, Makasiar, Aquino, Concepcion, Jr., Fernandez, Abad Santos, De Castro, and Melencio-Herrera, JJ., concur.
Teehankee, J., files a separate opinion.
Guerrero, J., on official leave.
[1] Petition, par. 5.
[2] Ibid., par. 6.
[3] Ibid., par. 7.
[4] Ibid., par. 10.
[5] Ibid., pars. 11-13.
[6] Respondents Return, par. 1.
[7] Ibid., par. 2.
[8] Ibid., pars. 3 and 4.
[9] Ibid., par. 5.
[10] Ibid., par. 6. Section 4 of General Order No. 60 dated January 24, 1977, reads as follows: "Persons arrested by virtue of an ASSO issued under this General Order shall be kept in detention until otherwise ordered released by me or the Secretary of National Defense who may delegate his authority to release the persons so arrested under such rules and regulations as he may prescribe."
[11] The Manifestation was likewise signed by Assistant Solicitor General Romeo C. de la Cruz and Solicitor Cecilio O. Estoesta.
[12] Ibid.
[13] L-40181, February 25, 1975, 62 SCRA 547.
[14] Cf. Cagaya v. Tangonan, L-40970, Aug. 21, 1975, 66 SCRA 216; Reyes v. Ramos, L-40017, Jan. 29, 1976, 69 SCRA 153; Kintanar v. Amor, L-42975, March 15, 1976, 70 SCRA 61; Malolos v. Ramos, L-46520, Aug. 16, 1977, 78 SCRA 238; Anas v. Enrile, L-44800, April 13, 1978, 82 SCRA 333.
It was alleged in the petition that Ahmad Alonto, Jr. was, on November 30, 1979, one of those along with 179 other Muslim youths assembled in front of the Quirino Grandstand in Luneta, Rizal Park, Manila, for the purpose of discussing matters of common interest to all followers of Islam, more specifically, as they may be affected by government policies.[1] It was then set forth that military personnel carrying out the instructions of respondent Minister of National Defense, placed them under arrest and brought them for confinement in the detention premises of Camp Bagong Diwa, Bicutan, Taguig, Rizal.[2] It was then mentioned that Alonto, Jr., a grantee of a fellowship to pursue postgraduate studies as a candidate for the degree of Doctor of Philosophy in the University of the Philippines, Los Baños, majoring in Community Development,[3] was not under investigation, much less indicted for any offense. The petition was not filed until after the lapse of 203 days, but still no charges of any nature whatsoever had been filed against him.[4] Moreover, on December 15, 1979, "respondent Minister of National Defense issued an order releasing from military custody one hundred fifty-five (155) of the original group of detainees" and subsequently twenty-four (24) more, thus leaving Alonto, Jr. as the sole individual arrested on that occasion remaining in detention.[5]
The version of respondents, as could be expected, was quite different. They justified his detention for having taken part in "an illegal assembly and demonstration at the Luneta on November 30, 1979, without the necessary permit," purportedly to voice their support to the stand of the Iranians against President Jimmy Carter of the United States.[6] It was the refusal to disperse, there being no permit, that led, accordingly, to their being arrested and thus confined at Camp Bagong Diwa, Taguig, Metro Manila, "pursuant to Commitment Orders dated December 1, 1979 issued by Lt. Col. Julian A. Alzaga, PC Metrocom Staff Judge Advocate, who found, after investigation, that they committed the crime of illegal assembly * * *."[7] Thereafter, an arrest, search and seizure order against Ahmad Alonto, Jr. and the other persons detained was issued by respondent Minister of National Defense.[8] It was then set forth that "for purely humanitarian considerations, it appearing that majority of the detainees are students of various universities/colleges in Metro Manila, all the others except the leader of the demonstration, Ahmad Engracia Alonto, Jr.," were released.[9] In their prayer for dismissal of the petition for the writ, reliance was ultimately placed on the issuance of an arrest, search and seizure order, which had the effect, so it was contended, that the persons arrested would remain in detention until otherwise ordered released by the President or the Minister of National Defense.[10]
The petition was filed on June 23, 1980. The next day was a holiday for Metro Manila. The next session en banc did take place on June 26, 1980, on which occasion this Court issued the writ, respondents being ordered to make a return on or before July 1, 1980, with the hearing set for Thursday, July 3, 1980. Accordingly, the parties were heard and the matter argued. Thereafter, the petition was submitted for decision.
Then came on July 15, 1980, this Manifestation signed by Solicitor General Estelito P. Mendoza.[11] It reads as follows: "1. Upon orders of the President, petitioner Ahmad Alonto, Jr. was temporarily released from detention at 11:00 in the morning on July 11, 1980 and entrusted to the custody of his brother, Albert Alonto; 2. With this development, the petition for habeas corpus seeking the release of petitioner from the custody of respondent has become academic."[12]
The prayer was for the petition being dismissed for being academic. There is justification for such a plea.
This is not the first occasion that a petition of this character has been rendered moot and academic after the person detained was released. Herrera v. Enrile[13] is the first of such decisions. Certainly, it reflects credit on the Executive that a plea for freedom is accorded the most serious consideration and that the policy pursued in case of doubt is one of according it deference. It may be understandable if under the circumstances obtaining in this case, the exercise of the right of peaceable assembly could have been susceptible to an interpretation that removed such gathering from the mantle of constitutional protection. Zeal in the performance of their function could thus explain if it did not fully justify the arrest of persons whose acts could have been equivocal in character and thus possibly violative of the Revised Penal Code provision on illegal assemblies. Considering, however, that the prosecuting arm of the government has been quite alert in the discharge of its responsibility, it is desirable that the civil process be resorted to. At any rate, it would not be redundant to reiterate that the response of the President, once his attention was called, is indeed gratifying. Thus the writ of habeas corpus has once again proven its worth.[14]
WHEREFORE, the petition is dismissed for being moot and academic.
Barredo, Makasiar, Aquino, Concepcion, Jr., Fernandez, Abad Santos, De Castro, and Melencio-Herrera, JJ., concur.
Teehankee, J., files a separate opinion.
Guerrero, J., on official leave.
[1] Petition, par. 5.
[2] Ibid., par. 6.
[3] Ibid., par. 7.
[4] Ibid., par. 10.
[5] Ibid., pars. 11-13.
[6] Respondents Return, par. 1.
[7] Ibid., par. 2.
[8] Ibid., pars. 3 and 4.
[9] Ibid., par. 5.
[10] Ibid., par. 6. Section 4 of General Order No. 60 dated January 24, 1977, reads as follows: "Persons arrested by virtue of an ASSO issued under this General Order shall be kept in detention until otherwise ordered released by me or the Secretary of National Defense who may delegate his authority to release the persons so arrested under such rules and regulations as he may prescribe."
[11] The Manifestation was likewise signed by Assistant Solicitor General Romeo C. de la Cruz and Solicitor Cecilio O. Estoesta.
[12] Ibid.
[13] L-40181, February 25, 1975, 62 SCRA 547.
[14] Cf. Cagaya v. Tangonan, L-40970, Aug. 21, 1975, 66 SCRA 216; Reyes v. Ramos, L-40017, Jan. 29, 1976, 69 SCRA 153; Kintanar v. Amor, L-42975, March 15, 1976, 70 SCRA 61; Malolos v. Ramos, L-46520, Aug. 16, 1977, 78 SCRA 238; Anas v. Enrile, L-44800, April 13, 1978, 82 SCRA 333.