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De Gracia vs. The Warden, Municipal Jail

IN THE MATTER OF THE PRODUCTION OF THE BODY OF MANUEL DE GRACIA ON A WRIT OF HABEAS CORPUS. MANUEL DE GRACIA, petitioner, vs. THE WARDEN, MUNICIPAL JAIL, Makati, Rizal; THE PROVINCIAL WARDEN, PROVINCIAL JAIL, Pasig, Rizal; HON. REYNALDO P. HONRADO, Judge

G.R. No. L-42032 | 1976-01-09

R E S O L U T I O N
 
FERNANDO, J:

It is settled law that habeas corpus is the appropriate remedy for release from confinement of a person who has served his sentence. 1 It is on such a doctrine that reliance is placed by petitioner Manuel de Gracia in this application for the issuance of such a writ. It is undisputed that while the information against petitioner charged him with the commission of frustrated homicide to which he pleaded not guilty, it was later amended to one of serious physical injuries. It is to such lesser offense that on September 10, 1975, he entered a plea of guilty. On the very same day, respondent Judge Reynaldo...