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Fortunato vs. The Dir. Of Prisons

FIDEL B. FORTUNATO, petitioner, vs. THE DIRECTOR OF PRISONS, respondent.

G.R. No. L-1782 | 1948-02-02

D E C I S I O N

PARAS, J:

This is a petition for the writ of habeas corpus in which the petitioner, a prisoner whose aggregate penalty is more than twenty years of imprisonment counted from October 8, 1941, seeks his immediate release.

The first ground is that the recommitment order issued by the Board of Indeterminate Sentence on October 4, 1941, directing the confinement of the petitioner for the unexpired portion of his maximum sentence in case No. 9587 of the Court of First Instance of Rizal (2 years, 4 months and 22 days), was illegal and otherwise premature, because (1) petitioner's one-day trip to Santa Rosa, Laguna, merely to...