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Canary vs. DP

PRISONER ROMEO CANARY, petitioner, vs. DIRECTOR OF PRISONS, respondent.

Undocketed Nos. 507-508 | 1970-11-26

R E S O L U T I O N 


FERNANDO, J: 

Petitioner invokes the protection of the constitutional provision on double jeopardy 1 in this habeas corpus proceeding filed with this Court on October 26, 1970. He alleged that he is under confinement in the New Bilibid Prisons, Muntinlupa, Rizal, by virtue of judgments in two criminal cases 2 arising from the single crime of evasion of a service of sentence, he, having escaped from Muntinlupa, Rizal on July 6, 1963, while legally serving his time for a previous offense. It is his contention that in connection with the aforesaid escape on July 6, 1963, which gave rise to one offense, two courts...