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Dulaogon, Emiliano vs. Juan Ponce Enrile, et al.

EMILIANO DULAOGON, petitioner, vs. HONORABLE JUAN PONCE ENRILE, SECRETARY OF NATIONAL DEFENSE, LT. REX PIAD OF THE CRIMINAL INVESTIGATION SERVICE AND COL. CESAR G. VILLARIN, PROVINCIAL COMMANDER OF ILOILO, respondents.

G.R. No. L-45363 | 1984-06-19

D E C I S I O N


FERNANDO, C.J.:

The issue posed in this application for the writ of habeas corpus is the validity of the detention of petitioner under an arrest, search and seizure order for alleged complicity in the killing of a certain Adriano Antonio, after he was already investigated by the Provincial Fiscal of Iloilo, without being thereafter included in the information filed in such case. This Court issued the writ and required a return to the petition. In such return, there was an admission of the investigation conducted, but there was an allegation that the subsequent non-inclusion in the information did not bar the issuance of...