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Tolentino vs. Catoy

CRESENCIO RUBEN TOLENTINO, petitioner-appellant, vs. CESARIO CATOY, Provincial Warden, Batangas, Batangas, respondent-appellee.

G.R. No. L-2503 | 1948-12-10

D E C I S I O N

TUASON, J:

This is an appeal from a decision denying an application for the writ of habeas corpus.
Petitioner was a Hukbalahap and was found by the Court of First Instance of Batangas guilty of the crime of illegal assembly held in furtherance of the Hukbalahap designs. The judgment was promulgated on May 11, 1948.

On June 21, the President issued Proclamation No. 76 granting amnesty under certain conditions to leaders and members of the Hukbalahap and the PKM organizations. On July 16, within the 20-day period for surrender imposed as a condition by the amnesty, the petitioner, already serving sentence, sent the...