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    Case Digest Habeas Corpus of Azucena L

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    Madel Malone-Cervantes
    Garcia was convicted of three counts of falsifying public documents. She appealed her conviction up to the Supreme Court, which affirmed the judgment. In this petition, Garcia argues the judgment is void because her constitutional rights were violated. The court held that habeas corpus is not available because Garcia is not being detained, as she was convicted and the judgment is final and executory. Habeas corpus only applies when a person is being unlawfully detained, which is not the case here since Garcia is not in custody after being convicted through valid legal proceedings.

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    Case Digest Habeas Corpus of Azucena L

    Uploaded by

    Madel Malone-Cervantes
    121 views1 page
    Garcia was convicted of three counts of falsifying public documents. She appealed her conviction up to the Supreme Court, which affirmed the judgment. In this petition, Garcia argues the judgment is void because her constitutional rights were violated. The court held that habeas corpus is not available because Garcia is not being detained, as she was convicted and the judgment is final and executory. Habeas corpus only applies when a person is being unlawfully detained, which is not the case here since Garcia is not in custody after being convicted through valid legal proceedings.

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    Garcia was convicted of three counts of falsifying public documents. She appealed her conviction up to the Supreme Court, which affirmed the judgment. In this petition, Garcia argues the judgment is void because her constitutional rights were violated. The court held that habeas corpus is not available because Garcia is not being detained, as she was convicted and the judgment is final and executory. Habeas corpus only applies when a person is being unlawfully detained, which is not the case here since Garcia is not in custody after being convicted through valid legal proceedings.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    121 views1 page

    Case Digest Habeas Corpus of Azucena L

    Uploaded by

    Madel Malone-Cervantes
    Garcia was convicted of three counts of falsifying public documents. She appealed her conviction up to the Supreme Court, which affirmed the judgment. In this petition, Garcia argues the judgment is void because her constitutional rights were violated. The court held that habeas corpus is not available because Garcia is not being detained, as she was convicted and the judgment is final and executory. Habeas corpus only applies when a person is being unlawfully detained, which is not the case here since Garcia is not in custody after being convicted through valid legal proceedings.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    In Re: Azucena L. Garcia G.R. No.

    141443, August 30, 2000


    Facts: Garcia was charged with three counts of falsification of public documents in three separate
    criminal informations, the first being for falsification of technical description of land and other two
    being for falsification of Declarations of Real Property.
    In its decision, the trial court found Garcia guilty. On appeal, CA and SC affirmed Garcias conviction
    and entry of judgment was made.
    In the instant petition, Garcia questions the validity of the judgment rendered in the criminal case.
    She contends that where the proceedings were attended by violations of the constitutional rights of
    the accused, the judgment of conviction is void thereby warranting relief by the extraordinary legal
    remedy of habeas corpus.
    Issue: WON the writ of habeas corpus can be availed of.
    Held: No. The high prerogative writ of habeas corpus was devised and exists as a speedy and
    effectual remedy to relieve persons from unlawful restraint. Its object is to inquire into the legality of
    ones detention, and if found illegal, to order the release of the detainee.
    However, it is equally well-settled that the writ will not issue where the person in whose behalf the
    writ is sought is out on bail, or is in the custody of an officer under process issued by a court or judge
    or by virtue of a judgment or order of a court of record, and that the court or judge had jurisdiction to
    issued the process, render the judgment, or make the order.
    In the case at bar, therefore, Garcia can no longer seek relief via a petition for habeas corpus having
    been convicted by final judgment of the crime of falsification of public document and use thereof.
    Said judgment is already final and executory.

    Madel Malone-Cervantes

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