ManilaFIRST
DIVISION
IN THE MATTER OF
THE APPLICATION OF
JOHN W. CALLOWAY
FOR A WRIT OF HABEAS CORPUS.
G.
R.
No. 456
August
28, 1901
D E C I S I
O N
WILLARD, J:
No Judge of this Archipelago
has at present jurisdiction to issue the writ of habeas corpus unless
such
jurisdiction has been conferred upon him by some legislative act. The
only
law now in force which confers such jurisdiction is General Orders No.
58, amended by General Orders No. 70, which latter order expressly
denies
this Supreme Court and other courts in the Philippine Islands the right
to set at liberty any prisoner arrested in pursuance of military
orders.
Article 17 of "An Act Providing for the Organization of Courts in the
Philippine
Islands" reads as follows:
"The Supreme Court
shall have original jurisdiction to issue writs of mandamus,
certiorari,
prohibition, habeas corpus, and quo warranto in the cases and in the
manner
prescribed in the Code of Civil Procedure, and to hear and determine
the
controversies thus brought before it, and in other cases provided by
law."
The Code referred to in
this article is not as yet in force, and therefore cannot be applied to
this case. It would appear from the answer to the writ that the
petitioner
has been arrested by virtue of military orders, such statement not
having
been objected to by the counsel for the petitioner. Therefore this
court
has no power to order the discharge of the petitioner.
The fact that the
petitioner
has been arrested in compliance with military orders was not set forth
in the petition for the issuance of the said writ, and the court deemed
it its duty to issue same in first instance.
WHEREFORE, the writ
issued August 23, 1901, is hereby repealed.
Arellano, C.J.,
Torres, Cooper, Mapa and Ladd, JJ., concur. |
