G.R. No. L-42032 January 9, 1976 Republic of the Philippines

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THE WARDEN, MUNICIPAL JAIL, Makati, Rizal; THE PROVINCIAL WARDEN, PROVINCIAL JAIL, Pasig, Rizal; HON. REYNALDO P. HONRADO, Judge of the Court of First Instance of Rizal, Branch XXV, Pasig, Rizal; and MARCIANO P. STA. ANA, Assistant Provincial Fiscal, Pasig, Rizal, respondents.

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Republic of the PhilippinesSUPREME COURTManilaSECOND DIVISIONG.R. No. L-42032January 9, 1976IN THE MATTER OF THE PRODUCTION OF THE BODY OF MANUEL DE GRACIA ON A WRIT OF HABEAS CORPUS. MANUEL DE GRACIA, petitioner, vs.THE WARDEN, MUNICIPAL JAIL, Makati, Rizal; THE PROVINCIAL WARDEN, PROVINCIAL JAIL, Pasig, Rizal; HON. REYNALDO P. HONRADO, Judge of the Court of First Instance of Rizal, Branch XXV, Pasig, Rizal; and MARCIANO P. STA. ANA, Assistant Provincial Fiscal, Pasig, Rizal, respondents. FERNANDO, J.:It is settled law-that habeas corpus is the appropriate remedy for release from confinement of a person who has served his sentence. 1 It i s on such a doctrine that reliance is placed by petitioner Manuel de Gracia in this application for the issuance of such a writ. It is undisputed that while the information against petitioner charged him with the commission of frustrated homicide to which he pleaded not guilty, it was later amended to one of serious physical injuries. It is to such lesser offense that on September 10, 1971, he entered a plea of guilty. On the very same day, respondent Judge Reynaldo P. Honrado imposed upon him the penalty of four months and one day of arrests mayor without subsidiary imprisonment in case of insolvency. That period of confinement he had duly served by November 10, 1975, considering that he had been under detention since July 18, 1975. 2 This notwithstanding, the petition alleged that he was not set free, the reason being th

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