Adonis v. Tesoro, G.R. No.

182855, June 5, 2013

FACTS:
Alexancer “Lex” Adonis was convicted of Libel. He started serving his sentence on February 20,
2007. While detained at the Davao Prisons and Penal Farm, another libel case was filed against Adonis
by Jeanette L. Leuterio. Adonis’ discharge on parole was released by the Board of Pardons and Parole
on December 11, 2007. City Parole and Probation Office of Davao received the document on May 2,
2008. This court issued the Administrative Circular No. 08-2008 or the Guidelines in the Observance of a
Rule of Preference in the Imposition of Penalties in Libel Cases on January 25, 2008. Adonis filed a
Motion to Reopen Case (with leave of court) under the RTC Branch 17, for his immediate release,
alteration of his sentence to payment in line with the newly released Circular. Adonis moved for his
provisional release from Criminal Case no. 48719-2001 (RTC Branch 14) and was granted by the
honourable court. He was also allowed to post bail (P5,000) on May 26, 2008. While filing his cash bond
and undertaking, the court also issued a release order, directing the Chief of Davao Penal Colony. The
order was served to him on the same date but Adonis was not released. Adonis filed a Writ of Habeas
Corpus on May 30, 2008 alleging that his freedom was stalled without any reason. Respondent filed his
Comment, and then Adonis filed on October 27, 2008 an Urgent Motion to Resolve, November 7, 2008 a
Manifestation and Motion restating all the prayers. The court then after, received a letter from the
respondent which stated that Adonis had been released after accommodating all the conditions in his
parole and was ordered to appear at his parole and probation officer. (February 11, 2009)

ISSUE:
Whether or not Adonis should be restrained despite order from the court of his Provisional
Release.

RULING:
Yes he should be restrained. The Writ of Habeas Corpus is a speedy remedy for those who are
illegally confined or imprisoned with insufficient legal basis but not applicable to those who are
imprisoned with sufficient basis and he/she is facing a judicial process. According to Section 4, Rule 102
of the Revised Penal Code The writ is not allowed if there is an informality of defect in the process and it
cannot be applied to those who are confined due to a conviction. Adonis was convicted for libel by the
RTC Branch 17, in Criminal Case No. 48679-2001. Although he was able to serve his minimum sentence,
his other case is a good enough basis for his disqualification of Parole. He was granted parole for the
forst case, but his second case was still pending. All the benefits from the newly released Administrative
Circular cannot be applied to Criminal Case no. 48719-2001because he was already serving his sentence
for this case. He was finally released on December 23, 2008 after accepting his parole conditions.