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issue and enforce this writ from the statute. Statutes were not
792 PHILIPPINE REPORTS ANNOTATED
passed to give the right, but to compel the observance of rights
Villavicencio vs. Lukban. which existed. * * *
"The important f act to be observed in regard to the mode of
State a minor child under guardianship in the State, who procedure upon this writ is, that it is directed to and served upon,
has been and continues to be detained in another State. not the person confined, but his jailor. It does not reach the
The membership of the Michigan Supreme Court at this former except through the latter. The officer or person who serves
time was notable. It was composed of Martin, chief justice, it does not unbar the prison doors, and set the prisoner free, but
and Cooley, Campbell, and Christiancy, justices. On the the court relieves him by compelling the oppressor to release his
question presented the court was equally divided. constraint The whole force of the writ is spent upon the
Campbell, J,, with whom concurred Martin, C. J., held that respondent, and if he fails to obey it, the means to be resorted to
the writ should be quashed. Cooley, J., one of the most for the purposes of compulsion are fine and imprisonment. This is
distinguished American judges and law-writers, with whom the ordinary mode of affording relief, and if any other means are
concurred Christiancy, J., held that the writ should issue. resorted to, they are only auxiliary to those which are usual. The
Since the opinion of Justice Campbell was predicated to a place of confinement is, therefore, not important to the relief, if the
large extent on his conception of the English decisions, and guilty party is within reach of process, so that by the power of the
since, as will hereafter appear, the English courts have court he can be compelled to release his grasp. The difficulty of
taken a contrary view, only the f ollowing eloquent affording redress is not increased by the confinement being
passages from the opinion of Justice Cooley are quoted: beyond the limits of the state, except as greater distance may
affect it. The important question is, where is the power of control
"I have not yet seen sufficient reason to doubt the power of this exercised? And I am aware of no other remedy." (In the matter of
court to issue the present writ on .the petition which was laid Jackson [1867], 15 Mich., 416.)
before us. * * *
"It would be strange indeed if, at this late day, after the The opinion of Judge Cooley has since been accepted as
eulogiums of six centuries and a half have been expended upon authoritative by other courts. (Rivers vs. Mitchell [1881],
the Magna Charta, and rivers of blood shed for its establishment; 57 Iowa, 193; Breene vs, People [1911], Colo., 117 Pac.
after its many confirmations, until Coke could declare in his Rep., 1000; Ex parte Young [1892], 50 Fed., 526.)
speech on the petition of right that 'Magna Charta was such a The English courts have given careful consideration to
fellow that he will have no sovereign,' and after the extension of the subject. Thus, a child had been taken out of England by
its benefits and securities by the petition of right, bill of rights the respondent. A writ of habeas corpus was issued by the
and habeas corpus acts, it should now be discovered that evasion Queen's Bench Division upon the application of the mother
of that great clause for the protection of personal liberty, which is; and her husband directing the defendant to produce the
the life and soul of the whole instrument, is so easy as is claimed child. The judge at chambers gave defendant until a certain
here. If it is so, it is important that it be determined without date to produce the child, but he did not do so. His return
delay, that the legislature may apply the proper remedy, as I can stated that the child before the issuance of the writ had
not doubt they would, on the subject being brought to their notice. been handed over by him to another; that it was no longer
*** in his custody or control, and that it was impossible
"The second proposition—that the statutory provisions are
794
confined to the case of imprisonment within the state—seems to
me to be based upon a misconception as to the source of our
jurisdiction. It was never the case in England that the court of 794 PHILIPPINE REPORTS ANNOTATED
king's bench derived its jurisdiction to
Villavicencio vs. Lukban.
793
for him to obey the writ. He was found in contempt of court.
On appeal, the court, through Lord Esher, M. R., said:
VOL. 39, MARCH 25, 1919. 793
"A writ of habeas corpus was ordered to issue, and was issued on the production of two of the negroes, for one of the negroes
January 22. That writ commanded the defendant to have the body had run away and been lodged in jail in Maryland. Davis
of the child before a judge in chambers at the Royal Courts of produced the two negroes on the last day of the term.
Justice immediately after the receipt of the writ, together with (United States vs. Davis [1839], 5 Cranch C. C., 622, Fed.
the cause of her being taken and detained. That is a command to Cas. No. 14926. See also Robb vs. Connolly [1883], 111 U.
bring the child before the judge and must be obeyed, unless some S., 624; Church on Habeas Corpus, 2nd ed., p. 170.)
lawful reason can be shown to excuse the nonproduction of the We find, therefore, both on reason and authority, that no
child. If it could be shown that by reason of his having lawfully one of the defenses offered by the respondents constituted a
parted with the possession of the child before the issuing of the legitimate bar to the granting of the writ of habeas corpus.
writ, the defendant had no longer power to produce the child, that There remains to be considered whether the respondents
might be an answer; but in the absence of any lawful reason he is complied with the two orders of the Supreme Court
bound to produce the child, and, if he does not, he is in contempt of awarding the writ of habeas corpus, 'and if it be found that
the Court for not obeying the writ without lawful excuse. Many they did not, whether the contempt should be punished or
efforts have been made in argument to shift the question of be taken as purged.
contempt to some anterior period f or the purpose of showing that The first order, it will be recalled, directed Justo
what was done at some time prior to the writ cannot be 'a Lukban, Anton Hohmann, Francisco Sales, and Feliciano
contempt. But the question is not as to what was done bef ore the Yñigo to present the persons named in the writ bef ore the
issue of the writ. The question is whether there has been a court on December 2,1918. The order was dated November
contempt in disobeying the writ after it was issued by not 4, 1918. The respondents were thus given ample time,
producing the child in obedience to its commands." (The Queen vs. practically one month, to comply with the writ. As far as
Barnardo [1889], 23 Q. B. D., 305. See also to the same effect the the record discloses, the Mayor of the city of Manila waited
Irish case of In re Matthews, 12 Ir. Com. Law Rep. [N. S.], 233; until the 21st of November before sending a telegram to the
The Queen vs. Barnardo, Gossage's Case [1890], 24 Q. B. D., 283.) provincial governor of Davao. According to the response of
the attorney for the Bureau of Labor to the telegram of his
A decision coming from the Federal Courts is also of chief, there were then in Davao women who desired to
interest. A habeas corpus was directed to 'the defendant to return to Manila, but who should not be permitted to do so
have before the circuit court of the District of Columbia because of having contracted debts. The half-hearted effort
three colored persons, with the cause of their detention. natur-
Davis, in his return to the writ, stated on oath that he had
purchased the negroes as slaves in the city of Washington; 796
that, as he believed, they were removed beyond the District
of Columbia before the service of the writ of habeas corpus,
796 PHILIPPINE REPORTS ANNOTATED
795 Villavicencio vs. Lukban.
VOL. 39, MARCH 25, 1919. 795 ally resulted in none of the parties in question being
brought bef ore the court on the day named.
Villavicencio vs. Lukban.
For the respondents to have fulfilled the court's order,
three optional courses were open: (1) They could have
and that they were then beyond his control and out of his produced the bodies of the persons according to the
custody. The evidence tended to show that Davis had command of the writ; or (2) they could have shown by
removed the negroes because he suspected they would affidavit that on account of sickness or infirmity those
apply for a writ of habeas corpus. The court held the return persons could not safely be brought before the court; or (3)
to be evasive and insufficient, and that Davis was bound to they could have presented affidavits to show ,that the
produce the negroes, and Davis being present in court, and parties in question or their attorney waived the right to be
refusing to produce them, ordered that he be committed to present. (Code of Criminal Procedure, sec. 87.) They did not
the custody of the marshall until he should produce the produce the bodies of the persons in whose behalf the writ
negroes, or be otherwise discharged in due course of law. was granted; they did not show impossibility of
The court afterwards ordered that Davis be released upon performance; and they did not present writings that waived
the right to be present by those interested. Instead a few municipal police joined in rounding up the women, and a
stereotyped affidavits purporting to show that the women steamer with free transportation to Manila was provided.
were contented with their life in Davao, some of which have While charges and counter-charges in such a bitterly
since been repudiated by the signers, were appended to the contested case are to be expected, and while a critical
return. That through ordinary diligence a considerable reading of the record might reveal a failure of literal
number of the women, at least sixty, could have been fulfillment with our mandate, we come to conclude that
brought back to Manila is demonstrated by the fact that there is a substantial compliance with it. Our finding to
during this time they were easily to be found in the this effect may be influenced somewhat by our sincere
municipality of Davao, and that about this number either desire to see this unhappy incident finally closed. If any
returned at their own expense or were produced at the wrong is now being perpetrated in Davao, it should receive
second hearing by the respondents. an executive investigation. If any particular individual is
The court, at the time the return to its first order was still restrained of her liberty, it can be made the object of
made, would have been warranted summarily in finding separate habeas corpus proceedings.
the respondents guilty of contempt of court, and in sending Since the writ has already been granted, and since we
them to jail until they obeyed the order. Their excuses for find a substantial compliance with it, nothing further in
the non-production of the persons were far from sufficient. this connection remains to be done.
The authorities cited herein pertaining to somewhat The attorney for the petitioners asks that we find in
similar facts all tend to indicate with what exactitude a contempt of court Justo Lukban, Mayor of the city of
habeas corpus writ must be fulfilled. For example, in Manila, Anton Hohmann, chief of police of the city of
Gossage's case, supra, the Magistrate in referring to an Manila, Jose Rodriguez, and Fernando Ordax, members of
earlier decision of the Court, said: "We thought that, having the police force of the city. of Manila, Modesto Joaquin, the
brought about that state of things by his own illegal act, he attorney for the Bureau of Labor, Feliciano Yñigo, an
must take the consequences; and we said that he was bound
798
to use every effort to get the child back; that he must do
much more than
798 PHILIPPINE REPORTS ANNOTATED
797
Villavicencio vs. Lukban.
808 PHILIPPINE REPORTS ANNOTATED conclusion that the said respondent has substantially
complied with the second order of this court, but on the
Villavicencio vs. Lukban.
other hand demonstrates that he has not complied with the
mandate of this court in its first and second orders; that
already returned to Manila, but notwithstanding the neither of the said orders has been complied with by the
efforts made to find them it was not possible to locate the respondent Justo Lukban, Mayor of the city of Manila, who
is, according to the majority decision, principally since true respect never comes in that way, it is apparent
responsible f or the contempt, to which conclusion I agree. nevertheless that the power to enforce decorum in the courts and
The conduct of the said respondent with respect to the obedience to their orders and just measures is so essentially a
second order confirms the contempt committed by non- part of the life of the courts that it would be difficult to conceive of
compliance with the first order and constitutes a new their usefulness or efficiency as existing without it. Therefore it
contempt because of non-compliance with the second, may be said generally that where due respect f or the courts as
because the production of only eight (8) of the one hundred ministers of the law is wanting, a necessity arises for the use of
and eighty-one (181) women who have been illegally compulsion, not, however, so much to excite individual respect as
detained by virtue of his order and transported to Davao to compel obedience or to remove an unlawful or unwarranted
against their will, committing the twenty-six (26) women interference with the administration of justice." /Ruling Case
who could not be found in Davao, demonstrates in my Law, vol. 6, p. 487.)
opinion that, notwithstanding the nature of the case which "The power to punish for contempt is as old as the law itself,
deals with the remedy of habeas corpus, presented by the and has been exercised from the earliest times. In England it has
petitioners and involving the question whether they should been exerted when the contempt consisted of scandalizing the
or not be granted their liberty, the respondent has not sovereign or his ministers, :the law-making power, or the courts.
given due attention to the same nor has he made any effort In the American states the power to punish for contempt, so far as
to comply with the second order. In other words, he has the executive department and the ministers of state are
disobeyed the said two orders; has despised the authority of concerned, and in some degree so f ar as the legislative
this court; has failed to give the respect due to justice; and department is concerned, is obsolete. but it has been almost
lastly, he has created and placed obstacles to the universally preserved so far as regards the judicial department.
administration of justice in the said habeas corpus The power which the courts have of vindicating their own
proceeding, thus preventing, because of his notorious authority is a necessary incident to every court of justice, whether
disobedience, the resolution of the said proceeding with the of record or not; and the authority for issuing attachments in a
promptness which the nature of the same required. proper case for contempts out of court, it has been declared,
stands upon the same immemorial usage as supports the whole
"Contempt of court has been defined as a despising of the fabric
authority, justice, or dignity of the court; and he is guilty of
contempt whose conduct is such as tends to bring the authority 811
and administration of the law into disrespect or disregard. * * *"
(Ruling Case Law, vol. 6, p. 488.)
VOL. 39, MARCH 25, 1919. 811
"It is a general principle that a disobedience of any valid order
of the court constitutes contempt, unless the defendant is unable Villavicencio vs. Lukban.
to comply therewith." (Ruling Case Law vol. 6, p. 502.)
of the common law. * * *" (Ruling Case Law, vol. 6, p. 489.)
810
The undisputed importance of the orders of this court
which have been disobeyed; the loss of the prestige of the
810 PHILIPPINE REPORTS ANNOTATED authority of the court which issued the said orders, which
Villavicencio vs. Lukban. loss might have been caused by noncompliance with the.
same orders on the part of the respondent Justo Lukban;
"It is contempt to employ a subterfuge to evade the judgment of the damages which might have been suffered by some of
the court, or to obstruct or attempt to obstruct the service of legal the women illegally detained, in view of the f act that they
process. If a person hinders or prevents the service of process by were not brought to Manila by the respondents to be
deceiving the officer or circumventing him by any means, the presented before the court and of the further fact that some
result is the same as though he had obstructed by some direct of them were obliged to come to this city at their own
means." (Ruling Case Law, vol. 6, p. 503.) expense while still others were brought to Manila by the
"While it may seem somewhat incongruous to speak, as the attorney for the petitioners, who paid out of his own pocket
courts often do, of enforcing respect for the law and for the means the transportation of the said women; and the delay which
it has provided in civilized communities for establishing justice, was necessarily incurred in the resolution of the petition
interposed by the said petitioners and which was due to the this decision may serve to bulwark the fortifications of an
fact that the said orders were not opportunely and duly orderly Government of laws and to protect individual
obeyed and complied with, are circumstances which should liberty from illegal encroachments.
be taken into account in imposing upon the respondent Writ granted.
Justo Lukban the penalty corresponding to the contempt
committed by him, a penalty which, according to section _____________
236 of the Code of Civil Procedure, should consist of a fine
not exceeding P1,000 or imprisonment not exceeding six
months, or both such fine and imprisonment. In the
imposition of the penalty, there should also be taken into
consideration the special circumstance that the contempt
was committed by a public authority, the mayor of the city
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of Manila, the first executive authority of the city, and
consequently, the person obliged to be the first in giving an
example of obedience and respect for the laws and the valid
and just orders of the duly constituted authorities as well
as for the orders emanating from the courts of justice, and
in giving help and aid to the said courts in order that
justice may be administered with promptness and
rectitude.
I believe, therefore, that instead of the fine of one
hundred pesos (P100), there should be imposed upon the
re-
812