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SC SAYS
Writ of habeas corpus not for legal detainees

By Tetch Torres
INQUIRER.net
First Posted 17:44:00 07/24/2009

Filed Under: Crime, Prison

MANILA, Philippines—The Supreme Court has denied the issuance of a writ of habeas corpus filed by a convicted foreigner.

In its decision on Martin Gibbs Fletcher’s plea, the high court, through Associate Justice Renato Corona, said the writ is a relief for those who have been “illegally confined or imprisoned without sufficient cause.”

“The writ, however, should not be issued when the custody over the person is by virtue of a judicial process or a valid judgment,” the high court said.

Fletcher questioned before the high court his continued detention saying since he already served more than half of his sentence, he should have been released.

He was convicted of estafa and was sentenced to imprisonment of 12 to 17 yeas and four months with payment of actual damages.

Fletcher’s sentence was commuted by then President Fidel Ramos to nine to 12 years. He argued that since he has been in jail for 14 years, he should have been released.

But the high court said Fletcher is already disqualified from parole because he has another pending criminal case.



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