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Feria

The petitioner was convicted of robbery with homicide 12 years prior. When being transferred, it was discovered that the entire case records, including the judgment, were missing. The petitioner filed a habeas corpus petition arguing his continued detention without a valid judgment was illegal. Both the trial court and appellate court dismissed, finding the lost records did not invalidate the judgment and the remedy was record reconstitution. The Supreme Court upheld this, stating the loss of records after conviction does not void the judgment or warrant release via habeas corpus. The remedy is reconstituting the judicial records, which is a duty of both prosecution and defense.

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Cristina Bermudez Alas-as
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267 views1 page

Feria

The petitioner was convicted of robbery with homicide 12 years prior. When being transferred, it was discovered that the entire case records, including the judgment, were missing. The petitioner filed a habeas corpus petition arguing his continued detention without a valid judgment was illegal. Both the trial court and appellate court dismissed, finding the lost records did not invalidate the judgment and the remedy was record reconstitution. The Supreme Court upheld this, stating the loss of records after conviction does not void the judgment or warrant release via habeas corpus. The remedy is reconstituting the judicial records, which is a duty of both prosecution and defense.

Uploaded by

Cristina Bermudez Alas-as
Copyright
© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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Download as docx, pdf, or txt
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GR No.

122954, February 15, 2000


Feria vs CA
Facts: Petitioner has been under detention by reason of his conviction of the crime Robbery with
Homicide. Twelve years later when he is sought to be transferred from the Manila City Jail to the
Bureau of Corrections in Muntinlupa City. It was then discovered that the entire records of the case,
including the copy of the judgment were missing. Due to this the petitioner filed a petition for the
issuance of writ of habeas corpus praying for his discharge from confinement on the ground that his
continued detention without any valid judgment is illegal and violative of his constitutional right to due
process. The Regional Trial Court of Manila dismissed the case on the ground that the mere loss of the
records of the case does not invalidate the judgment or commitment nor authorize the release of the
petitioner, and that the proper remedy would be reconstitution of the records of the case which should
be filed with the court which rendered the decision. The Court of Appeals affirmed the decision of the
trial court.
In its comment the Office of the Solicitor General contends that the sole inquiry in thgis habeas corpus
proceeding is whether or not there is legal basis to detain petitioner. The OSG maintains that public
respondents have more than sufficiently shown the existence of a legal ground for petitioners
continued incarceration.
Issue;
Whether or Not there is legal basis to detain petitioner after the destruction or loss of his
criminal records.
Held: The mere loss or destruction of the records of a criminal case subsequent to conviction of the
accused will noty render the judgment of conviction void nor will it warrant the release of the convict
by virtue of a writ of habeas corpus. The proper remedy is the reconstitution of judicial records which is
as much a duty of the prosecution as of the defense.
The high prerogative writ of habeas corpus whose origin is traced to antiquity was devised and exists
as a speedy and effectual remedy to relieve persons from unlawful restraint and as the best and only
sufficient defense of personal freedom. It secures to a prisoner the right to have the cause of his
detention examined and determined by a court of justice, and to have the issue ascertained as to
whether he is held under lawful authority. [14] Consequently, the writ may also be availed of where, as a
consequence of a judicial proceeding, (a) there has been a deprivation of a constitutional right
resulting in the restraint of a person, (b) the court had no jurisdiction to impose the sentence, or (c) an
excessive penalty has been imposed, as such sentence is void as to such excess.

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