4/16/2021
E-Library - Information At Your Fingertips: Printer Friendly
Section 3, Rule 41 of the 1997 Rules, which provides:
`SEC. 3. Period of ordinary appeal. -- The appeal shall be taken
within fifteen (15) days from notice of the judgment or final order
appealed from. Where a record on appeal is required, the
appellant shall file a notice of appeal and a record on appeal
within thirty (30) days from notice of the judgment or final order.
`The period of appeal shall be interrupted by a timely motion for
new trial or reconsideration. No motion for extension of time to
file a motion for new trial or reconsideration shall be allowed.'
In this light, the appeal was seasonably filed within the 15-day reglementary
period.
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We agree with respondents. In referring to the trial court's `judgment,'
respondents were clearly appealing the January 7, 1999 Decision. Had they
thought otherwise, they would have referred to the `Order.' Indeed,
`judgment' is normally synonymous with `decision.'
Furthermore, the wrong date of the appealed judgment may be attributed
merely to inadvertence. Such error should not, by itself, deprive respondents
of their right to appeal. x x x."
Main Issue:
Propriety of the Writ of Habeas Corpus
Habeas corpus is a writ directed to a person detaining another, commanding the former
to produce the body of the latter at a designated time and place.[14] Section 1, Rule
102 of the Rules of Court provides that "the writ of habeas corpus shall extend to all
cases of illegal confinement or detention by which any person is deprived of his liberty,
or by which the rightful custody of any person is withheld from the person entitled
thereto." The objective of the writ is to determine whether the confinement or
detention is valid or lawful.[15] If it is, the writ cannot be issued.
In the present case, petitioner's confinement is in accord with Section 37 (a) of the
Philippine Immigration Act of 1940, as amended, which reads as follows:
"Section 37. (a) The following aliens shall be arrested upon the warrant of
the Commissioner of Immigration or of another officer designated by him for
the purpose and deported upon the warrant of the Commissioner of
Immigration after a determination by the Board of Commissioners of the
existence of the ground for deportation as charged against the alien:
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https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/51129
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