G.R. No.

L-49 November 12, 1945

WILLIAM F. PERALTA, petitioner,

vs.
THE DIRECTOR OF PRISONS, respondent.

William F. Peralta in his own behalf.

Office of the Solicitor General Tañada for respondent.
City Fiscal Mabanag as amicus curiae.

FERIA, J.:

FACTS:

William Peralta was prosecuted for the crime of robbery and was sentenced to life
imprisonment as defined and penalized by Act No. 65 of the National Assembly of the
Republic of the Philippines.

The petition for habeas corpus is based on the contention that the Court of Special and
Exclusive Criminal Jurisdiction created by Ordinance No. 7 was a political instrumentality
of the military forces of Japan and which is repugnant to the aims of the Commonwealth of
the Philippines for it does not afford fair trial and impairs the constitutional rights of the
accused.

ISSUE/HELD:

- WoN the creation of court by Ordinance No. 7 valid?

a.) YES. There is no room for doubt to the validity of Ordinance No. 7 since the
criminal jurisdiction established by the invader is drawn entirely from the law
martial as defined in the usages of nations. It is merely a governmental agency.

- WoN the sentence of life imprisonment valid?

a.) YES. The sentence rendered, likewise, is good and valid since it was within the
power and competence of the belligerent occupant to promulgate Act No. 65.

- WoN the punitive sentence ceased to be valid from the time of the
restoration of Commonwealth, by virtue of the principle of posliminium?

a.) YES. All judgments of political complexion of the courts during Japanese regime
ceased to be valid upon reoccupation of the Islands, as such, the sentence which
convicted the petitioner of a crime of a political complexion must be considered as
having ceased to be valid.