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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 123 Muntinlupa
John Miguel Callejo,
Petitioner
G.R No. 1234567
-versus- For: Petition for Writ of
Habeas Corpus
Cssupt. Gerardo F. Padilla
(in his capacity as Jail Warden),
Respondent
X - - - - - - - - - - - - - - - - - - - - - - -X

COMMENT/OPPOSITION
(to the Writ of Habeas Corpus dated on 12 March 2019)

The Respondent, by and through the undersigned counsel, unto this

Honorable Court, most respectfully submits this Comment/Opposition to
the Writ of Habeas Corpus filed by the Petitioner, and in support thereof
most respectfully allege, to wit:

1. The Petition for the Writ of Habeas Corpus is arguably defective

on its face. The Petitioners contend that due to the crime in which
the Petitioner has committed, the sentence is arresto menor which
should only be 1 day to 30 days under the Indeterminate Sentence
Law and that the Petitioner is still being held and detained in
New Bilibid Prison despite the passage of 3 years since his
incarceration, as such he has been imprisoned for at least 1 year
longer than has been unjustly authorized by the Court.

2. It is in reality and upon the checking of the records, that the

Petitioner is a Quasi-Recidivist under Art. 160 of the Revised
Penal Code. Petitioner so conveniently left out, that on February
01, 2016, while the Petitioner is serving his sentence of arresto
menor which it was 1 day to 30 days under the Indeterminate
Sentence Law, the Petitioner did then and there willfully,
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unlawfully and feloniously, with intent to kill, qualified by

treachery and evident premeditation, attack, assault and use
personal violence upon the person of one ROI JAMES E.
GAMLAR, by then and there suddenly stabbing the latter in the
chest with a shiv, thereby inflicting upon said ROI JAMES E.
GAMLAR a mortal wound which was the direct and immediate
cause of his death thereafter.

3. The Petitioner was likewise charged with the crime of Murder

punishable under Article 248 of the Revised Penal Code, in
relation to Article 160 (Quasi-Recidivism) of the same Code. The
case was docketed as Criminal Case No. 123456. The copy of the
Information dated February 4, 2016 charging the Petitioner for
the said crime is herein attached. (See Annex A). The criminal
charge is read as follows:

“That on or about February 1, 2016, in the New Bilibid Prison,

Muntinlupa City, Metro Manila and within the jurisdiction of this Court, the
accused John Miguel Callejo, while then being convicts serving in the said
New Bilibid Prison their corresponding sentences of conviction by reason of
final judgment imposed upon them, armed with sharp-pointed instruments,
with treachery, evident premeditation and abuse of superior strength, and
with intent to kill, did then and there wilfully, unlawfully and feloniously
attack, assault and stab with said weapons ROI JAMES GAMAB, their co-
inmate in the said Prison, thereby inflicting upon him serious injuries which
caused his death; with the aggravating circumstance of (1) quasi-
recidivism.”

4. A lawful judgement was rendered by this Honorable Court on

April 1, 2016, convicting John Miguel Callejo for the crime of
Murder punishable under Article 248 of the Revised Penal Code
and appreciating the special aggravating circumstance of Quasi-
Recidivism under Article 160 of the same Code, the
corresponding penalty of which is reclusion perpetua in its
maximum period. The copy of the said lawful judgement is
herein attached. (See Annex B). The dispositive portion of said
lawful judgement is read as follows:
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"WHEREFORE, the Court finds the accused guilty beyond reasonable

doubt of the crime of murder, defined and penalized under Article 248 of
the Revised Penal Code, and the aggravating circumstances consisting of
any two of the qualifying circumstances alleged in the information which
are treachery, evident premeditation and abuse of superior strength for one
is sufficient to qualify the crime to murder and the special aggravating
circumstance of having committed the crime charged while serving the
penalty imposed upon them for previous offenses as regards the accused
and conformably with Article 160 of the Revised Penal Code, hereby
sentences all of them to RECLUSION PERPETUA in its maximum period,
and to indemnify the heirs of the deceased ROI JAMES E. GAMLAR in the
amount of Five Hundred Thousand Pesos (P500,000.00)."

5. Consequently, According to Rule 102 Sec. 4 of the Rules of Court;

If it appears that the person alleged to be restrained of his liberty is in the

custody of an officer under process issued by a court or judge or by virtue
of a judgment or order of a court of record, and that the court or judge had
jurisdiction to issue the process, render the judgment, or make the order, the
writ shall not be allowed; or if the jurisdiction appears after the writ is
allowed, the person shall not be discharged by reason of any informality or
defect in the process, judgment, or order. Nor shall anything in this rule be
held to authorize the discharge of a person charged with or convicted of
an offense in the Philippines, or of a person suffering imprisonment
under lawful judgment.

With this, The Honorable Court must be wary of the false claim
made by the Petitioner as it has been duly proven by final judgement that
the Petitioner has been convicted of Murder and is considered to be a
Quasi-Recidivist

6. The Petitioner is now serving his sentence of Reclusion Perpetua

in its Maximum Period according to Art. 248, in relation to Art.
160 of the RPC. With all the foregoing, the Petitioner’s detention
is under legal authority and the Writ of Habeas Corpus should
not prosper.
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PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this

Honorable Court to DENY THE WRIT OF HABEAS CORPUS dated on
12 March 2019 filed by the Petitioners for LACK OF MERIT.

Such other reliefs and remedies as are just and equitable under the
foregoing premises are equally prayed for.

Office of The Solicitor General

134, Amorsolo Street, Legaspi Village,
Makati City, 1229

Atty. Sam J. Andrews

Solicitor General
Counsel for the Defendant
Roll of Attorneys No. 128025
PTR No. 1234567, 01-01-2025, Makati City
IBP No. 123456, 01-01-2025, Manila City
MCLE Compliance No. VI – 1234567

Copy Furnished:
MORDEN. STO. DOMINGO. TELLANO. VERGARA LAW OFFICE
Counsel for the Petitioner
Unit 118 Juan De La Cruz Building
9th Avenue, Muntinlupa 1781
Telephone. No. (02) 118-2018
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 123 Muntinlupa
People of the Philippines,
Plaintiff.
Criminal Case No. 123456
-versus- For: Murder
John Miguel Callejo,
Defendant
x--------------------------------x
COMPLAINT

The undersigned Chief of Police of Muntinlupa, accuses Julio Jose of the

crime of Murder, committed as follows:

That on or about February 1, 2016, in the New Bilibid Prison, Muntinlupa

City, Metro Manila and within the jurisdiction of this Court, the accused
John Miguel Callejo, while then being convicts serving in the said New
Bilibid Prison their corresponding sentences of conviction by reason of
final judgment imposed upon them, armed with sharp-pointed
instruments, with treachery, evident premeditation and abuse of superior
strength, and with intent to kill, did then and there wilfully, unlawfully
and feloniously attack, assault and stab with said weapons ROI JAMES E.
GAMAB, their co-inmate in the said Prison, thereby inflicting upon him
serious injuries which caused his death; with the aggravating
circumstance of (1) quasi-recidivism..

Contrary to law.

Pssupt. Destomo A. Mantics

Chief of Police of Mutinlupa
SUBSCRIBED AND SWORN before me this 5th day of February 2016 in
the City of Muntinlupa.
________________________
JUDGE