75 PHIL 749
Petitioner Aniceto Alcantara was convicted of the crime of illegal discharge of firearms with less serious physical injuries. The Court of Appeals modified the sentence to an indeterminate penalty from arresto mayor to prison correccional. Petitioner now questions the validity of the decision on the sole ground that said the court was only a creation of the so-called Republic of the Philippines during Japanese military occupation, thus, a petition for the issuance of a writ of habeas corpus from petitioner.
Is the judgment of Court of Appeals good and valid?
Judgments of such court were good and valid and remain good and valid for the sentence which petitioner is now serving has no political complexion. A penal sentence is said to be of a political complexion when it penalizes a new act not defined in the municipal laws, or acts already penalized by the latter as a crime against the legitimate government but taken out of territorial law and penalized as new offenses committed against the belligerent occupant which is necessary for the control of the occupied territory and the protection of the army of the occupier. Such is the case at hand, the petition for writ of habeas corpus is denied.