Moncupa vs. Enrile , No.

L-63345, January 30, 1986

Posted by Pius Morados on April 29, 2012

(Special Proceedings – Temporary release with involuntary restraints does not render the petition for
writ of habeas corpus moot and academic)

Facts: Petitioners were arrested and detained on the allegation that they were members of a subversive
organization. Petitioners filed a petition for a writ of habeas corpus.

Respondents filed a motion to dismiss after the petitioner was temporarily released from detention on
the ground that the petition for habeas corpus may be deemed moot and academic since the petitioner
is free and no longer under the respondent’s custody.

Petitioner argues that his temporary release did not render the instant petition moot and academic
because of the restrictions imposed by the respondents which constitute an involuntary and illegal
restraint on his freedom.

Issue: WON a petition for a writ of habeas corpus becomes moot and academic in view of the detained
person’s release with restrictions.

Held: No. Restraints attached to temporary release of a detained person warrant the Supreme Court’s
inquiry into the nature of the involuntary restraint and relieving him of such restraints as may be illegal.

Reservation of the military in the form of restrictions attached to the detainee’s temporary release
constitutes restraints on the liberty of the detainee. It is not physical restraint alone which is inquired
into by the writ of habeas corpus.

Temporary release of detainee from detention with involuntary restraints does not render the petition
for writ of habeas corpus moot and academic. It is available where a person continue to be unlawfully
denied of one or more of his constitutional freedoms, where there is denial of due process, where the
restraints are not merely involuntary but are necessary, and where a deprivation of freedom originally
valid has later become arbitrary.