Thursday, October 11, 2012

JUSTICE MARTIN VILLARAMA, JR.: TRANSFER OF PERSON UNDER DETENTION: THE POWER TO ORDER THE RELEASE OR TRANSFER OF A PERSON UNDER DETENTION BY LEGAL PROCESS IS VESTED IN THE COURT, NOT IN THE PROVINCIAL GOVERNMENT, MUCH LESS THE GOVERNOR


TRANSFER OF PERSON UNDER DETENTION:  the power to order the release or transfer of a person under detention by legal process is vested in the court, not in the provincial government, much less the governor: Indubitably, the power to order the release or transfer of a person under detention by legal process is vested in the court, not in the provincial government, much less the governor (Ruperto A. Ambil, Jr. vs. Sandiganbayan and People of the Phils. G.R. No. 175457, July 6, 2011, VILLARAMA, JR., J.).

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