477 Phil. 891
CORONA, J.:
That on 13 March 2002, in Pasay City, Philippines, and within the jurisdiction of this Honorable Court, said accused, conspiring and confederating, together and mutually helping one another, with intent to possess, did then and there, willfully, unlawfully and feloniously have in their possession, custody and control, incendiary devices capable of producing destructive effects on contiguous objects and/or causing injury or death to persons without the necessary license and authority to possess the same, viz. : two (2) pcs. oval shaped C-4 plastic explosives and five (5) pcs. detonating cords.The case was docketed as Criminal Case No. 02-0576.
CONTRARY TO LAW.[1]
The undersigned Special Prosecutor charges for deportation, AGUS DWIKARNA, ABDUL JAMAL BALFAS and TAMSIL LIN RUNG all Indonesian nationals for violation of Sec. 37 (a) (7) of the PIA of 1940, as amended, committed as follows:On March 25, 2002, the charge sheet was amended and petitioner and his co-accused were further charged with violation of section 37 (a) (8) of the same Act. The amended charge sheet read:
That herein respondents were arrested at the NAIA on 13 March 2002 at about 7:25 p.m. for violation of P.D. 1866 by joint elements of PNP, IG, NICA, BID, PAF-AISG in cooperation with ASG, PNP and under the supervision of TASK FORCE ‘SANGLAHI’.
That on or about 7:15 PM March 13, 2002 the trio, AGUS DWIKARNA, ABDUL JAMAL BALFAS and TAMSIL LIN RUNG entered the International Terminal 1, Pasay City, and submitted themselves for routine security check. However, during the course of the inspection by the IRASCO personnel, PNP-ASG, the pieces of luggage of the trio yielded components for making improvised explosive devices (IEDs) without necessary and legal authority to possess the said items.
That consequently the corresponding charge for violation of PD 1866 was filed before Pasay City prosecutor. Office and Inquest Prosecutor Bernabe Augustus C. Solis ordered their detention with the PNP Intelligence Group.[2]
The undersigned Special Prosecutor charges for deportation, AGUS DWIKARNA, ABDUL JAMAL BALFAS, TAMSIL LIN RUNG all Indonesian nationals for violation of Sec. 37 (a) (7) of the PIA of 1940, as amended, committed as follows:Meanwhile, petitioner and his co-accused were allowed to post bail for their provisional liberty, per the release order dated March 22, 2002, issued by the trial court in Criminal Case No. 02-0576. However, the order stated that the release was subject to the condition that “there exist(ed) no other legal cause to the effect that they remain confined under your custody.” Since petitioner and his co-accused were charged with violation of the Philippine Immigration Act of 1940, as amended, and were ordered detained by the Bureau of Immigration, their temporary release could not be effected.
That herein respondents were arrested at the NAIA on 13 March 2002 at about 7:25 p.m. for violation of P.D. 1866 by joint elements of PNP, IG, NICA, BID, PAF-AISG in coordination with ASG, PNP and under the supervision of TASK FORCE ‘SANGLAHI’.
That on or about 7:15 PM March 13, 2002 the trio AGUS DWIKARNA, ABDUL JAMAL BALFAS, TAMSIL LIN RUNG entered the International Terminal 1, Pasay City, and submitted themselves for routine security check. However, during the course of the inspection by the IRASO personnel, PNP-ASG, the pieces of luggage of the trio yielded components for making improvised explosive devices (IEDs) without necessary and legal authority to possess the said items;xxx xxx xxx
That they are likewise charged for violation of Sec. 37 (a) (8) of the Philippine Immigration Act of 1940, as amended, committed as follows:
Being members of the Islamic extremist movements particularly the Jema’ah Islamiah and Mejahidoon Indonesia, they are involved in riots in Indonesia and organized (sic), advocates, or teaches the assault of public official and destruction of public and private property and overthrow of organized government, thus they are undesirable aliens.[3]
Without passing on the legality of the arrest of petitioner DWIKARNA, but even assuming arguendo that his arrest was illegal, supervening events bar his subsequent release. x x x For DWIKARNA had already been charged by the BI for violation of the Philippine Immigration Act of 1940, as amended.On April 30, 2002, petitioner moved for the dismissal of the amended charge sheet in D.C. No. ADD No. 02-004. On May 8, 2002, he filed a motion for the early resolution of the case. Both motions are still pending resolution by the Board of Commissioners.Once a person detained is duly charged in court, he may no longer question his detention through a petition for issuance of a writ of habeas corpus. His remedy would be to quash the information and/or the warrant of arrest duly issued. The writ of habeas corpus should not be allowed after the party sought to be released had been charged before any court. The term ‘court’ includes quasi-judicial bodies like the Deportation Board of the Bureau of Immigration. (Rodriquez v. Bonifacio, 344 SCRA 524, 541 [2000], Underscoring supplied).[7]
WHEREFORE, accused AGUS DWIKARNA is hereby found GUILTY beyond reasonable doubt of the crime of violation of Section 3 of P.D. No. 1866, as amended by R.A. No. 8294.Petitioner moved for a reconsideration of the decision and the reopening of the case for new trial. Both motions were denied. Petitioner failed to appeal from said denials. His conviction became final and executory and was entered in the book of entries of judgment. Petitioner moved to reconsider the entry of judgment but his motion was denied. He appealed said denial directly to us. His appeal was dismissed outright for being the wrong mode of appeal. The trial court then directed the Director of the National Bilibid Prisons, Bureau of Corrections, to implement the decision in Criminal Case No. 02-0576 and ordered petitioner incarcerated at the National Bilibid Prisons.[9]
Accordingly, said accused is hereby sentenced to suffer an indeterminate penalty of TEN (10) YEARS and ONE (1) DAY of prision mayor, as minimum, to SEVENTEEN (17) YEARS and FOUR (4) MONTHS of reclusion temporal, and to pay a fine ofP50,000.00
The Branch Clerk of this court is hereby directed to immediately turn over to the Firearms and Explosives Division of the Philippine National Police all the explosives subject of this case for the latter to dispose of the same in accordance with law.
The cost of the suit is on the accused.
So ordered.[8]
Section 37. (a) The following aliens shall be arrested upon the warrant of the Commissioner of Immigration or of another officer designated by him for the purpose and deported upon the warrant of the Commissioner of Immigration after a determination by the Board of Commissioners of the existence of the ground for deportation as charged against the alien:The law is thus clear that a person convicted of a crime and ordered deported at the same time must first serve his sentence before he is deported. His imprisonment may, however, be waived by the Commissioner of Immigration. Without such waiver, he cannot be released from prison.xxx xxx xxx
(9) x x x Provided, That in the case of an alien who, for any reason, is convicted and sentenced to suffer both imprisonment and deportation, said alien shall first serve the entire period of his imprisonment before he is actually deported. Provided, That the imprisonment may be waived by the Commissioner of Immigration with the consent of the Department Head, and upon payment by the alien concerned of such amount as the Commissioner may fix and approved by the Department Head; x x x.[15] (emphasis supplied)