Republic of the Philippines

SUPREME COURT
Manila

John Miguel Callejo,

Plaintiff-Appellant,​
G.R. No. 1234567
For: Petition for
Writ of Habeas Corpus
- versus -

Cssupt. Gerardo F. Padilla,

Defendant-Appellee​,
x-----------------x

PETITION

COMES NOW the Petitioner, by the undersigned attorney, and unto this
Honorable Court, respectfully avers:
1. That petitioner ​John Miguel Callejo is of legal age, married and a
resident of ​Muntinlupa City, Metro Manila, Philippines, while
respondent is also of legal age and may be served with summons,
writs and all orders of the Honorable Court at his office address at
New Bilibid Prison, Muntinlupa City, Metro Manila​,
Philippines;
2. That the petitioner, ​John Miguel Callejo​, in whose behalf this
application is being made, is actually restrained of his liberty by
the respondent ​Cssupt. Gerardo F. Padilla who is the
Superintendent at New Bilibid Prison;
3. That petitioner​, ​while having been convicted with finality for
alarm and scandal and sentenced to 2 years in prison by the
Regional Trial Court of Muntinlupa, Branch 123 on January
30, 2016;
4. ​That although the crime for alarm and scandal under Art. 155
of the Revised Penal Code is only punishable by ​arresto menor
which should only be for 1 day to 30 days under the
Indeterminate Sentence Law;
5. That the petitioner, ​John Miguel Callejo​, ​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;
6. That such restraint of liberty of the petitioner by the respondent is
therefore without any legal authority;
 7. That the petitioner through counsel has exhausted all efforts
available at law but to no avail, and that he has no other plain,
speedy, and adequate remedy to protect his personal rights and
secure his personal liberty except by his application for a Writ of
Habeas Corpus.

PRAYER
WHEREFORE​, petitioner most respectfully prays that a Writ of Habeas
Corpus be issued by this Honorable Court, directed to the respondent
Padilla ​commanding the latter to produce the body of ​Callejo before this
Court at the time and place therein specified, and to summon the respondent
Padilla then and there to appear and to show cause of the detention of said
Callejo​; and that after due proceedings, the said ​Callejo be restored of his
liberty and forthwith discharged from confinement.

Muntinlupa City, Philippines, March 12, 2019.

MORDEN. STO. DOMINGO. TELLANO. VERGARA LAW OFFICE

Counsel for the Petitioner
Unit 118 Juan De La Cruz Building
9​th​ Avenue, Muntinlupa 1781
Telephone. No. (02) 118-2018

By: James Amiel O. Vergara

Role of Attorneys No. 8110
IBP. No. 143331/ 1. 15.15/ Muntinlupa City
PTR. No. 1234567/ 1.16.15/ Muntinlupa City

VERIFICATION AND CERTIFICATION

Republic of the Philippines )

City of Muntinlupa )
x-----------------------x

I, ​John Miguel Callejo​, of legal age, Filipino, single, and a resident of

Muntinlupa City, Philippines, after being sworn in accordance with law,
hereby depose and say:

That I am the Petitioner in the above-entitled case; That I have caused the
preparation of the above Petition and I have read the same and knows the
contents thereof; That the allegations contained therein are true and correct
of my own personal knowledge.
That I further certify that: (a) I have not theretofore commenced any other
action or proceeding or filed any claim involving the same issues or matter
in any court, tribunal, or quasi-judicial agency and, to the best of my
knowledge, no such action or proceeding is pending therein; (c) if I should
thereafter learn that the same or similar action or proceeding has been filed
or is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or quasi-judicial agency, I undertake to report such fact within five
(5) days therefrom to the court or agency wherein the original pleading and
sworn certification contemplated herein have been filed.

IN WITNESS WHEREOF​, I have hereunto set my hand this thirteenth of

March, 2019 at Muntinlupa City, Philippines.

John Miguel Callejo

AFFIANT

SUBSCRIBED AND SWORN to before me, this _____________, by

_____________ who exhibited to me (his/her) Community Tax Certificate
No. _____________ issued at _____________, Philippines on
_____________.

Notary Public

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of ______;