N BANC

G.R. No. L-63345 January 30, 1986EFREN C. MONCUPA,

vs.
JUAN PONCE ENR LE, FA! AN C. "ER, GAL LEO # N$ANAR, FERNAN%O GORO&PE,
AN% JO&E CA&$RO
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 thepetition for habeas corpus may be deemed moot and academic since the
petitioner is free and no longer under therespondent s custody.Petitioner argues that his
temporary release did not render the instant petition moot and academic because attached
tothe petitioner!s temporary release are restrictions imposed on him. "hese are#$% &is freedom
of movement is curtailed by the condition that petitioner gets the approval of respondents for
any traveloutside 'etro 'anila.(% &is liberty of abode is restricted because prior approval of
respondents is also re)uired in case petitioner wants tochange his place of residence.*% &is
freedom of speech is muffled by the prohibition that he should not +participate in any interview
conducted by anylocal or foreign mass media representatives nor give any press release
or information that is inimical to the interest ofnational security.+,% &e is re)uired to report regularly
to respondents or their representatives."hese restrictions imposed by the respondents constitute
an involuntary and illegal restraint on his freedom."he petitioner stresses that his temporary
release did not render the instant petitioner moot and academic but that +itmerely shifted the
in)uiry from the legality of his actual detention to the legality of the conditions imposed by
therespondents.+

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

Held: Restraints attached to temporary release of a detained person warrant the /upreme
Court s in)uiry into thenature 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 onthe liberty of the detainee. 0t is not physical restraint
alone which is in)uired into by the writ of habeas corpus."emporary release of detainee from
detention with involuntary restraints does not render the petition for writ of habeascorpus moot
and academic. 0t is available where a person continue to be unlawfully denied of one or more of
hisconstitutional freedoms1 where there is denial of due process1 where the restraints are not
merely involuntary but arenecessary1 and where a deprivation of freedom originally valid has
later become arbitrary. "he person concerned or thoseapplying in his behalf may still avail
themselves of the privilege of the wri