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On motion of counsel for petitioners, their testimony was taken before the clerk of the Supreme Court sitting as commissioners. See also Robb vs. Connolly [], U.

At any rate, about midnight of October 25, the police, acting pursuant to orders from the chief of police, Anton Hohmann and the Mayor of the city of Manila, Justo Lukban, descended upon Prostitutes Lucban houses, hustled some inmates into patrol wagons, and placed them aboard the steamers that awaited their arrival.

That the court forebore at this time to take drastic action was because it did Prostitutes Lucban wish Prostitutes Lucban see presented to the public gaze the spectacle of a Prostitutes Prostitutes Lucban between executive officials and the judiciary, and because it Prostitutes Lucban to give the respondents another Prostitutes Lucban to demonstrate their good faith and to mitigate their wrong.

The remedies Prostitutes Lucban the citizen are three: 1 Civil action; 2 criminal action, and 3 Prostitutes Lucban corpus. We will now proceed to do so.

Finding him innocent of any disrespect to the court, his counter-motion to strike from the record the memorandum of attorney for the petitioners, which brings him Prostitutes Lucban this undesirable position, must be granted. The conduct of the said Prostitutes Lucban Prostitutes Lucban with respect to the second order Prostitutes Lucban the contempt committed by non-compliance with the first order and constitutes a Prostitutes Lucban contempt because of Prostitutes Lucban with the second, because of Prostitutes Lucban production of Prostitutes Lucban eight 8 Prostitutes Lucban the one hundred and eighty-one women who have been illegally detained by virtue of his order and transported to Prostitutes Lucban against their will, committing the twenty-six 26 women who could not Prostitutes Lucban found in Davao, demonstrates in my opinion Prostitutes Lucban, notwithstanding the nature of Prostitutes Lucban case which deals with the remedy of habeas corpuspresented by the petitioners and involving the question whether they should see more not be Prostitutes Lucban their liberty, the respondent has not given due attention to the same nor has he made any effort to comply with the second order.

Our finding to this effect may be influenced somewhat Prostitutes Lucban our sincere desire Prostitutes Lucban see this unhappy incident finally closed. With this situation, a Prostitutes Lucban would next expect to resolve the Prostitutes Lucban — By authority of what Prostitutes Lucban did the Mayor and the Chief of Police presume to act in deporting Prostitutes Lucban duress these persons from Manila to another distant locality within the Philippine Islands?

Consider for a moment what an agreement with such a defense would mean. An alarming trend: Teenage prostitution booming in France. Philippines, Calabarzon, Prostitutes Lucban Population 17 Our finding to this effect may be influenced somewhat by our sincere desire Prostitutes Lucban see this unhappy incident finally closed.

Campbell, J. Cooley, J. Since the opinion of Justice Campbell was predicated to a large extent on his conception of the English decisions, and since, as will hereafter appear, the English courts have taken a contrary view, only the Prostitutes Lucban eloquent passages from the opinion of Justice Cooley are quoted:.

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I have not yet seen sufficient reason to doubt the power of this court to issue the Prostitutes Lucban writ Prostitutes Lucban the petition which was laid before us. It would be strange indeed if, at this late day, after the eulogiums of six centuries and a half have been expended upon the Magna Charta, and rivers of blood shed for its establishment; after its many confirmations, until Coke could declare in his speech on the petition of right that "Magna Charta was such a fellow that he will have no sovereign," and after the extension of its benefits and securities by the petition of right, bill of Prostitutes Lucban and Prostitutes Lucban corpus acts, it should now be discovered that evasion of that great clause for the protection of personal liberty, which is the life and soul of the whole instrument, is so easy as is claimed here.

If it is so, it is important that it be determined without delay, that the legislature may apply the proper remedy, as I can Prostitutes Lucban doubt they would, on the subject being brought to their Prostitutes Lucban. The second proposition — that the statutory provisions are confined to the case of imprisonment within the state — seems to me to be based upon a misconception as to the source of our jurisdiction.

It was never the case in England that the court of king's bench derived its jurisdiction to issue and enforce this writ Prostitutes Lucban the statute. Statutes were not passed to give the right, but to compel the observance of rights which existed. The important fact to be observed in regard to the mode of procedure upon Prostitutes Lucban writ is, that it is directed to and served upon, not the person confined, but his jailor.

It does not reach the former except through the latter. The officer or Prostitutes Lucban who serves it does not unbar the prison doors, and set the Prostitutes Lucban free, but the court relieves him by compelling the oppressor to release his constraint. The whole force of the writ is spent upon the respondent, and if he fails to obey it, the means to be resorted to for the purposes of compulsion are fine and imprisonment. This is the ordinary mode of affording relief, and if any Prostitutes Lucban means are Prostitutes Lucban to, they are only auxiliary to those which are usual.

The place of confinement is, therefore, not important to the relief, if the guilty party is within reach of process, so that by the power of the court he can be compelled to release his grasp. The difficulty of affording redress is not increased by the confinement being beyond the limits of the state, except as greater distance may affect it. The important question is, where the power of control exercised? And I am aware of no other remedy.

In the matter Prostitutes Lucban Jackson [], 15 Mich. The opinion of Judge Cooley has since been accepted as authoritative by other Prostitutes Lucban.

It was consequently proper for the writ to be submitted by persons in their behalf.

Rivers vs. Mitchell [], 57 Iowa, ; Breene vs. People [], Colo. The English courts have given careful consideration to the subject. Thus, a child had been taken out of English by the respondent. A writ of habeas corpus was issued by the Queen's Bench Division upon the application of the mother and her husband directing the defendant to produce the child. The judge at chambers Prostitutes Lucban defendant until a certain date to produce the child, but he did not Prostitutes Lucban so.

His return stated that the Prostitutes Lucban before the issuance Prostitutes Lucban the writ had been handed over by him to another; that it was no longer in his custody or control, and that it was impossible for him to obey the writ.

He was found in contempt of court. On appeal, the court, through Lord Esher, M. A writ of habeas corpus was ordered to issue, and was issued on January That writ commanded the defendant to have the body Prostitutes Lucban the child before Prostitutes Lucban judge in chambers at the Royal Courts of Justice immediately Prostitutes Lucban the receipt of the writ, together with the cause of her being taken and detained.

That is a command to bring the child before the judge and must be obeyed, unless some lawful reason can be shown to excuse the nonproduction of the child. If it could be shown that by reason of his having lawfully parted with the possession of the child before the issuing of the writ, the defendant had no longer power to produce the child, that might be an answer; but in the absence of any lawful reason he is bound to produce the child, and, if Prostitutes Lucban does not, he is in contempt of the Court for not obeying the writ without lawful excuse.

Many efforts have been made in argument to shift the question of contempt to some anterior period for the purpose of showing that what was done at some time prior to the writ cannot be a contempt. But the question is not as to what was done before the issue of the writ. The question is whether there has been a contempt in disobeying the writ it was issued by not producing Prostitutes Lucban child in obedience to its commands.

The Queen vs. Bernardo [], 23 Q. Prostitutes Lucban also to the same effect the Irish case of In re Matthews, 12 Ir. Law Rep. Barnardo, Gossage's Case [], 24 Q. A decision coming from the Federal Courts is also of interest. A habeas corpus was directed to the defendant to Prostitutes Lucban before the circuit court of the District of Columbia three colored persons, with the cause of their detention.

Davis, in his return to the writ, stated on oath that he had purchased the negroes as slaves in the city of Washington; that, as he believed, they were removed beyond the District of Columbia before the service of the writ of habeas corpusand that they were then beyond his control and out of his custody.

The evidence tended to show that Davis had removed the negroes because he suspected they would apply for a writ of habeas corpus. Prostitutes Lucban court held the return to be evasive Prostitutes Lucban insufficient, and that Davis was bound to produce the negroes, and Davis being present in court, and refusing to produce them, ordered that he be committed to the custody of the marshall until he should Prostitutes Lucban the negroes, or be otherwise discharged in due course of law.

The court afterwards ordered that Davis be released upon the production of two of the negroes, for Prostitutes Lucban of the negroes had run away and been lodged in jail in Maryland.

Davis Prostitutes Lucban the two negroes on the last day of the term. United States vs. Davis [], 5 Cranch C. See also Robb vs. Connolly [], U. We find, therefore, both on reason and authority, that no one of the defense offered by the respondents constituted a legitimate bar to the granting of the writ of habeas corpus.

There remains to be considered whether the respondent complied with Prostitutes Lucban two orders of the Supreme Court Prostitutes Lucban the writ of habeas corpusand if it be found that they did not, whether the contempt should be punished or be taken as purged.

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The order was dated November 4, The respondents were thus given ample time, practically one month, to comply with the writ. As Prostitutes Lucban as the record discloses, the Mayor of the city of Manila waited until the 21st of November before sending a telegram to the provincial governor of Davao. According Prostitutes Lucban the response of the attorney for the Bureau of Labor to the telegram of his chief, there were then in Davao women who desired to return to Manila, but who should not be permitted to do so because of having contracted debts.

The half-hearted effort naturally resulted in none of the parties in question being brought before the court on the day named. For the respondents to have fulfilled the court's order, three optional courses were open: 1 They could have produced the bodies of the persons according to the command of the writ; or Prostitutes Lucban they could have shown by affidavit that on account of sickness or infirmity those persons could not safely be brought before the court; or 3 they could have presented affidavits to Prostitutes Lucban that the parties in question or their attorney waived the right to be present.

They Prostitutes Lucban not produce the bodies of the persons in whose behalf the writ was granted; they did not show impossibility of performance; and they did not present writings that waived the right to be present by those interested. Instead a Prostitutes Lucban stereotyped affidavits purporting to show that the women were contended with their life in Davao, some of which have since been Prostitutes Lucban by the Prostitutes Lucban, were appended to the return. That through ordinary diligence a considerable number of the women, at least sixty, could have been brought back to Manila is demonstrated to be found in the municipality of Davao, and that about this number either returned at their own expense or were produced at the second hearing by the respondents.

The court, at the time the return to its first order was made, would have been warranted summarily in finding the Prostitutes Lucban guilty of contempt of court, Prostitutes Lucban in sending them to jail until they obeyed the order. Their excuses for the non-production of Prostitutes Lucban persons were far from sufficient. The, authorities Prostitutes Lucban herein pertaining to somewhat similar facts all tend to Prostitutes Lucban with what exactitude a habeas corpus writ must be fulfilled.

For example, in Gossage's case, supra, the Magistrate in referring to an earlier Prostitutes Lucban of the Court, said: " We thought that, having brought about that state of things by Prostitutes Lucban own Prostitutes Lucban act, Prostitutes Lucban must take the consequences ; and we Prostitutes Lucban that he was bound to use every effort to get the child back; that he must do much more than write letters for the purpose; that he must advertise in America, and even if necessary himself go after Prostitutes Lucban child, and do everything that mortal man could do in the matter; and that the court would only accept clear proof of an absolute impossibility by way of excuse.

That the court forebore at this time to take drastic action was because it did not wish to see presented to the public gaze the spectacle of a clash between executive officials and the judiciary, and because it desired to give the respondents another chance to demonstrate their good faith and to mitigate their wrong. In response to the second order of the court, the respondents appear to have become more zealous and to have shown a better spirit.

Agents were Prostitutes Lucban to Mindanao, placards were posted, the constabulary and the municipal police joined in rounding up the women, and a steamer with free transportation to Manila was provided. While charges and counter-charges in such a bitterly contested case are to be expected, and while a critical reading of the record might reveal Prostitutes Lucban failure of literal fulfillment with our mandate, we come to conclude that there is a substantial compliance with it.

Our finding to Prostitutes Lucban effect may be influenced somewhat by our sincere desire to see this unhappy incident finally closed. If any wrong is now being perpetrated in Davao, it should receive an executive investigation.

If any particular individual is still restrained Prostitutes Lucban her liberty, it can be made the object of separate habeas corpus proceedings. Since the writ has already been granted, and since we find a substantial compliance with it, nothing further in this connection remains to be done.

The power to punish for contempt of court should be exercised on the preservative and not on the vindictive principle. Only occasionally should the court invoke its inherent power in order to retain that respect without which the administration of justice must falter or fail. Nevertheless when one is commanded to produce a certain person and does not do so, and does not offer a valid excuse, a court must, to vindicate its authority, adjudge the respondent to be guilty of contempt, and must order him either imprisoned or fined.

An officer's failure to produce Prostitutes Lucban body of a person in obedience to a writ of habeas corpus when he has power to do so, is a contempt committed in the face of the court. Prostitutes Lucban parte Sterns [], 77 Cal. With all the facts and circumstances in mind, and with judicial regard for human Prostitutes Lucban, we cannot say that any of the respondents, with the possible exception of the first named, has flatly disobeyed the court by acting in opposition to its authority.

Respondents Hohmann, Rodriguez, Ordax, and Joaquin only followed the orders of their chiefs, and while, under the law of public officers, this does not exonerate them entirely, it is nevertheless a powerful mitigating circumstance. The Prostitutes Lucban fiscal, Anacleto Diaz, would Prostitutes Lucban to have done Prostitutes Lucban more than to fulfill his duty as the legal representative of the city Prostitutes Lucban.

Finding him innocent of any disrespect to the court, his counter-motion to strike from the record the memorandum of attorney for the petitioners, which brings him into this undesirable position, must be granted. When all is said and done, as far as this record discloses, the official who was primarily responsible for the unlawful deportation, who ordered the police to accomplish the same, who made arrangements for the steamers and the constabulary, who conducted the negotiations with the Bureau of Labor, and who later, as the head Prostitutes Lucban the city government, had it within Prostitutes Lucban power to facilitate the return of the unfortunate women to Manila, was Justo Lukban, the Mayor of the city of Manila.

His intention to suppress the social evil was commendable. His methods were unlawful. His regard for the writ of habeas corpus issued by the court was only tardily and reluctantly acknowledged.

It would be possible to turn to the provisions of section of the Code Prostitutes Lucban Civil Procedure, which relates to the penalty for disobeying the writ, and in pursuance thereof to require respondent Lukban to forfeit to the parties aggrieved as much as P each, which would reach to Prostitutes Lucban thousands of pesos, and in addition to deal with him as for a contempt.

Some members of the court are inclined to this stern view. It would also be possible to find that since respondent Lukban did comply substantially with the Prostitutes Lucban order of the court, he Prostitutes Lucban purged his contempt of the first order. Some members of the court are inclined to this merciful view. Between the two extremes appears to lie the correct finding. The failure of respondent Lukban to obey the first mandate of the court tended to belittle and embarrass the administration of justice to such an extent that his later activity may be considered only as extenuating his conduct.

A nominal fine will at once command such respect without being unduly oppressive — such an amount is P In resume — as before stated, no further action on the writ of Prostitutes Lucban corpus is necessary. Respondent Prostitutes Lucban is found in contempt of court and shall pay into the office of the clerk of the Supreme Court within five days Prostitutes Lucban sum of one hundred pesos P The motion of the fiscal of the city of Manila to strike from the record the Replica al Memorandum de los Recurridos of January 25,is granted.

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In concluding this tedious and disagreeable task, may we not be permitted to express the hope that this decision may serve to bulwark the fortifications of an orderly government of laws and to protect individual liberty from illegal encroachment. Arellano, C. Johnson, Prostitutes Lucban Street, Prostitutes Lucban.

The undersigned does not entirely agree to the opinion of the majority in the decision of the habeas corpus proceeding against Justo Lukban, the mayor of this city.

The Governor-General can order the eviction of undesirable aliens after a hearing from the Prostitutes Lucban. In open court, the fiscal admitted, in answer to. As if Prostitutes Lucban workers have no rights," Tex said. If any wrong is now being perpetrated in Davao, it should receive an executive investigation.

There is nothing in the record that shows the motive which impelled Mayor Lukban to oblige a great number of Prostitutes Lucban of various ages, inmates of the houses of prostitution situated in Gardenia Street, district of Sampaloc, to change Prostitutes Lucban residence. We know no express law, regulation, or ordinance which clearly prohibits the opening of public houses of prostitution, as Prostitutes Lucban in the said Gardenia Street, Sampaloc.

For this reason, when more than one hundred and fifty women were assembled and placed Prostitutes Lucban a steamer and transported to Davao, considering that the existence of the said houses of prostitution has been tolerated for so long a time, it is undeniable that the mayor of the city, in proceeding in the manner shown, acted without authority of any legal provision which constitutes an exception to the laws guaranteeing the liberty and the individual Prostitutes Lucban of the residents of the city of Manila.

We do not believe in the pomp and obstentation of force displayed by the police in complying with the order of the mayor of the city; neither do we believe in the necessity of taking them to the distant Prostitutes Lucban of Davao.

The said governmental authority, in carrying out his intention to suppress the segregated district or the community formed by those women in Gardenia Street, could have obliged the said women to return to their former residences in this city or in the provinces, without the necessity of transporting them to Mindanao; hence the said official is obliged to bring back the women who are still in Davao so that they may return to the places in which they lived prior to their becoming inmates of certain houses in Gardenia Street.

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As regards the manner whereby the mayor complied with the orders of this Prostitutes Lucban, we do not find any apparent disobedience and marked absence of respect in the steps taken by the mayor of the city and his subordinates, if we take into account the difficulties encountered in bringing the said women who were free at Davao and presenting them before this court within the time fixed, inasmuch as it does not appear Prostitutes Lucban the said women were living together in a given place.

It was not because they were really detained, but because on the first days there were no houses in which they could live with a relative independent from one another, and as a proof that they were free a number of them returned to Manila and the others succeeded in living separate from their companions who continued living together.

To determine whether or not the mayor acted with a good purpose and legal object and whether he has acted in good or bad faith in proceeding to dissolve the said community of prostitutes and to oblige them to change their domicile, it is necessary to consider not only the rights and interests of the said women and especially of the patrons who have been directing and conducting such a reproachable enterprise and shameful business in one of the suburbs of this city, but also the rights and interests of the very numerous people of Manila where relatively a few transients accidentally and for some days reside, the inhabitants thereof being more than three hundred thousandwho can not, with indifference and without repugnance, live in the same place with so many unfortunate women dedicated to prostitution.

If the material and moral interests of the community as well as the demands of social morality are to be taken into account, it is not possible to sustain that it is legal and permissible to establish a house of pandering or prostitution in the midst of an enlightened population, for, although there were no positive laws prohibiting Prostitutes Lucban existence of such houses within a district of Manila, the dictates of common sense and dictates of conscience of its inhabitants are sufficient to warrant the public administration, acting correctly, in exercising the inevitable duty of ordering the closing and abandonment of a house of prostitution ostensibly open to the public, and Prostitutes Lucban obliging the inmates thereof Prostitutes Lucban leave it, although such a house is inhabited by its true owner who invokes in his behalf the protection of the constitutional law guaranteeing his liberty, his individual rights, and his right to property.

A cholera patient, a leper, or any other person affected by a known contagious disease cannot invoke in his favor the constitutional law which guarantees his liberty and individual rights, should the administrative authority order his hospitalization, reclusion, or concentration in a certain island or distant point in order to Prostitutes Lucban from contagious the great majority of the inhabitants of the country who fortunately do not have such diseases.

The same reasons exist or stand good with respect to Prostitutes Lucban unfortunate women dedicated to prostitution, and such reasons become stronger because the first persons named have contracted their Prostitutes Lucban without their knowledge and even against Prostitutes Lucban will, whereas the unfortunate prostitutes voluntarily adopted such manner of living and spontaneously Prostitutes Lucban all its consequences, knowing positively that their constant intercourse with men of all classes, notwithstanding the cleanliness and precaution Prostitutes Lucban they are wont to adopt, gives way to the spread or multiplication of the disease known as syphilis, a venereal disease, which, although it constitutes a secret disease among men and women, is still prejudicial to the human Prostitutes Lucban in the same degree, scope, and seriousness as cholera, tuberculosis, leprosy, pest, typhoid, and other contagious diseases which produce great mortality and very serious prejudice to poor humanity.

If a young woman, instead of engaging in an occupation or works suitable to her sex, which can give her sufficient remuneration for her subsistence, Prostitutes Lucban to put herself under the will of another woman who is usually older than she Prostitutes Lucban and who is the Prostitutes Lucban or owner of a house of prostitution, or spontaneously dedicates herself to this shameful profession, it is undeniable that she voluntarily and with her own knowledge renounces her Prostitutes Lucban and individual rights guaranteed by the Constitution, because it is evident that she can not join the society of decent women nor can Prostitutes Lucban expect to get the same respect that is due to Prostitutes Lucban latter, Prostitutes Lucban is it possible for her to live within the community or society with the same liberty and rights enjoyed by every citizen.

Considering her dishonorable conduct and life, she should therefore be comprised within that class which is always subject to the Prostitutes Lucban and sanitary regulations conducive to the maintenance of public decency and morality and to the conservation of public health, and for this reason it should not permitted that the unfortunate women dedicated to prostitution evade the just orders and resolutions adopted by the administrative Prostitutes Lucban.

It is regrettable that unnecessary rigor was employed against the said poor women, Prostitutes Lucban those who have been worrying so much about the prejudice resulting from a governmental measure, which being a very drastic remedy may be considered arbitrary, have failed to consider with due reflection the interests of Prostitutes Lucban inhabitants of this city in general and particularly the duties and responsibilities weighing upon the authorities which administer and govern Prostitutes Lucban they have forgotten that many of those Prostitutes Lucban criticize and censure the mayor are fathers of families and are in duty bound to take care of their children.

For the Prostitutes Lucban reasons, we Prostitutes Lucban the conclusion that when the petitioners, because of the Prostitutes Lucban life they assumed, were obliged to change their residence not by a private citizen Prostitutes Lucban by the mayor of the city who is directly responsible for the conservation of public health and social morality, the latter could take the step he had taken, availing himself of the services of the police in good faith and only with the purpose of protecting the immense majority of the Prostitutes Lucban from the social evils and diseases which the houses of prostitution situated in Gardenia Street have been producing, which houses have been constituting for years a true center for the propagation of general diseases and other evils derived therefrom.

Hence, in ordering the dissolution and abandonment of the said houses of prostitution and the change of the domicile of the inmates thereof, the mayor did not in bad faith violate the constitutional laws which guarantees the liberty and Prostitutes Lucban individual rights of every Filipino, inasmuch as the women petitioners do not Prostitutes Lucban enjoy the Prostitutes Lucban liberty and rights, the exercise of which they have voluntarily renounced in exchange Prostitutes Lucban the free practice of their shameful profession.

In very highly advanced and civilized countries, there have been adopted by the administrative authorities similar measures, more or less rigorous, respecting prostitutes, considering them prejudicial to the people, although it is true that in the execution of such measures more humane and less drastic procedures, fortiter in re et suaviter in formahave been adopted, but such procedures have always had in view the ultimate Prostitutes Lucban of the Government for the sake of the community, that is, putting an end to the living together in a certain place of women dedicated to prostitution and changing their domicile, with the problematical hope that they adopt another manner of living which is better Prostitutes Lucban more useful to themselves and to society.

In view of the foregoing remarks, we should Prostitutes Lucban, as we hereby hold, that Mayor Justo Lukban is obliged to take back and restore the said women who are at present found in Davao, and who desire to return to their former respective residences, not in Gardenia Street, Sampaloc District, with the exception of the prostitutes who should expressly make known to the clerk of court their preference to reside in Davao, which manifestation must be Prostitutes Lucban under oath.

This resolution must be transmitted to the Prostitutes Lucban within the shortest time possible for its due compliance. The costs shall be charged de officio. I regret to dissent from the respectable opinion of the majority in the decision rendered in these proceedings, with respect to the finding as to the importance of the contempt committed, according to the same decision, by Justo Lukban, Mayor of the city of Manila, and the consequent imposition upon Prostitutes Lucban of a nominal fine of P As far as the Prostitutes Lucban disclosed, the mayor of the city Prostitutes Lucban Manila waited until the 21st Prostitutes Lucban November before sending a telegram to the provincial governor of Davao.

According Prostitutes Lucban the response of the Attorney for the Bureau of Labor to the telegram of his chief, there were then in Davao women who desired to return to Manila, but who should not be permitted to do so because of having contracted debts.

In accordance with section 87 of General Orders No. According to the same decision, the said respondents ". Instead, a few stereotyped Prostitutes Lucban purporting to show that the women were contented with their life in Davao, some of which have since been repudiated by the signers, were appended to the return. That through ordinary diligence a considerable number of the women, at least sixty, could have been Prostitutes Lucban back to Manila is demonstrated by the fact that during this time they were easily to be found in the municipality of Davao, and that about this number either returned at their own expense or were produced at the second Prostitutes Lucban by the Prostitutes Lucban.

The majority opinion also recognized that, "That court, at the time the return to its first order was made, would have been warranted summarily in Prostitutes Lucban the respondent guilty of contempt of court, and in sending them to jail until they obeyed the order.

Their excuses for the non production of the persons were far from sufficient. When the said return by the respondents was made to this court in banc and the case discussed, my opinion was that Mayor Lukban should have been immediately punished for contempt. Nevertheless, a second order referred to in the decision was issued on December 10,requiring the respondents to produce before the court, on January 13,the women who were not in Manila, unless they could show that it was impossible to comply with the said order on the two grounds previously mentioned.

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With respect to this second order, the same decision has the following to say:. While charges and countercharges in such a bitterly contested case are to be expected, and while a critical reading of the record might reveal a failure of literal fulfillment with our mandate, we come to conclude that there is a substantial compliance with it. The respondent mayor of the Prostitutes Lucban of Manila, Justo Lukban, let 17 days elapse from the date of the issuance of the Prostitutes Lucban order on November 4th till the 21st of the same month before taking the first step for compliance with the mandate of the said order; he waited till the 21st of November, as the decision says, before Prostitutes Lucban sent a Prostitutes Lucban to the Prostitutes Lucban governor o f Davao and naturally this half-hearted effort, as is so qualified in the decision, resulted in that none of the women appeared before this court on December 2nd.

Thus, the said order was not complied with, and in addition to this noncompliance there was the circumstances that seven of the said women having returned to Manila at their own expense before the said second day of December and being in the antechamber of the court room, which fact was known to Chief of Police Hohmann, who was then present at the trial and to the attorney for the respondents, were not produced before the court by the respondents nor did the latter show any effort to present them, in spite of the fact that their attention was called to this particular by the undersigned.

The result of the said second order was, as is said in the same decision, that the respondents, on January 13th, the day fixed for the protection of the women before this court, presented technically the seven 7 women above-mentioned who had returned to the city at their own expense and the other eight 8 women whom the respondents themselves brought to Manila, alleging moreover Prostitutes Lucban their agents and subordinates succeeded in bringing them from Davao with their consent; that in Davao they found eighty-one 81 women who, when asked if they desired to return Prostitutes Lucban Manila with free transportation, renounced such a right, as is shown in the affidavits presented by the respondents to this effect; that, through other means, fifty-nine 59 women have already returned to Manila, but notwithstanding the efforts made to find them it was not Prostitutes Lucban to locate the whereabouts Prostitutes Lucban twenty-six 26 of them.

Thus, in short, out of the one hundred and eighty-one women who, as has been previously said, have been illegally detained by Mayor Lukban and Chief of Police Hohmann and transported to Davao against their will, only eight 8 have been brought to Manila and presented before this Prostitutes Lucban by the respondents in compliance with the said two orders.

Fifty-nine 59 of them have returned to Manila Prostitutes Lucban other means not furnished by the respondents, twenty-six of whom were brought by the Prostitutes Lucban for Prostitutes Lucban petitioners, Mendoza, on his return from Davao. The said attorney paid out of his own pocket the transportation of the said twenty-six women.