Professional Documents
Culture Documents
- Writ of habeas corpus is a writ which has been esteemed to does not render the petition for writ moot and
the best and only sufficient defense of personal freedom academic (Villavicencio vs. Lukban, 39 Phil. 778).
having for its object the speedy release by judicial decree of Some instances when the writ may issue:
persons who are illegally restrained of their liberty, or illegally (a) To inquire into the legality of an order of confinement
detained from the control of those who are entitled to their by a court martial (Ogvir vs. Dir. of Prisons, 80 Phil. 401);
custody (Ballentines Law Dictionary, 2nd Edition; Nava vs. (b) To test the legality of an aliens confinement and
Gatmaitan, 90 Phil. 172). proposed expulsion from the Philippines (Lao Tang Bun vs.
Fabre, 81 Phil. 682);
Rule 102 (c) To enable parents to regain custody of a minor child,
even if the latter be in the custody of a third person of her own
- The writ of habeas corpus shall extend to all cases of illegal free will (Salvaa vs. Gaela, 55 Phil. 680);
confinement or detention by which any person is deprived of (d) To obtain freedom for an accused confined for failure to
his liberty, or by which the rightful custody of any person is post bail where the prosecuting officer unreasonably delays
withheld from the person entitled thereto. The function of the trial by continued postponement (Conde vs. Rivera, 45 Phil.
special proceeding of habeas corpus is to inquire into the 650);
legality of ones detention. (e) To give retroactive effect to a penal provision favorable
to the accused when the trial judge has lost jurisdiction by
In all petitions for habeas corpus, the court must inquire into virtue of the finality of the judgment of conviction (Rodriguez
every phase and aspect of the petitioners detention from the vs. Dir. of Prisons, 57 Phil. 133);
moment petitioner was taken into custody up to the moment (f) To determine the constitutionality of a statute (People
the court passes upon the merits of the petition and only after vs. Vera, 65 Phil. 66);
such scrutiny can the court satisfy itself that the due process (g) To permit an alien to land in the Philippines (The Huan
clause of the Constitution has been satisfied. However, once vs. Collector of Customs, 54 Phil. 129);
the person detained is duly charged in court, he may no longer (h) To put an end to an immoral situation, as when a minor
question his detention by a petition for the issuance of a writ girl, although preferring to stay with her employer, maintains
of habeas corpus. illicit relationship with him (Macazo vs. Nuez, L-12772, Jan.
24, 1956);
However, once the person detained is duly charged in court, he (i) When a bond given by an accused entitled thereto is not
may no longer question his detention by a petition for the admitted or excessive bail is required of him (In re Dick, 38
issuance of a writ of habeas corpus. His remedy then is the Phil. 41);
quashal of the information and/or the warrant of arrest duly (j) To determine the legality of an extradition (US vs.
issued. The reason for the issuance of the writ even becomes Rauscher, 119 US 407);
more unavailing when the person detained files a bond for his (k) To determine the legality of the action of a legislative
temporary release (Sec. 1; Bernarte vs. CA, 75 SCAD 400 body in punishing a citizen for contempt (Lopez vs. Delos
[Oct. 18, 1996]). Reyes, 55 Phil. 170);
(l) To obtain freedom after serving minimum sentence
Habeas corpus may not be used as a means of obtaining when the penalty under an old law has been reduced by an
evidence on the whereabouts of a person, or as a means of amendatory law.
finding out who has specifically abducted or caused the
disappearance of a certain person (Martinez vs. Dir. Gen.
Mendoza, GR 153795, Aug. 17, 2006). Contents of the petition
The writs of habeas corpus and certiorari may be ancillary to (1) Application for the writ shall be by petition signed and
each other where necessary to give effect to the supervisory verified either by the party for whose relief it is intended, or
powers of the higher courts. A writ of habeas corpus reaches by some person on his behalf, and shall set forth:
the body and the jurisdictional matters, but not the record. A (a) That the person in whose behalf application is made is
writ of certiorari reaches the record but not the body. Hence, a imprisoned or restrained of his liberty;
writ of habeas corpus may be used with the writ (b) The officer or name of the person by whom he is so
of certiorari for the purpose of review (Galvez vs. CA, 237 imprisoned or restrained; or, if both are unknown or uncertain,
SCRA 685). such officer or person may be described by an assumed
appellation, and the person who is served with the writ shall
The general rule is that the release, whether be deemed the person intended;
permanent or temporary, of a detained person renders (c) The place where he is so imprisoned or restrained, if
the petition for habeas corpus moot and academic, known;
unless there are restraints attached to his release (d) A copy of the commitment or cause of detention of such
which precludes freedom of action, in which case the person, if it can be procured without impairing the efficiency
Court can still inquire into the nature of his of the remedy; or, if the imprisonment or restraint is without
involuntary restraint. Petitioners temporary release any legal authority, such fact shall appear (Sec. 3).
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Preemptory writ -An ordinary petition for habeas corpus should be filed in the
regular Court. The issue of child custody may be tackled by
Unconditionally commands the respondent to have the body of the Family Court without need of a separate petition for
the detained person before the court at a time and place therein custody being filed.
specified;
-An ordinary petition for habeas corpus should be filed in the
Preliminary citation regular Court. The issue of child custody may be tackled by
the Family Court without need of a separate petition for
Requires the respondent to appear and show cause why the custody being filed.
peremptory writ should not be granted
-The Committee chose the phrase any person claiming
When not proper/applicable custody as it is broad enough to cover the following: (a) the
unlawful deprivation of the custody of a minor; or (b) which
(1) Instances when the writ of habeas corpus is not proper parent shall have the care and custody of a minor, when such
are: parent is in the midst of nullity, annulment or legal separation
(a)For asserting or vindicating denial of right to bail proceedings (Sec. 2).
(b) For correcting errors in appreciation of facts or
appreciation of law where the trial court had no jurisdiction ) The hearings on custody of minors may, at the discretion
over the cause, over the person of the accused, and to impose of the court, be closed to the public and the records of the case
the penalty provided for by law, the mistake committed by the shall not be released to non-parties without its approval (Sec.
trial court, in the appreciation of the facts and/or in the 21).
appreciation of the law cannot be corrected by habeas corpus (4) A motion to dismiss the petition is not allowed except on
(c) Once a person detained is duly charged in court, he may the ground of lack of jurisdiction over the subject matter or
no longer file a petition for habeas corpus. His remedy would over the parties. Any other ground that might warrant the
be to quash the information or warrant dismissal of the petition shall be raised as an affirmative
defense in the answer (Sec. 6).
When writ disallowed/discharged Hold Departure Order The minor child subject of the
petition shall not be brought out of the country without prior
(1) If it appears that the person alleged to be restrained of order from the court while the petition is pending. The
his liberty is in the custody of an officer under process issued court motu propio or upon application under oath may issue ex
by a court or judge or by virtue of a judgment or order of a parte a hold departure order addressed to the BID of the DOJ a
court of record, and that the court or judge had jurisdiction to copy of the hold departure order within 24 hours from its
issue the process, render the judgment, or make the order, the issuance and through the fastest available means of
writ shall not be allowed; or if the jurisdiction appears after transmittal (Sec.16).
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cannot be served personally on the respondent, the rules on proceedings under the writ and a complete inventory of the
substituted service shall apply. database or information, or documents and articles inspected,
updated, rectified, or deleted, with copies served on the
After the writ is served, what should the respondent do? petitioner and the respondent.
The respondent shall file a verified written return together
with supporting affidavits within five (5) work days from What happens after the finality of the judgment?
service of the writ, which period may be reasonably extended The officer shall state in the return how the judgment was
by the Court for justifiable reasons. enforced and complied with by the respondent, as well as all
objections of the parties regarding the manner and regularity
What is the nature of the hearing on the petition? of the service of the writ.
The hearing on the petition shall be summary. However, the The court shall set the return for hearing with due notice to the
court, justice or judge may call for a preliminary conference to parties and act accordingly.
simplify the issues and determine the possibility of obtaining
stipulations and admissions from the parties. Does the filing of the petition preclude the filing of
separate criminal, civil or administrative actions?
How long does the court have in deciding the petition?
The court shall render judgment within ten (10) days from the No. However, when a criminal action has been commenced,
time the petition is submitted for decision. If the allegations in no separate petition for the writ shall be filed, but the reliefs
the petition are proven by substantial evidence, the court shall under the writ shall be available by motion in the criminal
enjoin the act complained of, or order the deletion, case, and the procedure under this Rule shall govern the
destruction, or rectification of the erroneous data or disposition of the reliefs available under the writ of habeas
information and grant other relevant reliefs as may be just and data.
equitable; otherwise, the privilege of the writ shall be denied.
Does the filing of the petition preclude the filing of
What happens after the finality of the judgment? separate criminal, civil or administrative actions?
Upon its finality, the judgment shall be enforced by the sheriff
or any lawful officer as may be designated by the court, justice When a criminal action and a separate civil action are filed
or judge within five (5) work days. subsequent to a petition for a writ of habeas data, the petition
The officer who executed the final judgment shall, within shall be consolidated with the criminal action. After
three (3) days from its enforcement, make a verified return to consolidation, the procedure under this Rule shall continue to
the court. The return shall contain a full statement of the govern the disposition of the reliefs in the petition.