What is the venue for the filing of a petition for the commitment of an insane person?

According to the rules on special procedure, a petition for the commitment of an insane person
may be filed with the RTC of the place where the person alleged to be insane is found.

2. Who may file for the petition for the commitment of an insane person?

The rules on special procedure provides that it is the Director of Health who may file for the
petition for the commitment of an insane person in all cases where, in his opinion, such
commitment is for the public welfare, or for the welfare of said person who, in his judgment, is
insane and such person or the one having charge of him is opposed to his being taken to a
hospital or other place for the insane.

3. What is the duty of the court if the petition for commitment filed is sufficient in form and in
substance?

If the petition for commitment is sufficient in form the rules on special procedure provides
that the court has the duty by an order reciting the purpose of the petition, shall fix a date for the
hearing thereof, order the sheriff to produce the alleged insane person, if possible, on the date of the
hearing. More so, a copy of such order shall be served on the person alleged to be insane, and to the
one having charge him, or on such of his relatives residing in the province or city as the judge may deem
proper.

4. What should be proven during the hearing of the petition for commitment? What interim ruling may
the court do during the promulgation of judgment?

During the hearing of the petition, the rules on special procedure provides that there must be
satisfactory proof that the application s for public welfare or for the welfare of the insane and that his
relatives are unable for any reason to take proper custody and care of him upon recommendation of the
director of health.

5. How and when may an insane person be discharged from commitment?

Under the rules, a person committed may be discharged if upon the opinion of the director of
health the person ordered to be committed becomes temporarily or permanently cured, or if he may be
released without danger, then he may file the proper petition with the RTC which ordered the
commitment.

6. what is a writ of habeas corpus WHC?

Habeas corpus in literal words in Latin means “You have the body”. According to the law, it is a writ
directed to the person detaining another, commanding him to produce the body of the person at a
designated time and place within the day and state the cause of the caption and detention and to do
and to submit and receive whatever the judge or court awarding the writ shall consider in that behalf.
Moreover, it involves the right to liberty and extend to all cases of illegal detention and confinement or
detention by which any person is deprived of his liberty it also covers the withholding of the rightful
custody of any person from the person entitled thereto.

7. Who may grant a WHC? Where is it enforceable? Where is it returnable?

According to the rules on Habeas corpus, It may be granted by the RTC of the place where the person is
detained. It may also be granted by the Sandiganbayan, the Court of appeals and the Supreme court or
any justice of the three preceding courts. As to where it is enforceable, it is dependent upon the issuing
court. If it was issued by the Sandiganbayan, Court of appeals or the Supreme court then it may be
enforced anywhere in the Philippines but if it is issued by the RTC it may be enforceable in judicial
districts. Moreover, as to where it may be returned. if it is issued by the Sandiganbayan, the Court of
appeals or any of its justice it may be returned before such court justices but if it is issued by the RTC it
is returnable before the RTC or such judge.

8. . Who may file a petition for WHC? What are the contents of the petition?

Under the rules of court, it may be filed by the party for whose relief it is intended or by some person on
his behalf. Moreover, it must be signed and verified and as to the contents of the petition,(1) it shall be
indicated therein that the party in whose behalf the application is made is imprisoned or restrained of
his liberty. (2)It shall be included therein the officer or the name of the person by whom he is so
imprisoned or retrained or if both are unknown or uncertain, such officer or person may be described by
an assumed appellation, and the person who is served with the writ. (3) the Place where he is so
imprisoned retrained if known and a (4) copy of the commitment or cause of detention of such person if
it can be procured without impairing the efficiency of the remedy or if the imprisonment or restraint is
without any legal authority such fact shall appear, shall be deemed the person indeed.

9. When is a WHC not allowed or the discharge of a detained person not authorized?

If an individual’ liberty is restrained via some legal process then the writ is unavailing. Essentially, in
order to justify the grant of the writ the restraint of liberty must have been unlawful and involuntary.

10. When may a WHC be granted and issued?

The rule provides that it may be granted upon a judgment already final and when it is prove that there
is restraint liberty and unlawfully withholding of the right of custody of a person.