HABEAS CORPUS

Special jurisdiction: MTCs if there are no judges available in the RTC. Only to hear and decide.

Jurisdiction is not exclusive but concurrent.

Habeas Corpus is also an ancillary to another petition (certiorari) This is not prohibited (SpecPro
and SCA)

A speedy and effectual remedy for persons deprived of liberty. It is summary in nature.
The court is also one of limited jurisdiction. It is only concerned with the legality of the
detention. The Habeas Corpus cannot award damages. The remedy is to commence anther
separate action.

Any restraint that will preclude freedom of action.

Not a matter of right.

There must be a restraint for inquiry into its legality may be made.
It has to be an illegal confinement.

JACSON v MACALINO – court process includes processes of quasi-judicial bodies.

Even if a person is illegally arrested, but there are supervening events that validates the
detention (eg. Information filed) habeas corpus will not issue. Remedy is to file a criminal case
against the persons who perpetuated it.

The burden of proving illegal restraint is on the petitioner. If there is no evidence of illegal
restraint, the habeas corpus will not prosper.

No hearing is required. If on the face of the petition the writ ought to issue, the court will grant
it.

Habeas Corpus as a post-conviction remedy – Rules on DNA Evidence. Conviction will be

modified. It is a direct attack on the judgment.
File the Habeas Corpus in the court of origin.

Accused – Case was dismissed but was detained: HC is remedy

Contempt Charge – HC is not a remedy. File a certiorari to attack the validity of the order of
confinement. Even if the order was invalid, as long as there is an order, HC will not prosper.

Presumption of validity – can be invoked in HC proceedings. Burden of Proof is on the petitioner

to show clear and convincing evidence.
HC also has interim relief: safekeeping of the aggrieved party
Prisoner shall not be released until order of release is served or UNLESS the aggrieved party has
appealed

RULES FOR HABEAS CORPUS ON CUSTODY OF MINORS

Family Court has no exclusive jurisdiction with the SC and CA over petitions for HC of minors.

Before HC will prosper:

1. Petitioner has the Right to Custody;
2. Best interest of the minor

WRIT OF AMPARO

- Writ or individuals whose right to life, liberty or security is violated or threatened to be

violated.
- Habeas Corpus: Clear and convincing (necessary to overcome the presumption of
regularity of performance of duties)
- Amparo: Substantial
- Exempted from payment of docket and lawful fees
- Summary hearing: not later than 7 days from the issuance of the writ
- Imprisonment or fine for failure to comply
- You cannot have a general denial (allowed in HC) there must be allegations of the efforts
taken to ascertain the whereabouts of the person missing
- Failure to file return: court will proceed to hear the case ex parte
- Protection order can be issued upon petition or motu proprio
- R45 is the mode appeal – can raise both questions of fact and of law
- Relaxed rule on admissibility of evidence: instead of looking at the evidence piece by
piece, the court will look at the totality of the evidence. As long as it survives the test of
reason, meaning, it is relevant, it will be considered as part of the totality of evidence.
- The couert recognizes that the gov’t participation is hard to prove by direct evidence
-

WRIT OF HABEAS DATA

- Indigent petitioner is exempted from docket and lawful fees
- Summary hearing: 10 working days from the issuance of the writ
- Defenses will be heard in chambers
- Must be ruled not more than 10 days from the time the case is submitted for decision