WRIT OF HABEAS CORPUS

WHAT IS HABEAS CORPUS?

     Habeas corpus means “having it brought” plus “body”

     To inquire into the legality of the detention of a person

     A writ or order requiring that a prisoner be brought before a judge or into court to decide whether he is
being held lawfully.
 
CNN Philippines

What exactly is the writ of habeas corpus?

In English, the Latin phrase habeas corpus means "that you have the body." When the Supreme Court, which
has jurisdiction over habeas corpus petitions, issues the writ, it commands an individual or a government official
who has restrained another individual to produce the prisoner at a designated time and place so that the Court
can determine whether the prisoner's custody is legal or not.

If it isn't, then the prisoner must be released. In other words, the writ is a safeguard against warrantless arrests
and illegal detention.

Constitutional right to due process

In reaction to cases of illegal detention during the martial law era, the 1987 Constitution contains several
provisions to ensure that due process is followed and that warrantless arrests may only be conducted upon
fulfilling certain conditions.

For starters, Article 3, Sections 1, 2 and 14 of the Constitution guarantee due process as a fundamental right of
every Filipino and that a court-issued warrant of arrest is needed to detain someone for a crime, unless he or
she is caught in the act.

Meanwhile, Article 3, Section 3 stipulates that any arrests made without satisfying the preceding provisions are
not valid.

When are warrantless arrests allowed?

However, the Constitution states certain conditions for the writ of habeas corpus to be suspended, thus allowing
warrantless arrests.

Article 3, Section 15 stipulates that the writ can only be suspended in cases of invasion or rebellion and when
public safety requires it. In addition, Article 3, Section 13 says the right to bail shall remain even when the writ is
suspended.

Only the President has the power to suspend the writ under Article 7, Section 18, which Duterte used as the
legal basis for issuing the state of emergency.

The provision says "in case of invasion or rebellion, when the public safety requires it, he (the President) may,
for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines
or any part thereof under martial law."

Within 48 hours of suspending the writ, the President must submit "a report in person or in writing to the
Congress," which may revoke or extend the suspension following a majority vote of both the House of
Representatives and the Senate. In case of a revocation, the President must comply.

In addition, the Supreme Court may, upon the filing of any citizen, review the suspension of the writ and must
promulgate its decision on it within 30 days from the filing.

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The provision makes very clear that the suspension of the writ "shall apply only to persons judicially charged for
rebellion or offenses inherent in or directly connected with the invasion" and that any person arrested or
detained while the writ is suspended must be charged within three days or else he or she will be released.

Cases of suspending the writ

The first suspension of the writ of habeas corpus after the American occupation was in 1950, when President
Elpidio Quirino issued Proclamation No. 210 to help in the fight against Communist rebels.

In 1971, President Ferdinand Marcos also suspended habeas corpus through Proclamation No. 889 in response
to the threat of Communist rebels and to the Plaza Miranda bombing. Most recently, President Gloria
Macapagal-Arroyo suspended the writ in Maguindanao in 2009 through Proclamation No. 1959 following the
Maguindanao massacre.

ABS-CBN News
The writ of habeas corpus is an order by the court to produce the body of someone who has been detained
and determine why he is being restrained without necessarily ordering the release of the prisoner.
But she clarified that the writ of habeas corpus is different from the privilege to such a writ. 

"Ang puwedeng suspendihin is the privilege of the writ of habeas corpus. Privilege of habeas corpus is an
order coming from the court to immediately release the prisoner if the court finds out that the detention is
without legal cause or authority," she said.

Mawis said the first thing that needs to be established is if there is a need for suspension.

Article VII, Section 18 of the Philippine Constitution states that in cases of invasion or rebellion, when the
public safety requires it, the President may for a period not exceeding 60 days suspend the privilege of the
writ of habeas corpus or place the Philippines or any part thereof under martial law.

"Sa understanding ng ordinary na tao 'pag sinabing invasion, may sumugod sa atin o ang rebellion may nag-
aaklas...ang paggamit po ng ipinagbabawal na gamot at ibang kriminalidad ay hindi naman resulting [in] an
invasion or rebellion," Mawis said.

(In the understanding of the ordinary person, when you say invasion, when there is an attack or rebellion...
drug use and criminality does not result in invasion or rebellion.)

Within 48 hours from the time the president suspended the writ, he is required to submit a report in person
or in writing to Congress.

Congress will then have to vote jointly or by at least a majority of its members in its regular or a special
session to affirm or revoke such suspension. 

"Hindi puwedeng isantabi ng President kung anong gawing desisyon ng Kongreso," Mawis said.

(The President cannot set aside the decision of Congress.)

What are the reasons on the suspension on the privilege of the writ of habeas corpus and why?

Article 3, Section 15 of the Constitution of the Philippines

The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion
when the public safety requires it.

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  Privilege of the writ of habeas corpus may be suspended by the President in case of
- Invasion
- Rebellion
- When the public safety requires it.
 The suspension in effect, allows arrests and seizures without warrants issued by the courts.

The privilege of the writ of habeas corpus had to be suspended not only because it was desirable for the
prosecuting officials to have sufficient time to investigate and file the necessary charges in court, but also
because a public officer or employee who shall detain any person for some legal ground and shall fail to deliver
such person to the proper judicial authorities within the period of six hours, shall suffer the penalties provided in
article 125 of the Revised Penal Code. In other words, the only effect of Proclamation No. 210 is that any person
detained thereunder has no right to have the cause of his detention examined and determined by a court of
justice through a writ of habeas corpus. (Nava vs. Gatmaitan, G.R. L-4855)

WHY HABEAS CORPUS IS CONSIDERED AN EXCEPTION TO THE EXCEPTION?

     Because  it  is  a  prerogative  writ  and  therefore  must  be  decided upon immediately by the court

     The habeas corpus proceeding must take precedence over all other cases because it involves the

liberty of the person
 
WITHIN HOW MANY HOURS SHOULD A JUDGE RESOLVE A HABEAS CORPUS PROCEEDING?

     Within 48 hours or 2 days

 
WHAT ARE THE DUTIES OF THE PUBLIC ATTORNEY IF THE ACCUSED ASSIGNED TO HIM IS
IMPRISONED?

1.    He shall promptly undertake to obtain the presence of the prisoner for trial, or cause a notice to be served
on the person having custody of the prisoner, requiring such person to advise the prisoner of his right to
demand trial.

2.    Upon  receipt  of  that  notice,  the  person  having  custody  of  the prisoner shall promptly advise the
prisoner of the charge and his right  to  demand  trial.    If  at  anytime  thereafter,  the  prisoner
informs the custodian that he demands such trial, the latter shall cause  notice  to  that  effect  to  be  sent 
promptly  to  the  public attorney.
3.    Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence of the
prisoner for trial
4.    When the person having custody of the prisoner receives from the public attorney a properly supported
request for the availability of the  prisoner  for  purposes  of  trial,  the  prisoner  shall  be  made
available accordingly. 

Article 3, Section 13 of the 1987 Constitution

All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may

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be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas
corpus is suspended. Excessive bail shall not be required.

Article 7, Section 18

The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it
becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion
or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not
exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part
thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of
the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the
Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or
special session, may revoke such proclamation or suspension, which revocation shall not be set aside by
the President. Upon the initiative of the President, the Congress may, in the same manner, extend such
proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall
persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension,
convene in accordance with its rules without any need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension
thereof, and must promulgate its decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the
civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and
agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the
writ.

The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or
offenses inherent in or directly connected with the invasion.

During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially
charged within three days, otherwise he shall be released.

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