The Writ of Habeas Corpus

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ABRAZALDO, JOHN RABBI I.

SPECPRO


The Writ of Habeas Corpus Coverage

a special proceeding & summary remedy

Its significant and vital purposes are:

i. To obtain immediate relief from illegal confinement
ii. To liberate those who may be imprisoned without
sufficient cause
iii. To deliver them from unlawful custody

Grounds for suspension of the KINDS OF WRIT OF

privilege of the writ of habeas HABEAS CORPUS
corpus under the Constitution: PRELIMINARY PEREMPTORY
CITATION
(Sec. 18, Art. VIII,1987Constitution)
WRIT
A written document which
unconditionally commands the Requires the respondent to
respondent to have the body of the appear and show cause why
detained person before the court the peremptory writ should not
at a time and place therein be granted
specified
Procedure for Grant of Writ Who may file?
any person may apply for the
writ on behalf of the aggrieved
party.
Who may grant? /Where
to apply?

Supreme Court Court of Appeals Sandiganbayan

Hearing by the Court upon return

[Sec. 12, Rule 102]

Judgment on the petition

RTC Family Court MTC
 To Whom Writ Served Service of the Writ
The Contents of the Petition (Rule 102, Sec. 6 ) (Rule 102, Sec. 7)

1. That the person in whose behalf the

application is made is imprisoned or
restrained of his liberty;

2. The officer or name of the person by Service of the Writ shall

whom he is so imprisoned or restrained; A. In case of imprisonment be made by leaving the
by an officer
or, if both are unknown or uncertain, such original with the person to
officer or person may be described by an whom it is directed
B. In case of imprisonment
assumed appellation, and the person who
by a person NOT an officer
is served with the writ shall be deemed the
person intended;
Execution of Writ Defect of Form Section
(Section 8, Rule 102) (Sec. 9 of Rule)
3. The place where he is so imprisoned or
restrained, if known; and

4. The cause of his detention.

(Section 3, Rule 102)
CONTENTS OF RETURN By whom made:
The person or officer who has the person under
1. Whether he has or has not the party in his custody or restraint, or in whose custody the prisoner is
power, or under restraint;
found [Sec. 10, Rule 102)
2. The authority and the true and whole cause of
restraint, set forth at large, with a copy of the writ,

order execution, or other process, if any, upon which

the party is held;

3. If the party is in his custody or power or is restrained

by him, and is not produced, particularly the nature
and gravity of the sickness or infirmity of such party by As to the Form
reason of which he cannot, without danger, be bought
before the court or judge;

4. If he has had the party in his custody or power, or

under restraint, and has transferred such custody or
restraint to another, particularly to whom, at what
time, for what cause, and by what authority such
transfer was made. (Rule 102, Sec. 10)
1. The prisoner is not produced, and
2. In all other cases, unless the return is
made and signed by a sworn public
officer in his official capacity [Sec. 11,
Rule 102]
 Hearing UPON Return When is the return When LAWFULLY Imprisoned -
(Sec. 12 of Rule 102) considered evidence, When Recommitted or When Bailed
and when only a plea (Section 14 of Rule 102)
(Rule 102, Sec. 13)

if the prisoner is in custody under a

warrant of
commitment (public authority) in
pursuance of law
-Effect of Failure to File a Return
Failure of petitioners to file
a return of the writ WARRANTS When Prisoner Discharged
DISMISSAL of the petition.
IF NO APPEAL
If the prisoner is Restraint
(Section 15 of Rule 102)
is by private authority

Person discharged not to be again imprisoned

(Sec.17, Rule 102)
GR: A person who is set at liberty upon a writ of
habeas corpus shall not be again imprisoned for the
same offense.
 When the application is denied Or WHEN
When the application is granted WRIT DISALLOWED/ DISCHARGED
(Section 5, Rule 102) (ISection 4 of rule 102 )

The writ of habeas corpus shall not be

A court or judge authorized to grant
allowed when the person alleged to be
the writ must, when a petition therefor
restrained of his liberty is in the custody
is presented and it appears that the
of an officer:
writ ought to issue, grant the same,
1. Under process issued by a court or
and immediately thereupon the clerk
judge;
of the court shall issue the writ under
2. By virtue of a judgment or order of a
the seal of the court; or in case of
court of record; and
emergency, the judge may issue the
3. The court or judge had jurisdiction to
writ under his own hand, and may
issue the process, render the judgment,
depute any officer or person to serve
or make the order.
it.
Effect of Release of Detained Person on the Petition
General Rule: The release, whether permanent or temporary, of a detained person, renders the petition for habeas corpus
moot and academic
Is Writ of Habeas Corpus available in Voluntary restraint ?

GR] Exception:
 Writ of Habeas Corpus In Relation To Custody of Minors
[A.M. No. 03-04-04-SC]
Provisional Order Awarding Custody
Where Filed Requisites
Who may file
1. That the petitioner has
Any person
the right of custody over
the minor; claiming rightful
custody of a minor The following order of preference
2. That the rightful custody [Sec. 2] shall be observed as far as practicable:
of the minor is being
withheld from the
petitioner by respondent; Defendant Must
and File Answer;

3. That it is to the best

interest of the minor
concerned to be in the
custody of petitioner and
not that of the respondent.
There should also be a
Hold Departure Order Case Study Report Confidentiality of the Proceedings
 QUESTION 1:
Q:When is writ of habeas corpus may ba availed?
 QUESTION 1:
Q:When is writ of habeas corpus may ba availed?

ANSWER:
It may be availed of in cases of illegal confinement
or the rightful custody of any person is withheld from
the person entitled thereto (Section 1, Rule 102)
 QUESTION 2:
TRUE OR FALSE (2009 BAR EXAM)
Q: In the exercise of its original jurisdiction,
the Sandiganbayan may grant petitions for the issuance ofa writ of habeas corpus.
 QUESTION 2:
TRUE OR FALSE (2009 BAR EXAM)
Q: In the exercise of its original jurisdiction,
the Sandiganbayan may grant petitions for the issuance ofa writ of habeas corpus.

ANSWER:
FALSE. The Sandiganbayan may grant
petitions forHabeas corpus only in aid of its
appellate jurisdiction
(R.A. 7975, as amended by R.A 8249),not in the
exercise of “ original ” jurisdiction.
 QUESTION 3:
MCQ 2012 BAR EXAM
Q:A judge of an MTC can hear and decide petitions for habeas corpus orapplications for bail where:

a. the Supreme Court authorizes the MTC

.b. the judge is the Executive Judge of the MTC

.c. the judge of the RTC where the case is raffled has retired, wasdismissed or had died.

d. in the absence of all the RTC Judges in the province or city.

 QUESTION 3:
MCQ 2012 BAR EXAM
Q:A judge of an MTC can hear and decide petitions for habeas corpus orapplications for bail where:

ANSWER:
(d) In the absence of all the Regional Trial Judges in aprovince or
city, any Metropolitan Trial Judge, Municipal Trial Judge, Municipal
Circuit Trial Judge may hear and decide petitions fora writ of
habeas corpus or applications for bail in criminal cases in
theprovince or city where the absent Regional Trial Judges sit.
(Section35, Batas Pambansa Blg. 129).