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In the Matter of the Petition for Habeas Corpus of JUAN DELA CRUZ, JUANA DELA CRUZ Petitioner. VS. MARIA DELA CRUZ, Respondent. Sp. Proc. No.: 08-025 For: HABEAS CORPUS
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PETITION FOR A WRIT OF HABEAS CORPUS COMES NOW, petitioner by the undersigned attorney, and to this Honorable Court, respectfully alleges: 1. That petitioner is of legal age, Filipino, single and residing at 33 Arlegui Street, Manila; 2. That petitioner is the sister of JUAN DELA CRUZ, who was arrested by SPO1 Joseph Santos on December 30, 2007 for alleged participation in a Robbery with Homicide case; 3. That said Juan dela Cruz was arrested at 11:45 pm at our residence at 33 Arlegui Street, Manila and taken to Police Sub-station 22, Sto. Nino Street, Manila and has been detained since December 30, 2007 up to the present; 4. That the herein petitioner has learned from reliable sources that Juan dela Cruz is being unlawfully detained and restrained of his liberty by SPO1 Joseph Santos; 5. That the confinement of said Juan dela Cruz under the circumstance stated is utterly without legal authority. WHEREFORE, it is respectfully prayed that a Writ of Habeas Corpus be issued by this Honorable Court, directed to SPO1 Joseph Santos, commanding the latter
123456/ Manila / January 20. 2. and to summon said SPO1 Joseph Santos then and there to appear and to show cause of the detention of said Juan dela Cruz. MARIA LOPEZ Attorney for Defendant LOPEZ & ASSOCIATES LAW OFFICES 2nd Floor. I am a plaintiff in the above-stated case. or any other tribunal or agency. No. January 5. of legal age. depose and state that: 1. Makati City Roll No. Manila. 123456 VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I. 2008 IBP No. 2008. RCBC Plaza. 4. 3. and that after due proceedings.R. the said Juan dela Cruz be restored to his liberty and forthwith discharged from confinement. .T. JUANA DELA CRUZ. the Court of Appeals. after having been duly sworn in accordance with law. I have not commenced any other action or proceeding involving the same issues in the Supreme Court.to have the body of Juan dela Cruz before this court at the time and place therein specified. 123456 P. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession. Petitioner further prays for such other relief as this Honorable Court may deem just and equitable under the premises. I caused the preparation of the foregoing complaint. Ayala Avenue. 1234567 / Manila / January 10. 2008 MCLE Compliance No. Philippines.
.123456 Doc. To the best of my knowledge and belief.5. 2008 at Manila. . Page No. 1234567 / Manila / January 10. No. the Court of Appeals. affiant exhibiting to me her Driver¶s License No. 6. JUANA DELA CRUZ SUBSCRIBED AND SWORN to before me this 8th day of August 2008 Manila. 2007 IBP No. the Court of Appeals. Philippines. Makati City Roll No. . .T. or any other tribunal or agency. Philippines MARIA LOPEZ 2nd Floor RCBC Plaza. 2007 MCLE Compliance No.R. If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court. no such action or proceeding is pending in the Supreme Court. 123456 P. No. Book No.123456 issued on June 8. Ayala Avenue. I undertake to report that fact within five (5) days therefrom to this Honorable Court. Series of 200_. or any other tribunal or agency. 123456/ Manila / January 20.