WRIT

OF
HABEAS
CORPUS
 RULE 102. HABEAS CORPUS
(Writ of habeas corpus)
The writ of habeas corpus was devised and exists as a speedy
and effectual remedy to relive persons from unlawful restraint ,
and as the best and only sufficient defense of personal freedom .
It secures to a prisoner the right to have the cause of his
detention examined and determined by a court of justice , and to
have ascertained if he is held under lawful authority ( Nava
v .Gatmaitan , GR L - 4855 , Oct. 11 , 1951 , 90 Phil . 172 ) .
 RULE 102. HABEAS CORPUS
(Writ of habeas corpus)
Petition for the issuance of a writ of habeas corpus a special
proceeding;

A petition for the issuance of a writ of habeas corpus is a special

proceeding governed by Rule 102 of the Rules of Court , as
amended. Habeas corpus is that of a civil proceeding in character.
It seeks the enforcement of civil rights.
 RULE 102. HABEAS CORPUS
(Writ of habeas corpus)
Resorting to the writ is not to inquire into the criminal act of which
the complaint is made but into the right of liberty, notwithstanding the
act and the immediate purpose to be served is relief from illegal
restraint. The rule applies even when instituted to arrest a criminal
prosecution and secure freedom .
When a prisoner petitions for a writ of habeas corpus , he thereby
commences a suit and prosecutes a case in that court (Caballes v . CA ,
GR 163108 , Feb. 23 , 2005 , 452 SCRA 312 ) .
 RULE 102. HABEAS CORPUS
(Writ of habeas corpus)
Nature of the writ ; what it is and what it is not

As a special proceeding under Rule 102 of the Rules of Court , habeas

corpus has the following characteristics :

( 1 ) Habeas corpus is not in the nature of a writ of error; nor intended as substitute for the trial court's
function ;
( 2 ) It cannot take the place of appeal , certiorari or writ of error ;
( 3 ) The writ cannot be used to investigate and con sider questions of error that might be raised relating to
procedure or on the merits ;
( 4 ) The inquiry in a habeas corpus proceeding is ad dressed to the question of whether the proceedings and
the assailed order are, for any reason , null and void .
 SECTION 1 , RULE 102. TO WHAT HABEAS CORPUS
EXTENDS(Extent and function of the writ )
The writ of habeas corpus shall extend to all cases of illegal confinement or detention by
which any person is deprived of his liberty , or by which the rightful custody of any person is
withheld from the person entitled thereto.

The function of the special proceeding of habeas corpus is to inquire into the legality of one's
detention . In all petitions for habeas corpus , the court must inquire into the moment petitioner
was taken into custody up to every phase and aspect of the petitioner's detention from moment
the court passes upon the merits of the petition and only after such scrutiny can the court satisfy
itself that the due process clause of the Constitution has been satisfied.
 SECTION 1 , RULE 102. TO WHAT HABEAS CORPUS
EXTENDS(Extent and function of the writ )
Writ a summary remedy and a proceeding in rem

Habeas corpus is a summary remedy . It is analogous to a proceeding in rem when

instituted for the sole purpose of having the person of restraint presented before the
judge in order that the cause of his detention may be inquired into and his
statements final.

The writ of habeas corpus does not act upon the prisoner who seeks relief but upon
the person who holds him in what is alleged to be the unlawful authority ( Caballes
v . CA , supra . ).
 SECTION 1 , RULE 102. TO WHAT HABEAS CORPUS
EXTENDS(Extent and function of the writ )
Parties and question to be resolved in the petition

The only parties before the court are the petitioner ( prisoner )
and the person holding the petitioner in custody and the only
question to be resolved is whether the custodian has authority to
deprive the petitioner of his liberty.
 SECTION 1 , RULE 102. TO WHAT HABEAS CORPUS
EXTENDS(Extent and function of the writ )
The writ may be denied if the petitioner fails to show facts that he is entitled thereto ex merito justicias ( in the
interest of justice ) ( / bid . ).

Who may prosecute

The writ of habeas corpus may be prosecuted by:

( 1 ) a person unlawfully imprisoned or restrained of his liberty ; or

( 2 ) some person in his behalf ( Kelly v . Director of Prisons , GR 20478 , Mar. 14 , 1923 , 44 Phil .
623 ).

Where the application made by another in prisoner's behalf is repudiated by the latter

Where the application is made in the prisoner's behalf by a third person , and where the prisoner repudiates the
action taken , the writ will be denied ( Ibid . ).
 SECTION 3, RULE 102. REQUISITES OF
APPLICATION THEREFOR
Who may apply for the writ

The application for the writ shall be by petition signed

and verified either by:

(1)the party for whose relief it is intended; or

(2) some person on his behalf (Sec. 3, Rule 102,RoC).

 SECTION3, RULE 102. REQUISITES OF
APPLICATION THEREFOR
Contents of the petition
The petition shall set forth:
The application for the writ shall be by petition signed and verified either by:
(a) that the person in whose behalf the application is made is imprisoned or restrained of his liberty;
(b) the officer or name of the person by whom he is so imprisoned or restrained; 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 shall be deemed the person intended:
(c) the place where he is so imprisoned or restrained, if known; and
(d) a 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
(Sec. 3, Rule 102, RoC).
 SECTION3, RULE 102. REQUISITES OF
APPLICATION THEREFOR
Conveyance to court of imprisoned or restrained person

The officer to whom the writ is directed shall convey the person so imprisoned or restrained and named in the writ
before the judge allowing the writ or, in case of the latter's absence or disability, before Some other judge of the
same court on the day specified in the writ unless such person cannot, due to sickness or infirmity, be bought before
the court or judge without danger.

The officer shall make due return of the writ together such person according to the command thereof (Sec. 8, with
the day and the cause of f the caption and restraint of Rule 102, RoC)
 SECTION 9, RULE 102. DEFECT OF FORM

Formal defect in writ

The writ of habeas corpus shall not be disobeyed due to defect of form if it sufficiently appears from
it:

(a) the person having custody or restraining the party subject thereof; and

(b) the court or judge before whom said party is to be bought (Sec. 9, Rule 102, RoC).
 SECTION 10, RULE 102. CONTENTS OF RETURN

Statements required to be made in the return

If the person to be produced is imprisoned or restrained by an officer, the person who makes the return shall state
therein and, in other cases, the person in whose custody the prisoner is found shall state in writing to the court or
judge before whom the writ is returnable, plainly and unequivocally:
(1) whether he has or has not the party in his custody or power, or under restraint;
(2) if he has the party in his custody or power or under restraint, the authority and the true and whole cause thereof 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 reason of which he cannot, without danger, be bought before the court or judge; or
(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 (Sec. 10, Rule 102, RoC).
 SECTION 11, RULE 102. RETURN TO BE SIGNED
AND SWORN TO
The return must be signed by maker and sworn to if prisoner not produced

The return or statement shall be signed by the person who makes it and shall also
be sworn by him if the prisoner is not produced and in all other cases, unless the
return is made and signed by a sworn public officer in his official capacity (Sec. 11,
Rule 102, RoC).
 PEREMPTORY WRIT vis-à-vis PRELIMINARY
CITATION
The writ of habeas corpus may be classified as:

• Preliminary citation – If the person is detained under governmental authority

and the illegality of his detention is not patent from the petition for the writ, the
court issues the citation to the government officer having custody to show cause
why the habeas corpus writ should not issue; and
• Peremptory writ – If the cause of the detention appears to be patently illegal, the
court issues the habeas corpus writ noncompliance with which is punishable (Lee
Yick Hon v. Insular Collector of Customs, GR L-16779. Mar. 30, 1921, 41 Phil.
548).
 WHEN WRIT IS PROPER OR NOT PROPER

-A petition for habeas corpus is not the appropriate vehicle for asserting a right to bail or
vindicating its denial
-Habeas corpus is not the proper mode to question conditions of confinement. The writ of habeas
corpus will only lie if what is challenged is the fact of duration of confinement.
-Habeas corpus is not the proper remedy for the correction of the errors which the accused seek
to secure considering that errors of judgment cannot be corrected through the remedy of habeas
corpus
-As a rule, habeas corpus will not lie to correct errors of fact or of law. The only exception to the
rule is when the error:
1. affects the court’s jurisdiction; or
2. is one that would make the judgment absolutely void
SECTION 4, RULE 102. WHEN WRIT NOT ALLOWED
OR DISCHARGE AUTHORIZED
Instances when writ is not allowed or when person is not discharged after issue of
writ:

The writ shall not be allowed:

(a) If the person alleged to be restrained of his liberty is in the custody of an officer
under process issued by a court or judge or by virtue of a judgment or order of a
court of record and that the court or judge had jurisdiction to issue the process,
render the judgment or make the order
SECTION 4, RULE 102. WHEN WRIT NOT ALLOWED
OR DISCHARGE AUTHORIZED
(b) If the jurisdiction appears after the writ is allowed;

(c) If a person is charged with or convicted of an offense in the Philippines;

(d) If a person is suffering imprisonment under a lawful judgment

(e) If a person arrested under Section 18 of Republic Act No. 9372 is detained for a
period of not more than three (3) days following his arrest for custodial
investigation
RE: PROPOSED RULE ON CUSTODY OF MINORS AND WRIT OF
HABEAS CORPUS
IN RELATION TO CUSTODY OF MINORS
RULE ON CUSTODY OF MINORS AND WRIT OF HABEAS CORPUS
IN RELATION TO CUSTODY OF MINORS

SECTION 1. Applicability. - This rule shall apply to petitions for custody of minors and writs of
habeas corpus in relation thereto.
The Rules of Court shall apply suppletorily.
Section 2. Petition for custody of minors; who may file.- A verified petition for the rightful
custody of a minor may be filed by any person claiming such right. The party against whom it
may be filed shall be designated as the respondent.
Section 3. Where to file petition. - The petition for custody of minors shall be filed with the
Family Court of the province or city where the petitioner resides or where the minor may be
found.
RE: PROPOSED RULE ON CUSTODY OF MINORS AND WRIT OF
HABEAS CORPUS
IN RELATION TO CUSTODY OF MINORS
Section 4. Contents of petition. - The verified petition shall allege the following:
(a) The personal circumstances of the petitioner and of the respondent;
(b) The name, age and present whereabouts of the minor and his or her relationship to the petitioner and the
respondent;
(c) The material operative facts constituting deprivation of custody; and
(d) Such other matters which are relevant to the custody of the minor.
The verified petition shall be accompanied by a certificate against forum shopping, which the petitioner must sign
personally.
Section 5. Summons; personal service on respondent. - If the court is satisfied that the petition is sufficient in form
and substance, it shall direct the clerk of court to issue summons, which shall be served together with a copy of the
petition personally on the respondent.
Section 6. Motion to Dismiss. - A motion to dismiss the petition is not allowed except on the ground of lack of
jurisdiction over the subject matter or over the parties. Any other ground that might warrant the dismissal of the
petition may be raised as an affirmative defense in the answer.
RE: PROPOSED RULE ON CUSTODY OF MINORS AND WRIT OF
HABEAS CORPUS
IN RELATION TO CUSTODY OF MINORS
Section 7. Verified Answer. - The respondent shall file an answer to the petition, personally verified by him, within
five days after service of summons and a copy of the petition.
Section 8. Case study; duty of social worker. - Upon the filing of the verified answer or the expiration of the period
to file it, the court may order a social worker to make a case study of the minor and the parties and to submit a report
and recommendation to the court at least three days before the scheduled pre-trial.
Section 9. Notice of mandatory pre-trial. - Within fifteen days after the filing of the answer or the expiration of the
period to file answer, the court shall issue an order: (1) fixing a date for the pre-trial conference; (2) directing the
parties to file and serve their respective pre-trial briefs in such manner as shall ensure receipt thereof by the adverse
party at least three days before the date of pre-trial; and (3) requiring the respondent to present the minor before the
court.
The notice of its order shall be served separately on both the parties and their respective counsels. The pre-trial is
mandatory.
RE: PROPOSED RULE ON CUSTODY OF MINORS AND WRIT OF
HABEAS CORPUS
IN RELATION TO CUSTODY OF MINORS
Section 10. Contents of pre-trial brief. - The pre-trial brief shall contain the following:
(a) A statement of the willingness of the parties to enter into agreements that may be allowed by law, indicating its terms;
(b) A concise statement of their respective claims together with the applicable laws and authorities;
(c) Admitted facts and proposed stipulations of facts;
(d) The disputed factual and legal issues;
(e) All the evidence to be presented, briefly stating or describing its nature and purpose;
(f) The number and names of the witnesses and their respective affidavits which shall serve as the affiant's testimony on direct examination; and
(g) Such other matters as the court may require to be included in the pre-trial brief.
Failure to file the pre-trial brief or to comply with its required contents shall have the same effect as failure to appear at the pre-trial.
Section 11. Effect of failure to appear at the pre-trial.-(a) If the petitioner fails to appear personally at the pre-trial, the case shall be dismissed, unless his counsel or
a duly authorized representative appears in court and proves a valid excuse for the non-appearance of the petitioner.
(b) If the respondent has filed his answer but fails to appear at the pre-trial, the petitioner shall be allowed to present his evidence ex parte. The court shall then render
judgment on the basis of the pleadings and the evidence thus presented.
RE: PROPOSED RULE ON CUSTODY OF MINORS AND WRIT OF
HABEAS CORPUS
IN RELATION TO CUSTODY OF MINORS
Section 12. What may be done at pre-trial. - At the pre-trial, the parties may agree on the custody of the minor. If the parties fail to agree,
the court may refer the matter to a mediator who shall have five days to effect an agreement between the parties. If the issue is not settled
through mediation, the court shall proceed with the pre-trial conference, on which occasion it shall consider such other matters as may
aid in the prompt disposition of the petition.
Section 13. Provisional order awarding custody. - After an answer has been filed or after expiration of the period to file it, the court may
issue a provisional order awarding custody of the minor. As far as practicable, the following order of preference shall be observed in the
award of custody:
(a) Both parents jointly;
(b) Either parent, taking into account all relevant considerations, especially the choice of the minor over seven years of age and of
sufficient discernment, unless the parent chosen is unfit;
(c) The grandparent, or if there are several grandparents, the grandparent chosen by the minor over seven years of age and of sufficient
discernment, unless the grandparent chosen is unfit or disqualified;
(d) The eldest brother or sister over twenty-one years of age, unless he or she is unfit or disqualified;
(e) The actual custodian of the minor over twenty-one years of age, unless the former is unfit or disqualified; or
(f) Any other person or institution the court may deem suitable to provide proper care and guidance for the minor.
 RE: PROPOSED RULE ON CUSTODY OF MINORS AND WRIT OF
HABEAS CORPUS
IN RELATION TO CUSTODY OF MINORS
Section 14. Factors to consider in determining custody. - In awarding custody, the court shall consider the best interests of the minor and shall give paramount consideration to his
material and moral welfare. The best interests of the minor refer to the totality of the circumstances and conditions as are most congenial to the survival, protection, and feelings of
security of the minor encouraging to his physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth
and development of the minor.
The court shall also consider the following:
(a) Any extrajudicial agreement which the parties may have bound themselves to comply with respecting the rights of the minor to maintain direct contact with the non
custodial parent on a regular basis, except when there is an existing threat or danger of physical, mental, sexual or emotional violence which endangers the safety and best
interests of the minor;
(b) The desire and ability of one parent to foster an open and loving relationship between the minor and the other parent;
(c) The health, safety and welfare of the minor;
(d) Any history of child or spousal abuse by the person seeking custody or who has had any filial relationship with the minor, including anyone courting the parent;
(e) The nature and frequency of contact with both parents;
(f) Habitual use of alcohol, dangerous drugs or regulated substances;
(g) Marital misconduct;
(h) The most suitable physical, emotional, spiritual, psychological and educational environment for the holistic development and growth of the minor; and
(i) The preference of the minor over seven years of age and of sufficient discernment, unless the parent chosen is unfit.
RE: PROPOSED RULE ON CUSTODY OF MINORS AND WRIT OF
HABEAS CORPUS
IN RELATION TO CUSTODY OF MINORS
Section 15. Temporary visitation rights. - The court shall provide in its order awarding provisional custody appropriate visitation rights to the non-custodial parent or
parents, unless the court finds said parent or parents unfit or disqualified.
The temporary custodian shall give the court and non custodial parent or parents at least five days' notice of any plan to change the residence of the minor or take him
out of his residence for more than three days provided it does not prejudice the visitation rights of the non-custodial parent or parents.
Section 16. Hold Departure Order. - The minor child subject of the petition shall not be brought out of the country without prior order from the court while the
petition is pending.
The court, motu proprio or upon application under oath, may issue ex parte a hold departure order, addressed to the Bureau of Immigration and Deportation, directing
it not to allow the departure of the minor from the Philippines without the permission of the court.
The Family Court issuing the hold departure order shall furnish the Department of Foreign Affairs and the Bureau of Immigration and Deportation of the Department
of Justice a copy of the hold departure order within twenty-four hours from its issuance and through the fastest available means of transmittal.
The hold departure order shall contain the following information:
(a) The complete name (including the middle name), the date and place of birth, the nationality and the place of last residence of the person against whom a hold
departure order has been issued or whose departure from the country has been enjoined;
(b) The complete title and docket number of the case in which the hold departure order was issued;
(c) The specific nature of the case;
(d) The date of the hold departure order; and
(e) A recent photograph, if available, of the party against whom a hold departure order has been issued or whose departure from the country has been enjoined.
The court may recall the hold departure order motu proprio, or upon verified motion of any of the parties after summary hearing, subject to such terms and conditions
as may be necessary for the best interests of the minor.
RE: PROPOSED RULE ON CUSTODY OF MINORS AND WRIT OF
HABEAS CORPUS
IN RELATION TO CUSTODY OF MINORS
Section 17. Protection Order. - The court may issue a Protection Order requiring any person:
(a) To stay away from the home, school, business, or place of employment of the minor, other parent or any other party, or from any other specific place designated by
the court;
(b) To cease and desist from harassing, intimidating, or threatening such minor or the other parent or any person to whom custody of the minor is awarded;
(c) To refrain from acts of commission or omission that create an unreasonable risk to the health, safety, or welfare of the minor;
(d) To permit a parent, or a party entitled to visitation by a court order or a separation agreement, to visit the minor at stated periods;
(e) To permit a designated party to enter the residence during a specified period of time in order to take personal belongings not contested in a proceeding pending
with the Family Court; and
(f) To comply with such other orders as are necessary for the protection of the minor.
Section 18. Judgment. - After trial, the court shall render judgment awarding the custody of the minor to the proper party considering the best interests of the minor.
If it appears that both parties are unfit to have the care and custody of the minor, the court may designate either the paternal or maternal grandparent of the minor, or
his oldest brother or sister, or any reputable person to take charge of such minor, or commit him to any suitable home for children.
In its judgment, the court may order either or both parents to give an amount necessary for the support, maintenance and education of the minor, irrespective of who
may be its custodian. In determining the amount of support, the court may consider the following factors: (1) the financial resources of the custodial and non-
custodial parent and those of the minor; (2) the physical and emotional health, special needs, and aptitude of the minor; (3) the standard of living the minor has been
accustomed to; and (4) the non-monetary contributions that the parents would make toward the care and well-being of the minor.
The court may also issue any order that is just and reasonable permitting the parent who is deprived of the care and custody of the minor to visit or have temporary
custody.
RE: PROPOSED RULE ON CUSTODY OF MINORS AND WRIT OF
HABEAS CORPUS
IN RELATION TO CUSTODY OF MINORS
Section 19. Appeal. - No appeal from the decision shall be allowed unless the appellant has filed a motion for reconsideration or new trial within
fifteen days from notice of judgment.
An aggrieved party may appeal from the decision by filing a Notice of Appeal within fifteen days from notice of the denial of the motion for
reconsideration or new trial and serving a copy thereof on the adverse parties.
Section 20. Petition for writ of habeas corpus. - A verified petition for a writ of habeas corpus involving custody of minors shall be filed with the
Family Court. The writ shall be enforceable within its judicial region to which the Family Court belongs.
However, the petition may be filed with the regular court in the absence of the presiding judge of the Family Court, provided, however, that the
regular court shall refer the case to the Family Court as soon as its presiding judge returns to duty.
The petition may also be filed with the appropriate regular courts in places where there are no Family Courts.
The writ issued by the Family Court or the regular court shall be enforceable in the judicial region where they belong.
The petition may likewise be filed with the Supreme Court, Court of Appeals, or with any of its members and, if so granted, the writ shall be
enforceable anywhere in the Philippines. The writ may be made returnable to a Family Court or to any regular court within the region where the
petitioner resides or where the minor may be found for hearing and decision on the merits.
Upon return of the writ, the court shall decide the issue on custody of minors. The appellate court, or the member thereof, issuing the writ shall be
furnished a copy of the decision.
DISTINCTIONS BETWEEN WRITS OF AMPARO
AND HABEAS DATA
Nature, scope and function
Essential allegations/ contents of the
petition
HABEAS CORPUS
All cases of illegal confinement and
detention which any person is deprived of
his liberty; or rightful custody of any person
is withheld from the person entitled
Signed and verified either by the party for
whose relief it is intended or by some
person on his behalf, setting forth:
-The person in whose behalf the application
is made is imprisoned or restrained of his
liberty
-Name of the person detaining another or
assumed appellation
-Place where he is imprisoned or restrained
of his liberty
-Cause of detention, or allegation that
there’s none
AMPARO
Involves right to life, liberty and security
violated or threatened with violation by an
unlawful act or omission of a public official
or employee or a private individual or entity.
It covers extra legal killings and enforced
disappearances or threats thereof
Signed and verified and shall allege:
-The personal circumstances of the
petitioner
-Name or appellation and circumstances of
the respondent
-The right to life, liberty and security
violated or threatened with violation
-The investigation conducted, if any, plus
circumstances of each
-The actions and recourses taken by the
petitioner
-Relief prayed for
HABEAS DATA
Involves the right to privacy in life, liberty or
security of the aggrieved party and covers
extra legal killings and enforced
disappearances.
Verified and written petition shall contain:
-Personal circumstances of petitioner and
respondent
-Manner in which the right to privacy is
violated or threatened and its effects
-Actions and recourses taken by the
petitioner to secure the data or information
-The reliefs prayed for
CASES ON WRIT OF HABEAS CORPUS

1. REYES v DIRECTOR, G.R. NO. 254838, JAN. 17, 2023

2. AMPATUAN v MACARAIG, G.R. NO. 182497, JUNE 29,
2010
3. IN RE: THE WRIT OF HABEAS CORPUS FOR
REYNALDO DE VILLA, G.R NO. 158802, NOV. 17, 2004