Writ of Habeas Corpus

The Writ of
Habeas
Corpus
Essence
The writ of habeas corpus
involves the right to liberty.
It extends to all cases of

illegal confinement or
detention by which any
person is deprived of his
liberety, or by which the
rightful custody of any
person is witheld from the
person entitled thereto
Habeas Corpus literally means
you have the body in Latin
Definitio Devised and exists as a
n and speedy and effectual remedy
to relieve persons from
Purpose unlawful restraint
The purpose of the writ is to
inquire into all manner of
involuntary restraint as
distinguished from voluntary
and to relieve a peron
thereform if such is illegal
Separate and distinct
from which the
Nature proceedings spring
Rarely touches the merits
of the case
It deals simply with the
detention of the prisoner
and stop with the
authority by virtue of
which he is detained
It is a writ directed to the
person detaining another,
Availabili commanding him to produce
ty the body of the prisoner at a
designated time and place,
with the day and cause of his
caption and detention, to do,
submit to, and receive
whatever the court or judge
awarding the writ shall
consider in that behalf
All cases of illegal
confinement or detention by
Coverage which any person is deprived
of his liberty
The rightful custody of any
person is witheld from the
person entitled thereto
Party for whose relief it is
intended, or by some person
Who may on his behalf
file
1.RTC where the person is
detained
2.Sandiganbayan
3.CA
4.SC
5.Or any Justice of the 3
preceding courts
May be granted by the SC
Who may or any member thereof in
the instances authorized
grant the
by law, and if so granted it
writ shall be enforceable
anywhere in the Ph
It may also be granted by
eh RTC or a judge thereof,
on any day and at any
time
1. Must be signed and verified
2. Person in whose behalf the
Contents application is made is
of the imprisoned or restrained of his
Petition liberty
3. Officer or name of the
person by whom he is so
imprisoned or restrained
4. Place where he is so
imprisoned or restrained, if
known and
5. Copy of the commitment or
cause of detention of such
person
1. Whether he has or has not the party in
the custody or power, or under
restraint;
2. If the party is in his custody or power,
or under restraint the authority and
Contents the true and whole cause thereof with
a copy of the writ, order, execution, or
of the other processes upon which the party
Return 3.
is held
If the party is not produced nature
and gravity of sickness or infirmity
4. If the party was in his custody and has
transferred such custody or restraint to
another to whom, at what time, for
what cause and by what authority such
transfer was made
When the person alleged to be restrained
of his liberty is in custody of an officer
1. Under process issued by a court or
When judge
writ not 2. By virtue of a judgment or order of a
court of record
allowed 3. The court or judge had jurisdiction to
issue the process, render the
or judgment or make the order
discharg The discharge of the writ of HC shall not be

e authorized upon showing that a
person is charged with; convicted
authorize of an offense or suffering
imprisonment under lawful
d judgment
AMPATUAN v MACARAIG
Atty. Dalig, head of Comelec was killed.
RESTRICT PO1 Ampatuan was identified as the
perpetrator
IVE Probable cause was found
Ampatuan was put under Restrictive Custody
CUSTODY Prosecutor recommended further investigation
and Ampatuans release from custody in the
meantime.
Ampatuan filed for a writ of Habeas Corpus
HELD: Ampatuan cannot be released. He is in

restrictive custody under RA 6975 wherein
police officers are under the disciplinary
machinery of the PNP
There is valid grounds for Ampatuans
continued detention
BARREDO v VINARAO
Barredo was convicted for carnapping and
CUSTODY illegal possession of firearms and sentenced
for 30 years, and 18 yaers.
BY He claims that he has already served a total
LAWFUL of 18 years and entitled to parole
He claims that under the rule on good
JUDGEME conduct, he should only serve 14 years
NT
HELD: Not entitled to the writ. Barredo was
detained pursuant to a final judgement of QC
RTC.
Barredo has served the minimum for
carnapping, but not yet the minimum for
illegal possession of firearms.
While Habeas Corpus is a writ of right, it
will not issue as a matter of course
When Judicial discretion is called for in its
issuance
Writ There must be PRIMA FACIE evidence that
should the petitioner is entitled to the writ
Only when the court is satisfied that a
be person is being unlawfully restrained of
granted his liberty will the writ be granted.
Contemplates 2 issues
Deprivation of persons liberty through
illegal confinement or detention
Withholding custody from someone
lawfully entitled to such custody
IN MATTER OF THE PETITION FOR HABEAS
CORPUS OF EUFEMIA E. RODRIGUEZ
Eufemia, 94 years old, was living with her
CASE nephew/guardian, Edgardo.
STUDY Luisa Villanueava and Teresita Pabello (adopted
children) took Eufemia and refused to bring her
back despite Edgardos demands.
Edgardo filed for HC
HELD: Writ cannot be issued. Writ extends to

cases of illegal confinement or detention where
a person is deprived of their liberty or rightful
custody of a person is withheld.
Edgardo admits he is not the legal custodian of
Euphemia
There is no proof that Eufemia was being
detained and restrained of her liberty.
Writ is Directed to
If officer imprisons or restrains: to him
How writ If not an officer: to an officer who is
directed to take and have the body of the
is served restrained
How is prisoner designated and writ served

Designated in the writ by his name, if
known or otherwise described or identified
Writ is served by the sheriff or other proper
officer to the person whom it is directed
General Rule: Once a person is released
upon Writ of HC, he cannot be imprisoned for
Person the same offense.
discharg Exception: When the Court having

ed jurisdiction of the cause or offense orders his
recommitment
cannot
be
imprison
ed again
As a consequence of a Judicial Proceeding
There has been a deprivation of a constitutional
right resulting in the restraint of a person
The court had no jurisdiction to issue the
Other sentence
An excessive penalty has been impose, as such
instances it is void
where In custody cases
writ may Writ may be resorted to in cases where rightful
custody is withheld from a person entitled
be issued thereto.
E.g. Parents were living with in-laws. Father left
due to in-law problems. He was then prevented
from seeing his son.
In the absence of judicial grant of custody, both
parents are entitled to the custody of their child.

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Writ of Habeas Corpus

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The Writ of

It extends to all cases of

discharg The discharge of the writ of HC shall not be

HELD: Ampatuan cannot be released. He is in

HELD: Writ cannot be issued. Writ extends to

How is prisoner designated and writ served

discharg Exception: When the Court having

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