Habeas Corpus Flashcards
What is the coverage of the writ of habeas corpus?
Deprivation of liberty
Deprivation of the rightful custody of any person from the person entitled thereto
Writ may be availed of under exceptional circumstances:
There has been a deprivation of a constitutional right resulting in the restraint of a person
The court has no jurisdiction to impose the
sentence
Imposed penalty has been excessive as to such excess
(Go vs. Dimagiba, June 21, 2005)
Who may grant the writ?
Supreme Court (Section 5, Article VIII, 1987
Constitution)
◦ Or any member thereof (Sec. 2, Rule 102)
◦ Writ issued by SC is enforceable anywhere in the Philippines, (id.)
◦ Returnable before the SC, or any member thereof, or before the CA or any member thereof, or the RTC or any Judge thereof. (id.)
Court of Appeals (Section 9, B.P. 129)
◦Or any member thereof, (Sec. 2, Rule 102)
◦Writ issued by CA is enforceable anywhere in the Philippines, (id.)
◦Returnable before the CA or any member thereof, or the RTC or any Judge thereof.
(id.)
Regional Trial Court (Section 21, B.P.
129)
◦Or any judge thereof (Sec. 2, Rule 102)
◦Writ issued by RTC is enforceable within its judicial region, (id.)
◦Returnable before the judge thereof, (id.)
Sandiganbayan (Section 4 (c), par. 4, R.A. 8049, amended by RA10660)
◦ The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar nature, including quo warranto, arising or that may arise in cases filed or which may be filed under Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986:
◦ Provided, that the jurisdiction over these petitions shall not be exclusive of the Supreme Court.
Who may file the Petition?
Section 3, Rule 102
By a party for whose relief it is intended
By some person on behalf of the person in whose behalf the petition is filed
What are the form and contents of the Petition?
The petition must be signed and verified by a party for whose relief it is intended or some person on behalf of the person in whose behalf the petition is filed.
Must contain the following:
◦ That the person in whose behalf the application is made is imprisoned or restrained
◦ The officer or name of the person by whom he is imprisoned or restrained.
◦ The place where he is so imprisoned or restrained, if known
◦ Copy of the commitment or cause of detention of such person, if it can it be procured without impairing the efficiency of the remedy or, if the imprisonment or restraint is without legal authority, such fact must be
shown.
◦ (Section 3, Rule 102)
true or false. A judge may grant a writ of habeas corpus without the pertinent copies of detention and judgment of conviction. To do so would be contrary to the provision of Section 3(d), Rule 102.
False.
A judge cannot grant a writ of habeas corpus without the pertinent copies of detention and judgment of conviction. To do so would be contrary to the provision of Section 3(d), Rule 102.
Instances where the writ are not allowed
If the person is under custody by virtue of the process issued by the court or judge
By virtue of a judgment or order of a court of record which has jurisdiction to issue the process, render judgment or make order;
If the person is charged;
If the person is convicted;
If the person is suffering imprisonment under lawful judgment.
(Section 4, Rule 102)
Carla filed a complaint before the police station for rape against Louie allegedly committed three (3) months ago. Louie was invited for questioning in the police station regarding the complaint filed by Carla, to which Louie acceded. However, instead of being just questioned, Louie was detained. Louie protested the arrest. Consequently, through his lawyer, Louie filed a Petition for Writ of Habeas Corpus before the Regional Trial Court against the police officers who detained him.
Meanwhile, an Information for rape was filed against Louie. Thus, the Court where the case was raffled issued a commitment order to transfer the
custody of the accused from the police station to the BJMP.
With this development, would it be proper for the Court to grant the Petitioner for Writ of Habeas Corpus?
No. It is not proper for the Court to grant the Petition for Writ of Habeas Corpus.
Section 4, Rule 102 provides for the instances where the writ shall not be allowed. One of which is when the person is under custody by virtue of the
process issued by the court or judge. In this case, the Louie is under custody
because of the case filed against him in court and the commitment order
issued by the same court. Thus, there is legal ground to detain Louie.
“[T]he filing of charges, and the issuance of the corresponding warrant of
arrest, against a person invalidly detained will cure the defect of that
detention or at least deny him the right to be released because of such
defect.“ (Sanchez vs. Demetriou, 227 SCRA 627 [1993]).
Facts: Atty. Dalaig, head of the legal department of Comelec was killed. PO1 Ampatuan was identified as the perpetrator.
Accordingly, he was arrested and subjected to an inquest proceedings. Meanwhile, an administrative case for grave misconduct was filed against PO1 Ampatuan. The Chief PNP, on account of the administrative complaint filed against him, subjected PO1 Ampatuan to a restrictive custody.
Meanwhile, the Prosecutor’s Office recommended further investigation on the criminal case filed against PO1 Ampatuan and ordered his release. He was not released by the PNP.
Will writ of habeas corpus lie?
Writ of Habeas Corpus will not lie.
The restrictive custody of PO1 Ampatuan is valid and in accordance with law. Restrictive custody of the members of the PNP facing administrative charges may be placed under restrictive custody under RA 6975 as amended by RA 8551.
Therefore, the confinement of PO1 Ampatuan is by virtue of the authority of the law.
(Ampatuan vs. Macaraig, G.R. No. 142497,
June 29, 2010)
Will petition for habeas corpus prosper when detention is illegal from the beginning but becomes legal?
Even granting that a person was illegally arrested, still
the petition for a writ of habeas corpus will not
prosper because his detention has become legal by
virtue of the filing before the trial court of the
complaint against him and by the issuance of the order denying the accused’s motion to dismiss or grant bail and granting the motion of the prosecution for the issuance of a hold departure order. The order qualifies as a process within the meaning of Section 4, Rule 102.
What happen if the petition is sufficient in form and substance?
SECTION 5.When the Writ Must Be Granted
and Issued. — A court or judge authorized to grant
the writ must, when a petition therefor is presented
and it appears that the writ ought to issue, grant the
same forthwith, and immediately thereupon the clerk of the court shall issue the writ under the seal of the
court; or in case of emergency, the judge may issue the writ under his own hand, and may depute any officer or person to serve it.
To whom “writ” is directed?
if officer: The writ shall command him to have
the body of the person restrained of his liberty before the court or judge designated in the writ at the time and place therein specified.
if non-officer: The writ shall command the officer to have the body of the person restrained of his liberty before the court or judge designated in the writ at the time and place therein specified.
Duty to make a “return”
SECTION 8. How Writ Executed and Returned. — 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 his absence or disability, before some other judge of
the same court, on the day specified in the writ, unless, from sickness or infirmity of the person directed to be produced, such person cannot, without danger, be brought before the court or judge; and the officer shall make due return of the writ, together with the day and the cause of the caption and restraint of such person according to the command thereof.
Contents of the Return
(a) Whether he has or has not the party in his custody or power, or under restraint;
(b) 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;
(c) 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 brought before the court or judge;
(d) 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.
Writ vs. Privilege of the Writ of Habeas Corpus
A writ of habeas corpus is issued by the Court after finding that the petition is sufficient in form and substance. It is an order commanding the person who has custody of the person detained or an officer commanding him to bring the person detained before the court on the designated time and place.
The privilege of the writ of habeas corpus is issued after the return is filed and a hearing was conducted. If the Court finds the person is illegally detained or whose custody is being possessed by a person who
is not authorized by law, the petition will be granted and the privilege of the writ of habeas corpus will be issued.
