Section 15. Privilege of the Writ of Habeas Corpus Flashcards
Section 15 codal provision
The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion or rebellion when public safety requires it.
Writ of Habeas Corpus, Definition
A writ of habeas corpus is an order issued by a court directed to a person
detaining another, commanding him to produce the body of the prisoner at
a designated time and place, and to explain the cause of detention.
What are the grounds for suspension of the privilege of the Writ of
Habeas Corpus?
Only in cases of (1) invasion or (2) rebellion, when the public
safety requires it,
What is the effect of a valid suspension?
Applies only to persons judicially charged for rebellion or offenses
inherent in or directly connected with invasion.
When is the Writ of Habeas Corpus available?
When there is an unlawful deprivation of liberty, which actually or effectively restricts the freedom of action.
NOTE — An assertion that a person is illegally confined or detained, in general, may involve any of the following —
1. A violation of the accused’s constitutional rights resulting in the restraint of a person
2. The court trying the case had no jurisdiction to impose the sentence
3. The penalty imposed is excessive or beyond what the court could legally impose, thus voiding the sentence as to the excess. (Harden vs Director of Prisons 1948)
Can the deprivation of liberty only involve actual, physical restraint or detention?
It is not physical restraint alone which is inquired into by the writ of habeas corpus. In this case the SC granted it on the basis of the following restraints: (1) petitioner must get permission of respondents if he wants to travel outside Metro Manila. (Restriction on Freedom to Travel) (2) Permission needed also if he wants to change place of residence. (Restriction to Liberty of Abode) (3) That he should not “participate in any interview conducted by any local or foreign mass media representatives nor give any press release or information that is inimical to the interest of national security.” (Restriction on Freedom of Speech)
Can the deprivation of liberty only involve actual, physical restraint or detention?
The forcible taking of these women from Manila by officials of that city, who handed them over to other parties, who deposited them in a distant region, deprived these women of freedom of locomotion just as effectively as if they had been imprisoned. Placed in Davao without either money or personal belongings, they were prevented from exercising the liberty of going when and where they pleased. The restraint of liberty which began in Manila continued until the aggrieved parties were returned to Manila and released or until they freely and truly waived his right.
When is the Writ of Habeas Corpus NOT available?
When there is no deprivation of liberty or restraint
When the deprivation of liberty or restrain is legal
To correct alleged erroneous orders of the court - A writ of habeas corpus is not intended as a substitute for the functions of the trial court. In the absence of exceptional circumstances, the orderly course of the trial should be pursued and the usual remedies exhausted before the writ may be invoked.
When person deprived of liberty through involuntary restraint/detention has already been released EXCEPT —
a. If the release was conditional such that the conditions still about to effective restrictions of constitutional rights
(See Moncupa vs Enrile 1986; Villavicencio vs Lukban 1919)
b. If then release was not adequately proven by the respondent and grave doubts are raised (Dizon vs Eduardo 1988)
When the illegal detention becomes legal by virtue of court processes
When the privilege of availing of the writ is suspended by the President.
