Writ of Habeas Corpus Flashcards
Does the Writ of Habeas Corpus apply to all cases?
The writ of habeas corpus extends 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. (Sec. 1, Rule 102, ROC)
Can the Writ of Habeas Corpus be recognized as a post conviction remedy?
However, jurisprudence has recognized that the writ of habeas corpus may also be availed of as a post-conviction remedy when, as a consequence sentence as to circumstance of a judicial proceeding, any of the following exceptional circumstances is attendant:
- There has been a deprivation of a constitutional right resulting in the restraint of a person;
- The court had no jurisdiction to impose the sentence; or
- The imposed penalty has been excessive, thus voiding the sentence as such excess.
(In Re: The Writ of Habeas Corpus for Michael Labrador Abellana)
When to invoke?
Once a deprivation of a constitutional right is shown to exists such as arbitrary detention without charges filed in Court, habeas corpus is the appropriate remedy to assail the legality of the detention. (Conde v. Diaz, 45 Phil. 173)
What is the prescribed period of detention of
persons arrested prior to filing of charges?
Twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent;
- Eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent; and
Thirty-six (36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent.
Q: Can a petition for habeas corpus be filed to assail the detention of an accused who was arrested by mistaken identity?
YES. Habeas corpus is the proper remedy for a person deprived of liberty due to mistaken identity. In such cases, the person is not under any lawful process and is continuously being illegally detained. (In the Matter of the Petition for Habeas Corpus of Datukan Malang Salibo v. Warden)
