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Republic of the Philippines

SUPREME COURT
Manila

______________________,
Plaintiff-Appellant,
G.R. No. _____________
- versus -
(Designation of the Pleading)
______________________,
Defendant-Appellee,
x-----------------x
PETITION

COMES NOW the Petitioner, by the undersigned attorney, and unto this

Honorable Court, respectfully avers:

1. That petitioner _____________ is of legal age, married and a resident of

_____________, Philippines, while respondent is also of legal age and may be

served with summons, writs and all orders of the Honorable Court at his office

address at _____________, Philippines;

2. That the petitioner, _____________, in whose behalf this application is being

made, is actually restrained of his liberty by the respondent _____________ who

is the Chief of Police of _____________ at the _____________ Police Station;

3. That sometime in the morning of _____________, petitioner was taken into

custody by the said respondent without a warrant of arrest and detained at the

_____________ Police Station without any criminal charges being filed against

him before the proper judicial authorities despite the lapse of ________ (______).

Moreover, petitioner was taken by the respondent not under any of the

circumstances where a warrantless arrest is allowed by the law or the Rules of

Court;
4. That such restraint of liberty of the petitioner by the respondent is therefore

without any legal authority;

5. That the petitioner through counsel has exhausted all efforts available at law but

to no avail, and that he has no other plain, speedy, and adequate remedy to

protect his personal rights and secure his personal liberty except by his

application for a Writ of Habeas Corpus.

PRAYER

WHEREFORE, petitioner most respectfully prays that a Writ of Habeas Corpus

be issued by this Honorable Court, directed to the respondent _____________

commanding the latter to produce the body of _____________ before this Court at the

time and place therein specified, and to summon the respondent _____________ then and

there to appear and to show cause of the detention of said _____________; and that after

due proceedings, the said _____________ be restored of his liberty and forthwith

discharged from confinement .

_____________, Philippines, __Date__.

(COUNSEL)

VERIFICATION AND CERTIFICATION

REPUBLIC OF THE PHILIPPINES)


Province of ____________________) S.S.
City/Municipality of _____________)
x-----------------------x

I, _____________, of legal age, Filipino, (single / married / widow), and a


resident of _____________, Philippines, after being sworn in accordance with law,
hereby depose and say:
That I am the (Plaintiff / Complainant / Petitioner) in the above-entitled case; That
I have caused the preparation of the above (Complaint / Petition) and I have read the
same and knows the contents thereof; That the allegations contained therein are true and
correct of my own personal knowledge.

That I further certify that: (a) I have not theretofore commenced any other action or
proceeding or filed any claim involving the same issues or matter in any court, tribunal, or
quasi-judicial agency and, to the best of my knowledge, no such action or proceeding is
pending therein; (c) if I should thereafter learn that the same or similar action or proceeding
has been filed or is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or quasi-judicial agency, I undertake to report such fact within five (5) days
therefrom to the court or agency wherein the original pleading and sworn certification
contemplated herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at


_____________, Philippines.

AFFIANT

SUBSCRIBED AND SWORN to before me, this _____________, by


_____________ who exhibited to me (his/her) Community Tax Certificate No.
_____________ issued at _____________, Philippines on _____________.

NOTARY PUBLIC

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of ______;

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