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HABEAS CORPUS
The restraint must be actual, effective and material. The person need not actually be
confined as long as freedom of action is limited. (Moncupa vs. Enrile, GR No. 61107, Apr.
26, 1983)
Writ of Habeas Corpus - a command directed to the person detaining another, requiring
him to produce the body of the person detained at a designated time and place, and to
produce and to show cause and to explain the reason for detention.
PURPOSE
The essential object and purpose of the writ of habeas corpus is to inquire into all manner
of involuntary restraint as distinguished from voluntary, and to relieve a person therefrom
if such restraint is illegal. (Moncupa vs. Enrile, supra)
And any further rights of the parties are left untouched by decision on the writ, whose
principal purpose is to set the individual at liberty. (Villavicencio vs. Lukban)
The privilege of writ is so sacred that, according to our CONSTITUTION, it shall not be
suspended except in cases of invasion or rebellion when public security requires it (Art.
III, Sec. 15).
Whether the State can reserve the power to re-arrest a person for an offense after
a court of competent jurisdiction has absolved him of the offense.
We hold that such a reservation is repugnant to the government of laws and not of men
principle. Under this principle, the moment a person is acquitted on a criminal charge he
can no longer be detained or re-arrested for the same offense. (Moncupa vs. Enrile)
Requisites for the issuance of the Writ in cases by which the rightful custody of the
person of a minor is withheld from the person entitled thereto
1. that the petitioner has the right to the custody over the minor
2. that the rightful custody of the minor is being withheld from the petitioner by the
respondent
3. that it is to the best interest of the minor concerned to be in the custody of the
petitioner and not that of respondent. (Sombong vs. CA, January 31, 1996)
Whether the petition for the writ of habeas corpus may be properly filed together
with the petition for certiorari and mandamus
The Court ruled that the writs of habeas corpus and certiorari may be ancilliary to each
other where necessary to give effect to the supervisory powers of the higher courts. A
writ of habeas corpus reaches the body and the jurisdictional matters, but not the record.
A writ of certiorari reaches the record but not the body. Hence, a writ of habeas corpus
may be used with the writ of certiorari for the purpose of review. However, habeas corpus
does not lie where the petitioner has the remedy of appeal or certiorari because it will not
be permitted to perform the functions of a writ of error or appeal for the purpose of
reviewing mere errors or irregularities in the proceedings of a court having jurisdiction
over the person and the subject matter. (Galvez, et al. vs. CA, et al., 237 SCRA 685).
The person on bail is not entitled to habeas corpus because his detention is legal and
technical.
Voluntariness is viewed from the point of view of the person entitled to custody.
Preliminary Citation - issued by the court to show cause whether or not the writ should
be issued
An appeal in habeas corpus cases shall be perfected by filing with the clerk of court or
the judge, within 48 hours from notice of judgment, a notice of appeal.
a Family court or to any regular court within the region where the petitioner resides
or where the minor may be found for hearing and decision on the merits.
Distinctions between and among Writs of Habeas Corpus, Amparo, and Data
Constitutional Art. VIII Sec. 5 (1) Art. VIII Sec. 5 (5) Art. VIII Sec. 5 (5)
Basis SC exercise SC is vested with SC is vested with
original jurisdiction the power to the power to
over cases of promulgate rules promulgate rules
habeas corpus concerning concerning
protection and protection and
enforcement of enforcement of
constitutional rights constitutional rights
Rights The right to liberty The right to privacy The right to life,
covered in life, liberty and liberty and security
security
Purpose The writ of habeas To protect the right To ensure that all
corpus was to find out what use efforts at disclosure
devised and exists and for what and investigation
as a speedy and purpose such data are undertaken
effectual remedy are being collected under pain of
to relieve persons as well as to give indirect contempt
from unlawful the petitioner the from this Court
restraint, and as opportunity to when governmental
the best and only question the data efforts are less than
sufficient defense and demand their what the individual
of personal “updating, rectifying situations require.
freedom. A prim or destruction.
specification of an To address the
application for a disappearance, so
writ of habeas that the life of the
corpus is restraint victim is preserved
of liberty. The and his or her liberty
essential object and security
and purpose of restored
the writ of habeas
corpus is to
inquire into all
manner of
involuntary
restraint as
distinguished from
voluntary, and to
relieve a person
therefrom if such
restraint is illegal.
Any restraint
which will
preclude freedom
of action is
sufficient