top of page

RULE 102

HABEAS CORPUS

SECTIONS 1-5

SECTION 1. To what habeas corpus extends.

 

   Except as otherwise expressly provided by law, the writ of habeas corpus shall extend 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.

 

Habeas corpus

      -  is the remedy in all cases of illegal confinement or detention or where the rightful custody of a person is withheld from one entitled to such custody. 

 

It may be availed of where, as a consequence of a judicial proceeding,

               a) there has been a deprivation of a constitutional right resulting in

                   the restraint of a person,

               b) the court had no jurisdiction to impose the sentence, or

               c) an excessive penalty has been imposed, such sentence being

                   void as to such excess.

 

  • Under our Constitution, the privilege of the writ of habeas corpus cannot be suspended except in cases of invasion or rebellion when the public safety requires it.

 

  • it has been held that the writ cannot properly be used: to enforce a right to service; to determine whether a person has committed a crime; to determine a disputed interstate boundary line; to punish respondent, or to afford the injured person redress, for the illegal detention; to recover damages or other money award.

​​

  • Excessive Sentence or Penalty may be Corrected by Writ

 

  • The writ of habeas corpus was extended to persons sentenced by final judgment to life imprisonment for violation of the Dangerous Drugs Law the penalty for which was later on reduced, after service of the maximum of the applicable penalties newly prescribed by Republic Act No. 7659.

 

  • The Writ of Habeas Corpus is the Proper Legal Remedy to Enable Parents to Regain Custody of Minor Children The writ of habeas corpus is the: (1) proper legal remedy to enable parents to regain the custody of a minor daughter, even though the latter be in the custody of a third person of her own free will; and (2) that neither the fact that the parents of a minor daughter sought to compel her to marry against her will, where it does not appear such a purpose has continued, nor their refusal to consent to her marriage to another young man, by whom she is pregnant, a legal ground for depriving said parents of their parental authority and the custody of said daughter.

​

​

SECTION 2. Who may grant the writ.

​

      The writ of habeas corpus may be granted by the Supreme Court, or any member thereof in the instances authorized by law, and if so granted it shall be enforceable anywhere in the Philippines, and may be made returnable before the court or any member thereof, or before a Court of First Instance, or any judge thereof for the hearing and decision on the merits. It may also be granted by a Court of First Instance, or a judge thereof, on any day and at any time, and returnable before himself, enforceable only within his judicial district.

 

  • The Supreme Court, the Court of Appeals, and Regional Trial Courts have concurrent jurisdiction to issue writs of habeas corpus. As may be gleaned from the foregoing, it is only when the writ is issued by the Supreme Court or the Court of Appeals that it is enforceable anywhere in the Philippines. If the writ is issued by the Regional Trial Court or the Family Court, the writ is only enforceable within its region.

​

​

SECTION 3. Requisites of application therefor.

​

     Application for the writ shall be by petition signed and verified either by the party for whose relief it is intended, or by some person on his behalf, and shall set forth:

              (a) That the person in whose behalf the application is made is                            imprisoned or restrained on his liberty;

              (b) The officer or name of the person by whom he is so imprisoned                     or restrained; or, if both are unknown or uncertain, such officer                     or person may be described by an assumed appellation and the                     person who is served with the writ shall be deemed the person                      intended;

              (c) The place where he is so imprisoned or restrained, if known;

              (d) A copy of the commitment or cause of detention of such                               person, if it can be procured without impairing the efficiency of                     the remedy; or, if the imprisonment or restraint is without any                       legal authority, such fact shall appear.

​

  • It was held in a case, that a common law spouse has the personality to institute on behalf of her common-law husband Lawrence Larkins, the habeas corpus aspect of the petition, as she falls within the purview of the term "some person" under Section 3, Rule 102 of the Rules of Court, which means any person who has a legally justified interest in the freedom of the person whose liberty is restrained or who shows some authorization to make the application the writ of Habeas corpus may be prosecuted by a person unlawfully imprisoned or restrained of his liberty, or by some person in his behalf.

 

​

SECTION 4. When writ not allowed or discharge authorized.

 

      If it appears that the person alleged to be restrained of his liberty is in the custody of an officer under process issued by a court or judge or by virtue of a judgment or order of a court of record, and that the court or judge had jurisdiction to issue the process, render the judgment, or make the order, the writ shall not be allowed; or if the jurisdiction appears after the writ is allowed, the person shall not be discharged by reason of any informality or defect in the process, judgment, or order. Not shall anything in this rule be held to authorize the discharge of a person charged with or convicted of an offense in the Philippines, or of a person suffering imprisonment under lawful judgment.

 

 

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.

 

  • Petitioner's Temporary Release Does Not Render Petition for Writ Moot and Academic The general rule in a number of cases is that the release, whether permanent or temporary, of a detained person renders the petition for habeas corpus moot and academic, unless there are restraints attached to his release which precludes freedom of action, in which case the Court can still inquire into the nature of his involuntary restraint.

SECTIONS 6-10

SECTION 6. To whom writ directed, and what to require.

 

    In case of imprisonment or restraint by an officer, the writ shall be directed to him, and 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. In case of imprisonment or restraint by a person not an officer, the writ shall be directed to an officer, and shall command him to take and 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, and to summon the person by whom he is restrained then and there to appear before said court or judge to show the cause of the imprisonment or restraint.

 

Distinguish Preliminary Citation from Peremptory writ

 

Preliminary citation - where the person is detained under governmental authority and the illegality of his detention is not patent from the petition for the writ, the court may issue a citation to the government officer haaving the person in his custody to show cause why the writ of habeas corpus should not issue

 

Peremptory writ - is issued when the cause of the detention appears to be patently illegal and the non-compliance wherewith is punishable.

 

 

SECTION 7. How prisoner designated and writ served.

 

      The person to be produced should be designated in the writ by his name, if known, but if his name is not known he may be otherwise described or identified. The writ may be served in any province by the sheriff or other proper officer, or by a person deputed by the court or judge. Service of the writ shall be made by leaving the original with the person to whom it is directed and preserving a copy on which to make return or service. If that person cannot be found, or has not the prisoner in his custody, then the service shall be made on any other person having or exercising such custody.

 

COMMENTS: if the name of the person is certain he/she should be designated in the writ by his/her name, however if not known he may be described or identified service of the writ shall be made on any other person having or exercising such custody IF the subject person cannot be found or has not the prisoner in his custody.

 

 

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 bought 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.

​

Question:

     What is the implication of the return?

​

Answer

   The allegation in the return is deemed admitted if the same are not controverted.

 

 

SECTION 9. Defect of form.

 

    No writ of habeas corpus can be disobeyed for defect of form, if it sufficiently appears therefrom in whose custody or under whose restraint the party imprisoned or restrained is held and the court or judge before whom he is to be brought.

 

Comment:

The essential contents of writ of habeas corpus is it is sufficiently appears therefrom in whose custody or under whose restraint the party imprisoned or restrained is held and the court or judge before whom he is to be brought. As long as the essential contents of such writ is provided it cannot be disobeyed for such mere defect in form.

 

​

SECTION 10. Contents of return.

 

     When the person to be produced is imprisoned or restrained by an officer, the person who makes the return shall state therein, and in other cases the person in whose custody the prisoner is found shall state, in writing to the court or judge before whom the writ is returnable, plainly and unequivocably:

 

     (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 bought 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.

SECTIONS 11-16

SECTION 11. Return to be signed and sworn to.

​

  • The return shall be signed by the person who makes the return;

  • It shall be sworn to by him if the prisoner is not produced.

 

​

SECTION 12. Hearing of Return.

​

  • When the writ is returned before a court, when the court is in session must adjourn the court heard and determined such return;

  • The court must immediately proceed to hear and examine the return and properly submit for consideration;

  • The court shall make such order for the safekeeping of the person imprisoned.

​

​

SECTION 13. When the return evidence and when only a plea.

​

  • If a person restrained of his liberty by any private authority, the return shall be considered only as a plea of the facts therein set forth and the party claiming the custody must prove such facts;

  • The failure of the petitioner to file reply to the return of the writ, warrant the dismissal of his petition, unless the allegation in the return is controverted

 

 

SECTION 14. When person lawfully imprisoned recommitted and when let to bail.

​

  • If person restrained is lawfully imprisoned on a charged and committed to imprisonment or admitted to bail, he shall forthwith file a bond in such sum as the court may deemed reasonable;

  • The court or judge shall certify the proceedings, together with the bond, forthwith to the proper court, if such bond is not filed, the petitioner shall be recommitted to confinement.

 

 

SECTION 15. When prisoner discharged if no appeal.

​

  • When the court or judge is satisfied that such person is unlawfully detained or restrained, shall order the immediate discharge from such confinement, but the discharged is not yet final until copy of the order has been served to person restraining him;

  • If the person detaining him does not appeal within 48 hours, the prisoner shall be forthwith release.

 

​​

SECTION 16. Penalty for refusing to issue writ or for disobeying the same.

​

  • A contempt of court

  • A sum of one thousand pesos shall be forfeited to the party aggrieved.

 

For:

  • A clerk of court who refused to issue the writ after allowance; or

  • A person to whom a writ is directed, who neglects or refuses to obey or make return of the same according to the command or makes false return thereof; or

  • who, upon demand made by or on behalf of the prisoner, refuses to deliver to the person demanding

​

  • NOTE:

      within six (6) hours after the demand therefor, a true copy of the warrant or order of commitment.

SECTIONS 17-19

SECTION 17. Person discharged not to be again imprisoned.

 

       A person who is set at liberty upon a writ of habeas corpus shall not be again imprisoned for the same offense unless by the lawful order or process of a court having jurisdiction of the cause or offense; and a person who knowingly, contrary to the provisions of this rule, recommits or imprisons, or causes to be committed or imprisoned, for the same offense, or pretended offense, any person so set at liberty, or knowingly aids or assists therein, shall forfeit to the party aggrieved the sum of one thousand pesos, to be recovered in a proper action, notwithstanding any colorablepretense or variation in the warrant of commitment, and may also be punished by the court or judge granting the writ as for contempt.

 

 

SECTION 18. When prisoner may be removed from one custody to another.

 

      A person committed to prison, or in custody of an officer, for any criminal matter, shall not be removed therefrom into the custody of another unless by legal process, or the prisoner be delivered to an inferior officer to carry to jail, or, by order of the proper court or judge, be removed from one place to another within the Philippines for trial, or in case of fire epidemic, insurrection, or other necessity or public calamity; and a person who, after such commitment, makes signs, or counter-signs any order for such removal contrary to this section, shall forfeit to the party aggrieved the sum of one thousand pesos, to be recovered in a proper action.

 

 

SECTION 19. Record of writ, fees and costs.

 

      The proceedings upon a writ of habeas corpus shall be recorded by the clerk of the court, and upon the final disposition of such proceedings the court or judge shall make such order as to costs as the case requires. The fees of officers and witnesses shall be included in the costs taxed, but no officer or person shall have the right to demand payment in advance of any fees to which he is entitled by virtue of the proceedings. When a person confined under color of proceedings in a criminal case is discharged, the costs shall be taxed against the Republic of the Philippines, and paid out of its Treasury; when a person in custody by virtue or under color of proceedings in a civil case is discharged, the costs shall be taxed against him, or against the person who signed the application for the writ, or both, as the court shall direct.

© 2020 LSPU Law Spec Pro Class proudly created with Wix.com

FOLLOW US:

  • w-facebook
  • Twitter Clean
bottom of page