RULE 102

Habeas Corpus

PROCEDURE FOR ISSUANCE OF THE WRIT OF HABEAS CORPUS UNDER RULE 102

Petition alleging illegal confinement/detention

Issuance of the writ by a court with jurisdiction

Service by leaving the original with the person to whom the writ is directed and preserving a copy

Hearing by the court

Recommitment, bail or discharge of the detained

Execution of the writ by conveying the detained person before the court, with return of service

To what habeas corpus extends.

It 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.

Purpose of habeas corpus

Ultimate Purpose: To relieve a person from unlawful restraint.

Vital Purpose: To obtain immediate relief from illegal confinement, to liberate those who may be imprisoned without sufficient cause, and to deliver them from unlawful custody.

Who may avail of the writ?-Every person unlawfully imprisoned or

restrained of his liberty under any pretense may prosecute a writ of habeas corpus.

-if defendant is convicted in court of record which has jurisdiction over the offense he may not avail of writ but his remedy is to appeal; but if the court has no jurisdiction then the writ of habeas corpus should be granted.

Grounds for issuance (Applies to All Forms of Involuntary Restraints)where a person continues to be

unlawfully denied one or more of is constitutional freedoms

where there is a present denial of due process

where the restraints are not merely involuntary but appear to be unnecessary

where a deprivation of freedom originally valid has become arbitrary.

Release of the Detained

The sole issue in habeas corpus proceedings is detention. When the release of the detained person is effected, the petition for the issuance of the habeas corpus writ becomes moot and academic.

The release that renders a petition for the habeas corpus writ moot and academic is one that is free from involuntary restraints. Hence writ may still be applied for if:

A person continues to be denied any of his constitutional rights;

The restraints are not merely involuntary but appear to be unnecessary;

An originally valid deprivation of liberty became arbitrary, in light of subsequent developments.

Denial of Constitutional Right

For denial of a constitutional right to the accused, the hearing tribunal may lose its jurisdiction to conduct further proceedings. In such a case, habeas corpus would lie to obtain the release of the accused.

Who may grant the writ? Supreme Court, Court of Appeals,

Regional Trial Court have concurrent jurisdiction to issue writs of habeas corpus

Writ issued by Supreme Court and Court of Appeals- enforceable anywhere in the Philippines

Writ issued by the RTC or Family Court, enforceable only within its region.

Requisites of application therefor.In passing upon a petition for habeas

corpus, the Court must determine whether:

The person in whose behalf the application is made is imprisoned or restrained of his liberty;

The name of the person detaining another;

The place where he is imprisoned or restrained of his liberty;

The cause of his detention.

Petition by common law spouseCommon law spouse may file petition as

she falls within the purview of the term “some person”, 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.

Supervening events may bar releaseIssuance of process -Rule: Writ of habeas corpus will not issue

where the person alleged to be restrained is in custody of an officer under a process issued by competent court.-even if arrest is illegal, supervening events may bar his release. What is to be inquires into is the legality of his detention as of the filing of the application for a writ.

Requisites for writ to issue

Person must be detained/restrained of his liberty

Restraint must be unlawful

*Gonzales v. Viola and Maniquis, 61 Phil. 824

Petitioner’s temporary release does not render petition for writ moot and academic

GENERAL RULE: release, whether permanent or temporary, renders petition for habeas corpus moot and academic

EXCEPT if there are restraints attached to his release which precludes freedom of action.

To whom writ directed, and what to require.

•The writ shall be directed to the officer 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 specified.

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 office, or by a person deputed by the court or judge.

Habeas Corpus Writ’s ExecutionGeneral rule: Officer to whom writ is directed

shall convey the detained person on the day specified in the writ:-before the judge who allowed the writ;-if he is absent, before any judge of the same court.

Exception: If the person to be produced has sickness/infirmity such that he cannot be brought before the court without.

The writ cannot be disobeyed for formal defect, if it sufficiently appears therefrom:

-who has custody of the detained; and-the judge/court before whom the detained

must be produced.

Habeas Corpus Writ’s ReturnThe return is signed by the person who

made it. It shall be sworn to if:-the detained is not produced: or-if it was not made and signed by a sworn public officer in his official capacity.

Contents of the Return-whether or not he has custody of the

detained;-copy of the authority for the custody;-if the person is not produced in court, the

nature and gravity of sickness/infirmity;-if custody is transferred, the

circumstances of the transfer.

When prisoner may be removed from one custody to another.General Rule Exception

A person imprisoned for any criminal matter cannot be remove from one custody to another.

By legal process To be delivered to an

inferior officer to carry to jail;

For trial In cases of necessity

or public calamity.

Hearing on the Return• When the writ is returned, the court must

immediately hear the case.• Hearing may be adjourned for good causes, with

the court making provisions for the safekeeping of the detained person.

• If the detained person is not produced, the court must be satisfied of the gravity of the alleged sickness/infirmity.

• In the hearing, the court shall disregard matters of form and technicalities of the authority/order of commitment.

Recommitment, Bail or DischargeIf unlawfully restrained

If unlawfully committed for an offense

Court shall order discharge from confinement; but discharge is not effective until copy of the order is served on detaining person. If detaining person does not desire to appeal, detained person shall be released.

1) If offense is punishable by death-detained person cannot be released/discharged.

2) If offense is NOT punishable by death-either:

-recommit to prison;

-admit to bail.

Habeas Corpus Writ and Certiorari

• The writs of habeas corpus and certiorari may be ancillary to each other where necessary to give effect to the supervisory powers of the higher courts.

THANK YOU!!!

CASE