102 | lspu-star-class

RULE 102

HABEAS CORPUS

Prepared by: Rolando Bautista

Definition

Writ of Habeas Corpus is 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 explaine the reason for the detention.

Preliminary citation is issued by the Court to show cause whether or not the writ should be issued.

Habeas Corpus extends to the following:

-to all cases of illegal confinement or detention by which a person is deprived of his liberty and

- case by which the rightful custody of the person is withheld from the person entitled thereto.

In cases of illegal confinement or detention:

General rule: The release whether permanent or temporary, of a detained person renders the petition for Habeas Corpus moot and academic.

Except: where there are restraint attached to his release which precludes freedom of action, in which case the Court can still inquire into the nature of his involuntary restraint.

Grounds for Relief:

-The deprivation of any fundamental or constitutional right.

- Lack of jurisdiction of the Court to impose the sentence.

- In cases of excessive penalty.

The Writ of Habeas Corpus is the proper remedy to enable parents to regain custody of minor children:

The requisites are:

-that the petitioner has the right to the custody of the minor.

-that the rightful custody of the minor is being withheld from the petitioner by the respondent.

-that it is to the best interest of the minor concerned to be in the custody of the petitioner and not that of the respondent.

Question: Does voluntary restrained constitute Habeas Corpus?

As a general rule no, except when a person restrained is a minor and the petitioners is the father and mother or guardian or a person having the custody of the minor.

The writ of Habeas Corpus cannot function as a writ of error

The Court has consistently held that Habeas Corpus will not lie to correct errors of fact or law.

The only exception to this rule is when error affects the Court’s jurisdiction or is one that would make the judgment absolutely void.

Question: Who may grant the Writ

-Supreme Court or any member thereon

- Court of Appeal or any member thereof

- RTC or any Judge thereof and

-MTC in the absence of RTC Judge

Jurisdiction of the Family Court

RA 8369 vested Family Court exclusive original jurisdiction to hear petitions for the custody of minors and the issuance of writ of Habeas Corpus in relation to custody of minors.

In relation to the custody of minors a verified petition may be filed for the rightful custody of a minor by any person claiming such right and it should be filed in the Family Court of the province or city where the petitioner resides or where the minor may be found.

Requisites for Application

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:

-that 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 so imprisoned or restrained if known.

-the cause of his detention.

Question: What are the procedures in granting of Writ?

The procedures are the following

- verified petition signed by the party for whose relief it is intended or by some other person in his behalf.

-allowance of writ

- command officer to produce

- service of writ by Sheriff or other officer

-return and

-hearing of return

Question: When writ shall not allowed or discharged authorized.

-if it appear that the person alleged to be restrained of his liberty is in the custody of an officer under process issued by the Court or judge who has jurisdiction to issue such process , the writ shall not be allowed.

Supervening events may bar the release.

- In the case of Velasco vs. CA July 7, 1995 even if the arrest of a person is illegal, supervening events may bar release or discharged from custody.

What is to be inquire into is the legality of the detention as of the earliest, the filing of the application for the Habeas Corpus.

Question: When writ must be granted and issued?

-if the Court is satisfied that the person is unlawfully restrained of his liberty, the petition for Habeas Corpus will be granted and the person detained will be released from confinement.

Question: To whom writ is directed and what to require?

The writ is directed to an officer and command him to:

-have the body of person before the Court and

-show cause of the imprisonment

Question: How prisoner designated and writ served?

The person to be produce should be designated in the writ if known, but if his name is unknown he may be described or identified.

The writ maybe served by the Sheriff or other officer.

Question: How writ executed and returned?

The officer to whom the writ is directed shall

- convey the person so imprisoned before the Court or Judge who issued the writ, unless from sickness or infirmity such person cannot without danger be brought to the Court.

-make the return of the writ together the day and the cause of restrained.

Defect of Form

- No writ can be disobeyed for defect in form if it sufficiently states the:

-person in whose custody or under whose restraint the party imprisoned is held.

-Court or Judge before whom is to be brought.

Question: What are the contents of return of Writ?

The officer to whom the writ is directed shall return the writ and states therein the following:

- Whether he has or he has not the party

- If he has the party , the true and whole cause of the detention

-If he has the party and cannot be brought to the Court because of sickness or infirmity.

- If he has the party but he already transferred the party he shall states wha time, to whom and the reason for the transfer.

The returned shall be signed and sworn to unless the return is made and signed by a sworn public officer in his official capacity.

Hearing of the Return

The Court or Judge must immediately proceed to hear and examine the return, unless for good cause shown the hearing is adjourned In which event he Court shall make an order for safekeeping of the person imprisoned.

Question: When the return evidence and when only a plea?

It is considered an evidence if the prisoner is in the custody under a warrant or commitment in pursuance of law or under judicial order.

However it shall only a plea if the facts set forth if restraint is by private authority and the party claiming the custody must prove such facts.

Question: When person lawfully imprisoned committed and when let to bail?

If the person was lawfully committed and specifically charged with an offense punishable by death he shall not be released and if the offense is not punishable by death he may be recommitted or admitted to bail in the discretion of the Court.

Question: When prisoner is discharged?

When the court is satisfied that person is unlawfully detained, the shall order for his discharged and such copy shall furnished the officer detaining another and if such officer does not desire to appeal within forty eight hours upon receipt, the prisoner shall be released.

Question: What are the penalties for refusing to issue writ or disobeying the same?

A clerk of Court who refuses to issue the writ after its allowance a person or to whom the writ is directed neglects or refuses upon demand by the prisoner to obey or make return of the same according to the command or make false return, shall forfeit to the aggrieved party the sum of one thousand pesos and may also be punished for contempt.

Person discharged not to be again imprisoned

A person who is set at liberty upon a writ of Habeas Corpus shall not again be imprisoned for the same offense unless by the lawful order or process and a violation of this shall forfeit to the aggrieved party a sum of one thousand pesos and may also be punished by the Court for contempt.

Question: When prisoner maybe removed from one custody to another?

The prisoner may be transfer only under the following:

- by legal process

-prisoner delivered to an inferior officer to carry to jail

- by order of proper Court or Judge be removed from one place to another within the Philippines for trial.

- in case of epidemic, fire , insurrection or other necessity or public calamity.

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