2. 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
explained the reason for the detention.
Preliminary citation is issued by the Court to show cause whether or
not the writ should be issued.
Section 1. Habeas Corpus extend to:
-to all cases of illegal confinement or detention by which a person is deprived
of his liberty and
- cases by which the rightful custody of the person is withheld from the
person entitled thereto.
3. 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.
4. 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 bests interest of the minor concerned to be in the
custody of the petitioner and not that of the respondent.
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.
5. 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.
Section 2. 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
6. 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.
7. Section 3. 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.
8. What are the procedure in granting of Writ?
The procedure 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
9. Section 4. 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.
- 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. ( Velasco vs. CA July 7, 1995)
10. 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.
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
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.
11. 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.
12. 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 what
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.
13. 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.
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.
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.
14. What are the penalty 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 again to be 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.
15. 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.
EFREN C. MONCUPA VS JUAN PONCE ENRILE, FABIAN C. VER
GR. NO. L-63345
JANUARY 30,1986
16. EFREN C. MONCUPA VS JUAN PONCE ENRILE, FABIAN C. VER
GR. NO. L-63345
JANUARY 30,1986
Facts; Efren Moncupa and eight others were arrested for the reason that they were suspected of
being a member of the National Democratic Front.
Thereafter an investigations was conducted by Taskforce Makabansa and the
investigating Fiscal of Quezon City. Both committee concluded that Efren Moncupa was not a
member of the NDF, and instead recommend for the filing an information for violation of PD
1866 against Moncupa. In filing the information Moncupa was excluded.
And because he was excluded in the information, his counsel filed a petition for
Habeas Corpus.
Respondent
