The document outlines rules regarding habeas corpus proceedings in the Philippines. It discusses who may grant writs of habeas corpus, the requirements for habeas corpus applications, when writs must or cannot be granted, how writs are served and returned, the contents of returns, procedures for hearings on returns, and penalties for refusing to issue or obey writs. Key points include that writs may be granted by the Supreme Court or appellate courts nationwide, and by trial courts within their districts, and applications must identify the restrained person and detaining authority.
1. The writ of habeas corpus is used to bring a prisoner before a court to determine if the person's imprisonment or detention is lawful. It requires the person detaining the prisoner to produce the prisoner's body and justify the detention.
2. The writ of habeas corpus can be used by parents to regain custody of minor children if they can show they have a right to custody and it is in the child's best interest to be in their custody.
3. A court will grant the writ of habeas corpus if it determines a person is being unlawfully detained or imprisoned and will order their release. The detained person cannot be imprisoned again for the same offense unless by lawful order or process.
1. The writ of habeas corpus is used to bring a prisoner before a court to determine if the person's detention is lawful. It requires the detaining party to show cause for and explain the detention.
2. The document discusses the procedures and requirements for applying for and granting a writ of habeas corpus under Philippine law. It provides details on who can apply for the writ, when it must or cannot be granted, how prisoners are designated and the writ is served and returned, and penalties for non-compliance.
3. It also summarizes a Supreme Court case where a petitioner filed for habeas corpus after being arrested and detained but then excluded from criminal charges filed against others arrested at the same time.
The document summarizes the procedure and rules regarding habeas corpus in the Philippines based on Rule 102. It discusses:
1) The process for issuing a writ of habeas corpus including petition, issuance by a court, service, hearing, and potential recommitment, bail or discharge of the detained person.
2) That habeas corpus extends to cases of illegal confinement or detention depriving a person of liberty. Its ultimate purpose is to relieve unlawful restraint.
3) Grounds for issuance include denial of constitutional rights, due process violations, or restraints that become arbitrary. Supervening events may bar release even if initial arrest was illegal.
4) A petition does not become moot until the detained person
This document outlines the Rule on the Writ of Amparo, a remedy available in the Philippines for cases involving threats or violations of a person's right to life, liberty, and security by unlawful acts of public officials or private individuals. It establishes who can file a petition for the writ, where it can be filed, required contents of the petition, procedures for serving the writ, required contents of the respondent's return, interim reliefs available, and prohibited pleadings and motions. The goal is to provide a summary hearing and determination of petitions within 7 days of the writ's issuance.
This document provides information on special crime investigations, including terms related to arrest warrants, search warrants, and custodial investigations. It discusses the process of obtaining warrants, executing arrests and searches, and the rights and duties of those arrested or detained during a criminal investigation. Key points include defining arrest warrants, search warrants, and custodial rights, the requirements for obtaining each type of warrant, and the procedures that must be followed when making an arrest, conducting a search or raid, or detaining and questioning a suspect.
Rule 23 regulates depositions taken for pending legal actions, while Rule 24 regulates depositions taken to preserve evidence for future legal actions. The document then discusses the various methods of discovery laid out in the rules, including depositions, interrogatories, requests for admission, and medical examinations. It provides guidance on when depositions can be taken, how they are conducted, and how they can be used in court proceedings, noting that depositions are generally inadmissible as evidence but have some exceptions. The document also discusses taking depositions in foreign countries and the differences between commissions and letters rogatory for obtaining these types of depositions internationally.
This document establishes a probation system in the Philippines through Presidential Decree No. 968. It aims to promote rehabilitation of offenders and reduce recidivism through less costly community-based probation programs as an alternative to imprisonment. Key points of the decree include:
- Creating a Probation Administration under the Department of Justice to oversee probation programs and officers.
- Establishing criteria for offenders to be eligible for probation, including a maximum 6-year sentence and prohibiting certain offenses.
- Outlining conditions and supervision of probation, including required reporting, potential modifications, and consequences of violations.
- Detailing roles and qualifications of probation officers at regional, provincial and city levels to investigate cases and super
It was so important and prudent to include a right to reasonable bail in the Bill of Rights because bail is inherently intertwined with a defendant's right to innocence until proven guilty. A person should have the right to be released on bail while preparing for their trial.
1. The writ of habeas corpus is used to bring a prisoner before a court to determine if the person's imprisonment or detention is lawful. It requires the person detaining the prisoner to produce the prisoner's body and justify the detention.
2. The writ of habeas corpus can be used by parents to regain custody of minor children if they can show they have a right to custody and it is in the child's best interest to be in their custody.
3. A court will grant the writ of habeas corpus if it determines a person is being unlawfully detained or imprisoned and will order their release. The detained person cannot be imprisoned again for the same offense unless by lawful order or process.
1. The writ of habeas corpus is used to bring a prisoner before a court to determine if the person's detention is lawful. It requires the detaining party to show cause for and explain the detention.
2. The document discusses the procedures and requirements for applying for and granting a writ of habeas corpus under Philippine law. It provides details on who can apply for the writ, when it must or cannot be granted, how prisoners are designated and the writ is served and returned, and penalties for non-compliance.
3. It also summarizes a Supreme Court case where a petitioner filed for habeas corpus after being arrested and detained but then excluded from criminal charges filed against others arrested at the same time.
The document summarizes the procedure and rules regarding habeas corpus in the Philippines based on Rule 102. It discusses:
1) The process for issuing a writ of habeas corpus including petition, issuance by a court, service, hearing, and potential recommitment, bail or discharge of the detained person.
2) That habeas corpus extends to cases of illegal confinement or detention depriving a person of liberty. Its ultimate purpose is to relieve unlawful restraint.
3) Grounds for issuance include denial of constitutional rights, due process violations, or restraints that become arbitrary. Supervening events may bar release even if initial arrest was illegal.
4) A petition does not become moot until the detained person
This document outlines the Rule on the Writ of Amparo, a remedy available in the Philippines for cases involving threats or violations of a person's right to life, liberty, and security by unlawful acts of public officials or private individuals. It establishes who can file a petition for the writ, where it can be filed, required contents of the petition, procedures for serving the writ, required contents of the respondent's return, interim reliefs available, and prohibited pleadings and motions. The goal is to provide a summary hearing and determination of petitions within 7 days of the writ's issuance.
This document provides information on special crime investigations, including terms related to arrest warrants, search warrants, and custodial investigations. It discusses the process of obtaining warrants, executing arrests and searches, and the rights and duties of those arrested or detained during a criminal investigation. Key points include defining arrest warrants, search warrants, and custodial rights, the requirements for obtaining each type of warrant, and the procedures that must be followed when making an arrest, conducting a search or raid, or detaining and questioning a suspect.
Rule 23 regulates depositions taken for pending legal actions, while Rule 24 regulates depositions taken to preserve evidence for future legal actions. The document then discusses the various methods of discovery laid out in the rules, including depositions, interrogatories, requests for admission, and medical examinations. It provides guidance on when depositions can be taken, how they are conducted, and how they can be used in court proceedings, noting that depositions are generally inadmissible as evidence but have some exceptions. The document also discusses taking depositions in foreign countries and the differences between commissions and letters rogatory for obtaining these types of depositions internationally.
This document establishes a probation system in the Philippines through Presidential Decree No. 968. It aims to promote rehabilitation of offenders and reduce recidivism through less costly community-based probation programs as an alternative to imprisonment. Key points of the decree include:
- Creating a Probation Administration under the Department of Justice to oversee probation programs and officers.
- Establishing criteria for offenders to be eligible for probation, including a maximum 6-year sentence and prohibiting certain offenses.
- Outlining conditions and supervision of probation, including required reporting, potential modifications, and consequences of violations.
- Detailing roles and qualifications of probation officers at regional, provincial and city levels to investigate cases and super
It was so important and prudent to include a right to reasonable bail in the Bill of Rights because bail is inherently intertwined with a defendant's right to innocence until proven guilty. A person should have the right to be released on bail while preparing for their trial.
The document discusses provisions related to bail under the Code of Criminal Procedure (CrPC). It provides definitions of key terms like "bail" and discusses different types of bail like anticipatory bail.
Some key points discussed include:
- Bail means releasing an accused person from custody on the promise that they will attend court proceedings.
- Offences are classified as bailable or non-bailable in determining bail eligibility.
- Anticipatory bail allows granting bail before arrest under certain conditions like the nature of accusation.
- Grounds for cancellation of granted bail include tampering with evidence, absconding or committing similar offences.
The document provides an overview of the legal framework around bail
1. The document discusses the rules and procedures related to arrest under Philippine law. It defines arrest and outlines when an arrest can be made with or without a warrant.
2. It also discusses the rights of individuals who are arrested, such as the right to be informed of the reason for arrest and the right to counsel.
3. The document also covers custodial investigation procedures and notes that statements made during custodial investigation without the presence of counsel cannot be used as evidence.
The document discusses the legal concepts and requirements related to arrest under Philippine law. It defines arrest and notes that an arrest can involve actual restraint or submission to custody. It outlines the circumstances where arrest requires a warrant versus where arrest can be done without a warrant, such as if an offense was committed in the officer's presence. The document also discusses permissible use of force during arrest, privileges from arrest for certain officials, and procedures that must be followed after making an arrest.
This document summarizes key articles from Ecuador's Code of Civil Procedure regarding jurisdiction, competence, filing complaints, summons and service, evidence, public documents, inspections, and expert witnesses. Some key points include:
- Jurisdiction and competence refer to a court's authority and extent of authority over certain matters, territories, people, and levels of courts.
- Complaints must clearly identify the parties, facts, requests, and other required information.
- Summons informs defendants of complaints and court orders while service informs parties of judgments.
- Evidence includes documents, witness testimony, and inspections, and must be properly submitted and evaluated according to legal standards.
- Public documents certified by authorized persons are considered
This document outlines the rules and procedures for arraignment and pleas under Philippine law. It discusses when and how arraignment must take place, the process for entering pleas of guilty or not guilty, allowing pleas to lesser offenses, withdrawal of improper pleas, appointment of counsel, and suspension of arraignment under certain circumstances such as pending review or if the accused has an unsound mental condition.
This document discusses the writ of habeas corpus under Philippine law. It begins by defining habeas corpus as extending to cases of illegal confinement or detention. It then discusses the purpose and nature of habeas corpus, including that it is a special proceeding to determine the legality of detention. The document outlines when habeas corpus can and cannot be issued or allowed, such as not being appropriate once criminal charges are filed. It also summarizes the contents required in habeas corpus petitions and returns. Finally, it discusses related issues like the retroactive application of favorable laws and the relationship between habeas corpus and other remedies.
The document outlines the rights of the accused in criminal prosecutions under Philippine law, including the right to be presumed innocent, to be informed of charges, to present a defense, not to testify against oneself, confront witnesses, and have a speedy and public trial. It also describes the procedures for arraignment and plea, including the ability to plead guilty to a lesser offense. The accused may file a motion to quash the complaint or information before entering a plea based on grounds such as lack of an offense or lack of jurisdiction.
This document outlines the Rule on the Writ of Habeas Data in the Philippines. It establishes the writ of habeas data as a remedy for violations of privacy rights related to personal data. It details who can file a petition, where it can be filed, procedures for service and response, defenses allowed, required timelines, and appeals process. The rule aims to protect privacy rights while facilitating expedited resolution of habeas data petitions.
1) The document discusses various topics related to legal and judicial ethics including contempt of court, its different kinds, punishment, and inherent powers of courts.
2) It also covers disqualification of judicial officers, withdrawal of lawyers from cases, duties of government lawyers, and prohibitions during and after public service.
3) Key points include the types of direct and indirect contempt, requirements for withdrawal of lawyers from cases with client consent, and restrictions on private practice for public officials.
A warrant is a writ or specific authorization that was either issued by a judge, competent officer or magistrate, which permits an otherwise illegal act that would violate human being rights and affords the person executing the writ security from damages if the act is performed.
Criminal Procedure Code 1898, { Arrest -Warrant and Mode of Production}ShahMuhammad55
There are 6 modes for producing an accused person before a court of law according to Indian criminal procedure: summons, warrant, warrant in lieu of summons, proclamation of an absconder, attachment of property, and bond for appearance. A warrant of arrest is a written order issued by a magistrate directing a peace officer to arrest an accused person. It must be in writing, identify the accused, specify the offense, be signed by the magistrate, and bear the name and designation of the person to whom it is directed. There are two types of arrest warrants under criminal procedure: bailable and non-bailable. A bailable warrant allows the accused to post bond for release while a non-bailable warrant is used
This document outlines the rights of the accused in a criminal trial according to Philippine law. It discusses the rights to be presumed innocent, informed of charges, have counsel, testify or not testify without prejudice, confront witnesses, and appeal convictions. It also covers procedures for arraignment and plea, including the right to counsel and processes for guilty pleas, not guilty pleas, and withdrawing pleas. Motions to quash a complaint or information are also addressed.
English/Hindi
Legal Glossary
Translated from English into Hindi by Darshan Mundy
Superior Court of California, County of Sacramento
720 9th Street
Sacramento, CA 95814
Phone: (916) 874-6867 Fax: (916) 874-8229
www.saccourt.com
The document discusses rules and procedures related to motions for new trial or reconsideration in criminal cases. It outlines the grounds for granting a new trial, such as errors during the trial or newly discovered evidence. It also discusses exceptions, such as recantation by a witness generally not being sufficient for a new trial. The effects of granting a new trial and procedures for appeals are also covered.
This document outlines the procedures and considerations around bail in the criminal justice system. It discusses where a person can be detained after arrest (police station or court), the presumption of bail prior to conviction, factors considered in granting bail pending trial or appeal, and the tests and criteria applied by courts. Key points include that bail is the rule pre-conviction, the prosecution must show why bail should be denied, and courts examine likelihood of appearance, interference with investigations, and commission of further offenses.
The document discusses rules of arrest under Philippine national law. It defines arrest and outlines the differences between civil and criminal law. There are two types of arrest - arrest with a warrant and warrantless arrest. When making an arrest, officers must respect the custodial rights of suspects. After arrest, a suspect can only be detained for a certain period of time depending on the crime before they must be charged. A preliminary investigation is also usually required before filing a complaint in court. The document outlines the rights of the accused during this investigation and trial.
The document outlines the Government Servants (Efficiency and Discipline) Rules, 1973 which establish procedures for imposing penalties on civil servants for reasons of inefficiency, misconduct, corruption, or actions prejudicial to national security. It defines key terms and outlines the process for inquiries, including the roles of inquiry officers and committees, accused rights, and appeals. Penalties include minor penalties like denial of promotion or increments, and major penalties like removal or dismissal. The rules also repeal previous related rules from 1960 and 1961.
The document discusses the process of inquest in the Philippines. An inquest is conducted by a public prosecutor to determine whether a detained person should remain in custody or be charged in court when they have been arrested without a warrant. It outlines the documents required in an inquest, including an affidavit of arrest, and timelines for filing a complaint depending on the severity of the alleged crime. It also explains that the prosecutor must determine if the arrest was proper before proceeding with the inquest. If probable cause is found, the prosecutor may file a complaint in court and recommend bail.
NCMF PARALEGAL TRAINING MANUAL (MODULE 5)Mcypp Ncmf
This document provides an overview of basic constitutional rights in the Philippines based on Module 5 of the NCMF Paralegal Training Program. It discusses the right to due process under the Philippine Constitution, including equal protection, presumption of innocence and aspects of substantive and procedural due process. It also summarizes rights against unreasonable searches and seizures, lawful arrest with and without a warrant, searches and seizures, peaceful assembly and freedom of speech, free exercise of religion, just compensation, access to justice and rights of persons under criminal investigation.
This document outlines the operating manual for the Bureau of Corrections in the Philippines. It details procedures for admitting inmates to prisons, including required documentation, medical screening, orientation, classification, and issuing uniforms. Inmates undergo examinations in the reception and diagnostic center to develop an individualized treatment plan before assignment to a prison facility within 55 days. The manual establishes basic principles for impartial treatment of inmates and seeks to promote discipline, rehabilitation, and safe custody.
The document discusses provisions related to bail under the Code of Criminal Procedure (CrPC). It provides definitions of key terms like "bail" and discusses different types of bail like anticipatory bail.
Some key points discussed include:
- Bail means releasing an accused person from custody on the promise that they will attend court proceedings.
- Offences are classified as bailable or non-bailable in determining bail eligibility.
- Anticipatory bail allows granting bail before arrest under certain conditions like the nature of accusation.
- Grounds for cancellation of granted bail include tampering with evidence, absconding or committing similar offences.
The document provides an overview of the legal framework around bail
1. The document discusses the rules and procedures related to arrest under Philippine law. It defines arrest and outlines when an arrest can be made with or without a warrant.
2. It also discusses the rights of individuals who are arrested, such as the right to be informed of the reason for arrest and the right to counsel.
3. The document also covers custodial investigation procedures and notes that statements made during custodial investigation without the presence of counsel cannot be used as evidence.
The document discusses the legal concepts and requirements related to arrest under Philippine law. It defines arrest and notes that an arrest can involve actual restraint or submission to custody. It outlines the circumstances where arrest requires a warrant versus where arrest can be done without a warrant, such as if an offense was committed in the officer's presence. The document also discusses permissible use of force during arrest, privileges from arrest for certain officials, and procedures that must be followed after making an arrest.
This document summarizes key articles from Ecuador's Code of Civil Procedure regarding jurisdiction, competence, filing complaints, summons and service, evidence, public documents, inspections, and expert witnesses. Some key points include:
- Jurisdiction and competence refer to a court's authority and extent of authority over certain matters, territories, people, and levels of courts.
- Complaints must clearly identify the parties, facts, requests, and other required information.
- Summons informs defendants of complaints and court orders while service informs parties of judgments.
- Evidence includes documents, witness testimony, and inspections, and must be properly submitted and evaluated according to legal standards.
- Public documents certified by authorized persons are considered
This document outlines the rules and procedures for arraignment and pleas under Philippine law. It discusses when and how arraignment must take place, the process for entering pleas of guilty or not guilty, allowing pleas to lesser offenses, withdrawal of improper pleas, appointment of counsel, and suspension of arraignment under certain circumstances such as pending review or if the accused has an unsound mental condition.
This document discusses the writ of habeas corpus under Philippine law. It begins by defining habeas corpus as extending to cases of illegal confinement or detention. It then discusses the purpose and nature of habeas corpus, including that it is a special proceeding to determine the legality of detention. The document outlines when habeas corpus can and cannot be issued or allowed, such as not being appropriate once criminal charges are filed. It also summarizes the contents required in habeas corpus petitions and returns. Finally, it discusses related issues like the retroactive application of favorable laws and the relationship between habeas corpus and other remedies.
The document outlines the rights of the accused in criminal prosecutions under Philippine law, including the right to be presumed innocent, to be informed of charges, to present a defense, not to testify against oneself, confront witnesses, and have a speedy and public trial. It also describes the procedures for arraignment and plea, including the ability to plead guilty to a lesser offense. The accused may file a motion to quash the complaint or information before entering a plea based on grounds such as lack of an offense or lack of jurisdiction.
This document outlines the Rule on the Writ of Habeas Data in the Philippines. It establishes the writ of habeas data as a remedy for violations of privacy rights related to personal data. It details who can file a petition, where it can be filed, procedures for service and response, defenses allowed, required timelines, and appeals process. The rule aims to protect privacy rights while facilitating expedited resolution of habeas data petitions.
1) The document discusses various topics related to legal and judicial ethics including contempt of court, its different kinds, punishment, and inherent powers of courts.
2) It also covers disqualification of judicial officers, withdrawal of lawyers from cases, duties of government lawyers, and prohibitions during and after public service.
3) Key points include the types of direct and indirect contempt, requirements for withdrawal of lawyers from cases with client consent, and restrictions on private practice for public officials.
A warrant is a writ or specific authorization that was either issued by a judge, competent officer or magistrate, which permits an otherwise illegal act that would violate human being rights and affords the person executing the writ security from damages if the act is performed.
Criminal Procedure Code 1898, { Arrest -Warrant and Mode of Production}ShahMuhammad55
There are 6 modes for producing an accused person before a court of law according to Indian criminal procedure: summons, warrant, warrant in lieu of summons, proclamation of an absconder, attachment of property, and bond for appearance. A warrant of arrest is a written order issued by a magistrate directing a peace officer to arrest an accused person. It must be in writing, identify the accused, specify the offense, be signed by the magistrate, and bear the name and designation of the person to whom it is directed. There are two types of arrest warrants under criminal procedure: bailable and non-bailable. A bailable warrant allows the accused to post bond for release while a non-bailable warrant is used
This document outlines the rights of the accused in a criminal trial according to Philippine law. It discusses the rights to be presumed innocent, informed of charges, have counsel, testify or not testify without prejudice, confront witnesses, and appeal convictions. It also covers procedures for arraignment and plea, including the right to counsel and processes for guilty pleas, not guilty pleas, and withdrawing pleas. Motions to quash a complaint or information are also addressed.
English/Hindi
Legal Glossary
Translated from English into Hindi by Darshan Mundy
Superior Court of California, County of Sacramento
720 9th Street
Sacramento, CA 95814
Phone: (916) 874-6867 Fax: (916) 874-8229
www.saccourt.com
The document discusses rules and procedures related to motions for new trial or reconsideration in criminal cases. It outlines the grounds for granting a new trial, such as errors during the trial or newly discovered evidence. It also discusses exceptions, such as recantation by a witness generally not being sufficient for a new trial. The effects of granting a new trial and procedures for appeals are also covered.
This document outlines the procedures and considerations around bail in the criminal justice system. It discusses where a person can be detained after arrest (police station or court), the presumption of bail prior to conviction, factors considered in granting bail pending trial or appeal, and the tests and criteria applied by courts. Key points include that bail is the rule pre-conviction, the prosecution must show why bail should be denied, and courts examine likelihood of appearance, interference with investigations, and commission of further offenses.
The document discusses rules of arrest under Philippine national law. It defines arrest and outlines the differences between civil and criminal law. There are two types of arrest - arrest with a warrant and warrantless arrest. When making an arrest, officers must respect the custodial rights of suspects. After arrest, a suspect can only be detained for a certain period of time depending on the crime before they must be charged. A preliminary investigation is also usually required before filing a complaint in court. The document outlines the rights of the accused during this investigation and trial.
The document outlines the Government Servants (Efficiency and Discipline) Rules, 1973 which establish procedures for imposing penalties on civil servants for reasons of inefficiency, misconduct, corruption, or actions prejudicial to national security. It defines key terms and outlines the process for inquiries, including the roles of inquiry officers and committees, accused rights, and appeals. Penalties include minor penalties like denial of promotion or increments, and major penalties like removal or dismissal. The rules also repeal previous related rules from 1960 and 1961.
The document discusses the process of inquest in the Philippines. An inquest is conducted by a public prosecutor to determine whether a detained person should remain in custody or be charged in court when they have been arrested without a warrant. It outlines the documents required in an inquest, including an affidavit of arrest, and timelines for filing a complaint depending on the severity of the alleged crime. It also explains that the prosecutor must determine if the arrest was proper before proceeding with the inquest. If probable cause is found, the prosecutor may file a complaint in court and recommend bail.
NCMF PARALEGAL TRAINING MANUAL (MODULE 5)Mcypp Ncmf
This document provides an overview of basic constitutional rights in the Philippines based on Module 5 of the NCMF Paralegal Training Program. It discusses the right to due process under the Philippine Constitution, including equal protection, presumption of innocence and aspects of substantive and procedural due process. It also summarizes rights against unreasonable searches and seizures, lawful arrest with and without a warrant, searches and seizures, peaceful assembly and freedom of speech, free exercise of religion, just compensation, access to justice and rights of persons under criminal investigation.
This document outlines the operating manual for the Bureau of Corrections in the Philippines. It details procedures for admitting inmates to prisons, including required documentation, medical screening, orientation, classification, and issuing uniforms. Inmates undergo examinations in the reception and diagnostic center to develop an individualized treatment plan before assignment to a prison facility within 55 days. The manual establishes basic principles for impartial treatment of inmates and seeks to promote discipline, rehabilitation, and safe custody.
Similar to REVISED RULES OF COURT OF THE PHILIPPINES.pdf (20)
Safeguarding Against Financial Crime: AML Compliance Regulations DemystifiedPROF. PAUL ALLIEU KAMARA
To ensure the integrity of financial systems and combat illicit financial activities, understanding AML (Anti-Money Laundering) compliance regulations is crucial for financial institutions and businesses. AML compliance regulations are designed to prevent money laundering and the financing of terrorist activities by imposing specific requirements on financial institutions, including customer due diligence, monitoring, and reporting of suspicious activities (GitHub Docs).
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
The presentation deals with the concept of Right to Default Bail laid down under Section 167 of the Code of Criminal Procedure 1973 and Section 187 of Bharatiya Nagarik Suraksha Sanhita 2023.
1. REVISED RULES OF COURT OF THE PHILIPPINES
SUPREME COURT
RULE 102
HABEAS CORPUS
Sec. 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.
Sec. 2. Who may grant the writ. - The writ of habeas corpus may be
granted by the Supreme Court, or any member thereof, on any day
and at any time, or by the Court of Appeals 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 the 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.
Sec. 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 of 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;
2. (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.
Sec. 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. Nor 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.
Sec. 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.
Sec. 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.
3. Sec. 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 of 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.
Sec. 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 brought 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.
Sec. 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.
Sec. 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
unequivocally:
(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;
4. (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 brought 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.
Sec. 11. Return to be signed and sworn to. - The return or statement
shall be signed by the person who makes it; and shall also be sworn
to by him if the prisoner is not produced, and in all other cases
unless the return is made and signed by a sworn public officer in
his official capacity.
Sec. 12. Hearing on return; Adjournments. - When the writ is
returned before one judge, at a time when the court is in session,
he may forthwith adjourn the case into the court, there to be heard
and determined. The court or judge before whom the writ is returned
or adjourned must immediately proceed to hear and examine the
return, and such other matters as are properly submitted for
consideration, unless for good cause shown the hearing is
adjourned, in which event the court or judge shall make such order
for the safekeeping of the person imprisoned or restrained as the
nature of the case requires. If the person imprisoned or restrained
is not produced because of his alleged sickness or infirmity, the
court or judge must be satisfied that it is so grave that such
person cannot be produced without danger, before proceeding to
hear and dispose of the matter. On the hearing the court or judge
shall disregard matters of form and technicalities in respect to
any warrant or order of commitment of a court or officer authorized
to commit by law.
Sec. 13. When the return evidences, and when only a plea. - If it
appears that the prisoner is in custody under a warrant of
commitment in pursuance of law, the return shall be considered
prima facie evidence of the cause of restraint; but if he is
restrained of his liberty by any alleged 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.
5. Sec. 14. When person lawfully imprisoned recommitted, and when let
to bail. - If it appears that the prisoner was lawfully committed,
and is plainly and specifically charged in the warrant of
commitment with an offense punishable by death, he shall not be
released, discharged, or bailed. If he is lawfully imprisoned or
restrained on a charge of having committed an offense not so
punishable, he may be recommitted to imprisonment or admitted to
bail in the discretion of the court or judge. If he be admitted to
bail, he shall forthwith file a bond in such sum as the court or
judge deems reasonable, considering the circumstances of the
prisoner and the nature of the offense charged, conditioned for
his appearance before the court where the offense is properly
cognizable to abide its order or judgment; and the court or judge
shall certify the proceedings, together with the bond, forthwith
to the proper court. If such bond is not so filed, the prisoner
shall be recommitted to confinement.
Sec. 15. When prisoner discharged if no appeal. - When the court
or judge has examined into the cause of caption and restraint of
the prisoner, and is satisfied that he is unlawfully imprisoned or
restrained, he shall forthwith order his discharge from
confinement, but such discharge shall not be effective until a
copy of the order has been served on the officer or person
detaining the prisoner. If the officer or person detaining the
prisoner does not desire to appeal, the prisoner shall be forthwith
released.
Sec. 16. Penalty for refusing to issue writ, or for disobeying the
same. - A clerk of a court who refuses to issue the writ after
allowance thereof and demand therefor, 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 thereof, or makes false return
thereof, or who, upon demand made by or on behalf of the prisoner,
refuses to deliver to the person demanding, within six (6) hours
after the demand therefor, a true copy of the warrant or order of
commitment, shall forfeit to the party aggrieved the sum of one
thousand pesos, to be recovered in a proper action, and may also
be punished by the court or judge as for contempt.
6. Sec. 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 colorable
pretense or variation in the warrant of commitment, and may also
be punished by the court or judge granting writ as for contempt.
Sec. 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 officer 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 countersigns 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.
Sec. 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.