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

1. RULE 102
Habeas Corpus

2. 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

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Petition by common law spouse
Common 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.

13. Supervening events may bar release
Issuance 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.

14. 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

15. 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.

16. 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.

17. 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.

18. Habeas Corpus Writ’s Execution
General 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.

19. 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.

20. Habeas Corpus Writ’s Return
The 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.

21. 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.

22. 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.

23. 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.

24. Recommitment, Bail or Discharge
If 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.

25. 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.

26. THANK YOU!!!

27. CASE