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Writ of Habeas Corpus

All the special procedures are meant to protect a right. The Writ of Habeas Corpus
(WHC) does not exist in a fact. Like any procedure, it is meant to enforce a
particular right because procedures do not give additional rights nor do they
diminish existing rights. They are to protect what is already a right.
It protects ones right to liberty, a constitutionally-guaranteed right, which is
enshrined in the bill of rights. Article III, Section 1 of the 1987 Constitution states
that no person shall be deprived of life, liberty, or property without due process of
The Philippine Government, as a signatory to the UDHR and UCCPR, has an
undertaking to the international community that it will provide an effective remedy
for the protection of these rights. Those rights will be determined either in an
administrative, judicial or legislative proceedings. In the case of the WHC, it is the
judicial remedy which the State undertook to provide to its citizens. That is why in
our Constitution, the privilege of HC cannot be suspended.
Q: What does the WHC do?
A: The Writ is the safeguard against unlawful detention. It is meant, or a remedy, to
inquire into the validity or legality of the detention.
Period of suspension: For a period of 60 days
Scope of suspension: Only in cases of invasion or rebellion when public safety
requires it so.
Congress may REVOKE or EXTEND the suspension of the privilege of the WHC.
In an appropriate proceeding, a citizen may ask the Supreme Court to review the
factual basis of the declaration or suspension of the privilege of the writ.
Regardless of the fact that the privilege is suspended, you must be judicially
charged within three (3) days.
Writ of Habeas Corpus

Known as the highest prerogative writ

Primary Object: to liberate a person imprisoned without cause
Available as a remedy in cases of illegal detention or confinement