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RULE 102


Habeas corpus extends to: (Sec.1)

1. cases of illegal confinement or detention by which a person is deprived of his liberty;
2. cases by which the rightful custody of the person is withheld from the person entitled

 The restraint must be actual, effective and material. The person need not actually be
confined as long as freedom of action is limited. (Moncupa vs. Enrile, GR No. 61107, Apr.
26, 1983)

Writ of Habeas Corpus - 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 explain the reason for detention.

The essential object and purpose of the writ of habeas corpus is to inquire into all manner
of involuntary restraint as distinguished from voluntary, and to relieve a person therefrom
if such restraint is illegal. (Moncupa vs. Enrile, supra)

And any further rights of the parties are left untouched by decision on the writ, whose
principal purpose is to set the individual at liberty. (Villavicencio vs. Lukban)

The privilege of writ is so sacred that, according to our CONSTITUTION, it shall not be
suspended except in cases of invasion or rebellion when public security requires it (Art.
III, Sec. 15).


GENERAL RULE: The release, whether permanent or temporary, of a detained person
renders the petition for habeas corpus moot and academic.
EXCEPTION: When there are restraints attached to his release which precludes freedom
of action, in which case the court can still inquire into the nature of his involuntary restraint.
(Villavicencio vs. Lukban)

Whether the State can reserve the power to re-arrest a person for an offense after
a court of competent jurisdiction has absolved him of the offense.
We hold that such a reservation is repugnant to the government of laws and not of men
principle. Under this principle, the moment a person is acquitted on a criminal charge he
can no longer be detained or re-arrested for the same offense. (Moncupa vs. Enrile)


1. deprivation of any fundamental or constitutional right
2. lack of jurisdiction of the court to impose the sentence
3. excessive penalty

Requisites for the issuance of the Writ in cases by which the rightful custody of the
person of a minor is withheld from the person entitled thereto
1. that the petitioner has the right to the custody over the minor
2. that the rightful custody of the minor is being withheld from the petitioner by the
3. that it is to the best interest of the minor concerned to be in the custody of the
petitioner and not that of respondent. (Sombong vs. CA, January 31, 1996)

 Habeas Corpus can never be a substitute for appeal.

Whether the petition for the writ of habeas corpus may be properly filed together
with the petition for certiorari and mandamus
The Court ruled that the writs of habeas corpus and certiorari may be ancilliary to each
other where necessary to give effect to the supervisory powers of the higher courts. A
writ of habeas corpus reaches the body and the jurisdictional matters, but not the record.
A writ of certiorari reaches the record but not the body. Hence, a writ of habeas corpus
may be used with the writ of certiorari for the purpose of review. However, habeas corpus
does not lie where the petitioner has the remedy of appeal or certiorari because it will not
be permitted to perform the functions of a writ of error or appeal for the purpose of
reviewing mere errors or irregularities in the proceedings of a court having jurisdiction
over the person and the subject matter. (Galvez, et al. vs. CA, et al., 237 SCRA 685).

 The person on bail is not entitled to habeas corpus because his detention is legal and

Does voluntary restraint constitute habeas corpus?

As a GENERAL RULE, NO. EXCEPT when a person restrained is a minor and the
petitioner is the father or mother or guardian or a person having custody of the minor.

 Voluntariness is viewed from the point of view of the person entitled to custody.

Supervening Events May Bar Release

Even if the arrest of a person is illegal, supervening events may bar release of discharge
from custody. What is to be inquired into is the legality of detention as of, at the earliest,
the filing of the application for the writ of habeas corpus. (Velasco vs. CA, July 7,1995).

Preliminary Citation - issued by the court to show cause whether or not the writ should
be issued

Who may grant the petition (Sec.2)

1. SC or any member thereon
2. CA or any member thereof
3. RTC or any judge thereof
4. MTC - in the absence of RTC judges
Procedure for grant of writ
a. verified petition signed by the party for whose relief it is intended; some other
person in his behalf;
b. allowance of writ;
c. command officer to produce;
d. service of writ by sheriff or other officer;
e. return; and
f. hearing on return.

To whom writ directed and what to require. (Sec.6)

Directed to officer and commands him to:
1. have the body of person before the court; and
2. show cause of the imprisonment or restraint.

How writ is executed and returned (Sec.8)

Officer shall:
1. Convey the person so imprisoned before the judge, unless from sickness or
infirmity, such person cannot, without danger be brought before the court.
2. Make the return of the writ together with the day and the cause of caption or

Defect of form (Sec.9)

NO writ can be disobeyed for defect in form IF it sufficiently states:
1. person in whose custody or under whose restraint the party imprisoned or restraint
is held, and
2. court or judge before whom he is to be brought.

When the return evidence, and when only a plea (Sec.3)

If a prisoner is in custody under a warrant of commitment in pursuance of law or under a
judicial order, the return shall be considered PRIMA FACIE EVIDENCE OF THE CAUSE
OF RESTRAINT, however it shall only be plea of the facts set forth if restraint is by private

When prisoner discharged if no appeal. (Sec.15)

If one is unlawfully imprisoned, court shall order his discharge but such discharge shall
not be effective until a copy of the order has been served on the office or person detaining
the prisoner. If person detaining him does not appeal, the prisoner shall be released.

When prisoner may be removed from one custody to another (Sec.18)

1. By legal process
2. Prisoner is delivered to an inferior officer to carry to jail
3. By order of proper court or judge be removed from one place to another within the
Phil. for trial.
4. In case of fire, epidemic, insurrection or other necessity or public calamity.
When does court acquire jurisdiction over person of respondent?
The writ itself plays the role as summon in ordinary actions; court acquires jurisdiction
over the person of the respondent BY MERE SERVICE OF WRIT.


The appeal in habeas corpus cases may be taken in the name of the person detained or
of the officer or person detaining him.

An appeal in habeas corpus cases shall be perfected by filing with the clerk of court or
the judge, within 48 hours from notice of judgment, a notice of appeal.




Who may file Petition? (Sec.3)

- A verified petition for the rightful custody of a minor may be filed by any person
claiming such right.

Where to file petition? (Sec.3)

- Family Court of the province or city where the petitioner resides or where the minor
may be found.

Provisional Order Awarding Custody (Sec.13)

As far as practicable, the following order of preference shall be observed in the award of
a. Both parents jointly;
b. Either parent, taking into account all relevant considerations, especially the choice
of the minor over seven years of age and of sufficient discernment unless the
parent chosen unfit;
c. The grandparent or if there are several grandparents, grandparent chosen by the
minor over seven years of age and of sufficient discernment, unless the
grandparent chosen is unfit or disqualified;
d. The eldest brother or sister over twenty years of age unless he or she is unfit or
e. The actual custodian of the minor over twenty years of age, unless the former is
unfit or disqualified; or
f. Any other person or institution the court may deem suitable to provide proper care
and guidance for the minor.

Temporary Visitation Rights (Sec.15)

The court shall provide in its order awarding provisional custody appropriate visitation
rights to the non- custodial parent or parents, unless the court finds said parent or parents
unfit or disqualified.
Petition for Writ of Habeas Corpus (Sec. 20)
 shall be filed with the Family court.
 shall be enforceable within its judicial region to which the Family Court belongs.
 the petition may however be filed with the regular court in the absence of the
presiding judge of three Family Court, provided however that the regular court shall
refer the case to the family Court as soon as its presiding judge returns duty.
 petition may also be filed with the SC, CA, or with any of its members and, if so
granted the writ shall be enforceable anywhere in the Philippines. The writ may be
made returnable to

a Family court or to any regular court within the region where the petitioner resides
or where the minor may be found for hearing and decision on the merits.

How is an Appeal made?

 An aggrieved party may appeal from the decision by filing a Notice of Appeal within
15 days from notice of the denial of the motion of reconsideration or new trial and
serving a copy thereof on the adverse party.

Distinctions between and among Writs of Habeas Corpus, Amparo, and Data

Writ of Writ of Writ of

Habeas Corpus Habeas Data Amparo

A high prerogative It is a remedy Also a high

writ, it may be available to any prerogative remedy.
availed of in cases person whose right It is available to any
of illegal to privacy in life, person whose right
confinement by liberty or security is to life, liberty and
which any person violated or security is violated
is deprived of threatened by an or threatened with
his/her liberty, or unlawful act or violation by an
by which the omission of a public unlawful act or
rightful custody of official or omission of a public
What any person is employee, or of a official or employee,
withheld from the private individual or or a private
person entitled entity engaged in individual or entity. It
thereto. the gathering, also covers
Writ of collecting or storing extrajudicial killings
Habeas Corpus of data or and enforced
information disappearance or
regarding the threats thereof.
person, family,
home and
correspondence of
the aggrieved party.

Governing Rule 102 AM No. 08-1-16 SC AM No. 07-9-12 SC


Constitutional Art. VIII Sec. 5 (1) Art. VIII Sec. 5 (5) Art. VIII Sec. 5 (5)
Basis SC exercise SC is vested with SC is vested with
original jurisdiction the power to the power to
over cases of promulgate rules promulgate rules
habeas corpus concerning concerning
protection and protection and
enforcement of enforcement of
constitutional rights constitutional rights

Rights The right to liberty The right to privacy The right to life,
covered in life, liberty and liberty and security
Purpose The writ of habeas To protect the right To ensure that all
corpus was to find out what use efforts at disclosure
devised and exists and for what and investigation
as a speedy and purpose such data are undertaken
effectual remedy are being collected under pain of
to relieve persons as well as to give indirect contempt
from unlawful the petitioner the from this Court
restraint, and as opportunity to when governmental
the best and only question the data efforts are less than
sufficient defense and demand their what the individual
of personal “updating, rectifying situations require.
freedom. A prim or destruction.
specification of an To address the
application for a disappearance, so
writ of habeas that the life of the
corpus is restraint victim is preserved
of liberty. The and his or her liberty
essential object and security
and purpose of restored
the writ of habeas
corpus is to
inquire into all
manner of
restraint as
distinguished from
voluntary, and to
relieve a person
therefrom if such
restraint is illegal.
Any restraint
which will
preclude freedom
of action is

Exhaustion of Where there is an When a criminal A separate action

other available remedy action has been may be filed before,
Remedies in the ordinary commenced, no during, and after the
course of law, the separate petition for filing of the Amparo
writ is not the writ shall be petition. In fact the
ordinarily granted, filed, but the reliefs remedies that
unless there is an under the writ shall Amparo may grant
exceptional be available by may be availed of in
circumstance to motion in the a related pending
warrant otherwise. criminal case, and criminal action.
the procedure Moreover, Amparo
under this Rule was envisaged to be
shall govern the a swift remedy for
disposition of the people whose rights
reliefs available to life, liberty, and
under the writ of security are in peril
habeas data. and who may be
vulnerable to
When a criminal enforced
action and a disappearance or
separate civil action extrajudicial killing.
are filed A prerequisite that
subsequent to a there should be “no
petition for a writ of readily available
habeas data, the legal recourse or
petition shall be remedy” for an
consolidated with amparo petition to
the criminal action. prosper is at war
After consolidation, with the purpose for
the procedure which this remedy
under this Rule was conceived.
shall continue to
govern the
disposition of the
reliefs in the

Jurisdiction Supreme Court or Supreme Court or Supreme Court or

and Venue Court of Appeals Court of Appeals Court of Appeals or
when the action Sandiganbayan or
RTC-but only concerns public
within its judicial data files of the RTC- where the
district Government threat or act or
omission of any of
RTC of the place its elements
where petitioner or occurred
respondent resides
or where the data is
gathered, collected
or store at the
option of the
Who may file Verified petition Verified petition by Verified petition by
and what kind signed by the any aggrieved party the aggrieved party
of petition party for whose or by any qualified
relief is intended (In cases of person or entity in
or by some person extrajudicial killings the ff. order—
on his behalf or enforced 1. any member
disappearance— of the
1. any member immediate
of the family
immediate 2. any
family ascendant,
2. any descendant
ascendant, or collateral
descendant relative within
or collateral the 4th civil
relative degree
within the 4th 3. any
civil degree concerned

Effect When detention is If the allegations If the allegations are

found to be are proven by proven by
unlawful, the court substantive substantial
of judge will order evidence, the court evidence, the court
the discharge of shall enjoin the act shall grant the
the person from complained of, or privilege of the writ
confinement but order the deletion, and such relief as
such order shall destruction or may be proper and
not be effective rectification of the appropriate,
until the order has erroneous data or otherwise the
been served to the information and privilege shall be
officer or person grant other relevant denied
detaining. relief as may be
just and equitable. If the court however
When the finds out that it
detention is found cannot proceed with
to be lawful, the the determination or
court or judge will valid causes such
recommit the as failure of
prisoner and bail petitioner or witness
shall be allowed if to appear due to
applicable. threats on their
lives, it shall archive
the proceeding and
the court (motu
propio or upon
motion of party)
shall conduct a
periodic review and
order the revival of
the proceeding
when it can already

Contents of In habeas corpus, The verified written In Amparo, the

Initiatory the petition should petition shall allege petition should
Petition allege the the following: allege the following:
following: a) The
(a) The personal petitioner’s personal
1. The person circumstances of circumstances;
in whose behalf the petitioner and
the application is the respondent; b) the name and
filed; personal
(b) The manner circumstances of the
2. The officer the right to privacy respondent
or the name of the is violated or responsible for the
person detaining threatened and how threat, act, or
him/her or, if it affects the right to omission, or, if the
unknown, he/she life, liberty name is unknown or
may be described or security of the uncertain, the
by an assumed aggrieved party; respondent may be
appellation and described by an
the person who is (c) The actions assumed
served with the and recourses appellation;
writ shall be taken by the
deemed the petitioner to secure c) the right to life,
person intended; the data or liberty, and security
information; of the aggrieved
3. The place party violated or
where the person (d) The location threatened with
is detained; and of the files, violation by an
4. Copy of the registers or unlawful act or
commitment or the databases, the omission of the
cause of his government offce, respondent, and
detention, if it can and the person in how such threat or
be procured charge, in violation is
without impairing possession or in committed, with the
the efficiency of control of the data attendant
the remedy; or if or information, if circumstances
the detention is known; detailed in
without any legal supporting
authority, such (e) The reliefs affidavits;
fact shall appear. prayed for, which
may include the d) the
updating, investigation
rectification, conducted, if any,
suppression or specifying the
destruction of names, personal
the database or circumstances, and
information or files addresses of the
kept by the investigating
respondent. authority or
individuals, as well
as the manner and
In case of threats, conduct of the
the relief may investigation,
include a together with any
prayer for an order report;
enjoining the act
complained of; and
e) the actions
(f) Such other and recourses taken
relevant reliefs as by the petitioner to
are just and determine the fate
equitable. or whereabouts of
the aggrieved party
and the identity of
the person
responsible for the
threat, act, or
omission; and the
relief prayed for.

Time of filing Only in working Any day at any time

day and on
working hours

Enforceability A Writ of Habeas Writ of Habeas Writ of Amparo is

Corpus is Data is enforceable enforceable
enforceable anywhere in the anywhere in the
anywhere only if Philippines Philippines,
issued by the regardless of which
Supreme Court or court issued it.
the Court of
Appeals. A writ
granted by the
Regional Trial
Court is
enforceable only
within the district.

Who may be The person or A public official or An entity or person

impleaded persons detaining employee, or of a who authored the
another or who do private individual or enforced
not have rightful entity engaged in disappearance,
custody of latter. the gathering, extrajudicial killing,
collecting or storing violation or threats
of data or of violation of the
information life, liberty, and
regarding the security of an
person, family, individual may be
home and liable under the writ.
correspondence of
the aggrieved party. In the case of
disappearance, the
tenor of Manalo
eliminates private
actors as
respondents, unless
they act with the
direct or indirect
acquiescence of the