Habeas Corpus

I hope you all take this post seriously. It can save your life as well as that of a loved one.

Habeas Corpus is a writ whose purpose is to secure the speedy release of a person who is deprived of his liberty due to illegal confinement or unlawfully kept from his rightful custodian. The purpose of  habeas corpus is to find out the reason behind the detention or confinement to determine whether it's legal or not. It can only be suspended by the president in cases of invasion or rebellion. These are the grounds for habeas corpus:

1.) Deprivation of fundamental/constitutional rights

2.) Lack of jurisdiction of the court to impose the sentence, on the subject matter or over the accused's person

3.) Excessive penalty

4.) Excessive bail

5.) To determine the legality of a confinement order by a court martial

6.) To determine the legality of an alien's confinement and his proposed expulsion from the Philippines

7.) When trial in a criminal case has been postponed beyond a reasonable period to the disadvantage and objections of the accused

8.) To give retroactive application to a penal law that favors the accused when the judge can't order his release anymore because the judgment became final

9.) To allow parents to take back the custody of their minor child, even if the child is willingly in the custody of a third person

10.) To determine the constitutionality of a law

11.) To put an end to an immoral situation (ex. a hospital detaining a patient because he can't pay the bills.)

12.) To determine the legality of an arrest of a person by a legislative body (senate, congress,) for contempt (to protect people from abuse of power by senators and congressmen.)

13.) If the prosecutor signed the information in a private crime so that the court didn't acquire jurisdiction over the accused

14.) To release a prisoner serving many sentences for multiple cases but already served sentence under the Three-fold Rule in Sec. 70 of the Revised Penal Code

15.) To release a prisoner who served the maximum of his indeterminate sentence

Habeas corpus will not apply in the following instances:

1.) If the judge commits an error of fact or law in deciding a criminal case (the remedy is to appeal)

2.) If the accused was convicted despite claiming the defenses double jeopardy or prescription (the remedy is appeal or certiorari)

3.) There is no actual, physical and effective detention (except in immigration cases when the immigrant is under bond (bail) and wants to question an unfavorable decision of the Commissioner of Immigration)

4.) The person alleged to be detained is in legal custody (by virtue of a court order, etc.) and the court has jurisdiction

5.) The purpose has become moot and academic (a.k.a. utterly pointless)

The writ of habeas corpus can be granted by the Supreme Court, Court of Appeals, any SC or CA justice and judges of the RTC and lower courts (MTC, etc.by virtue of BP 129, Sec. 35) at any time and any day. If granted by the SC, CA or any SC or CA justice it's enforceable anywhere in the Philippines. If granted by a judge of RTC or lower it's enforceable only within the judicial district of the court that issued it. A defect in the form of the habeas corpus writ won't make it ineffective.

The people who can apply for habeas corpus are either the person who is detained or a person in his behalf. In the second instance, the person applying for habeas corpus must show some interest in the detained person (wife, child, etc.) or authorization to make the application. A volunteer isn't entitled to apply for habeas corpus and friendship, sympathy or concern won't suffice either.

A petition for habeas corpus must be verified and contain the following:

1.) The victim is imprisoned or restrained of his liberty

2.) The identity of the officer or person detaining the victim (if the name of the detainer isn't known, a description or apellation will do)

3.) The place where the victim is being held, if known

4.) A copy of the cause of detention if it can be produced without impairing the habeas corpus' effectiveness; or if the detention has no legal authority, it must be stated

Before the writ is served, the court will order the person detaining the prisoner citing him to show cause why the prisoner is being detained. If no cause is given, the pre-emptory writ is issued. It contains an absolute order to present the detainee in court. Once the writ is served and returned to the court that issued it, the person making the return shall state the following in writing:

1.) Whether or not he has the detainee in his custody

2.) If he has the detainee in his custody, the authority and true and whole cause set forth at large with a copy of the writ, order or other process by which the detainee is held

3.) If the detainee is in his custody but not brought to the court because of illness

4.) If the detainee was in his custody but was transferred to the custody of another person, the date, time and reasons for the transfer must be set forth

The return must the be signed and sworn to by the person making the return. During the hearing, if the reason why the person was detained is legal, the return will be considered prima facie evidence for the cause of the imprisonment. But if the detention was made by a private individual or entity, the return will be considered a plea of the facts stated and the party claiming custody must prove the facts. A lawfully imprisoned person can post bail after the judge considers the circumstances of the crime for which the prisoner was held. If it is proven in the hearing that the detention was illegal, the court will order his discharge; the discharge is not appealable. Disobeying the writ constitutes contempt and a fine of Php1,000.00 which is to be paid to the victim. A discharged prisoner can't be re-arrested except for a lawful order (arrest warrant, etc.) If custody is lawfully transferred from one person to another, a fine of Php1,000.00 is to be paid to the aggrieved party. If the illegal detention was made by government agents, there are no costs; if made by a private person or entity, the person or entity shall pay the costs.