What is a Writ of Habeas Corpus?
1. It is a prerogative writ of liberty employed to test the validity of a person's detention.
2. It is directed to the person detaining another
-commanding him to produce the body of the prisoner
-at a designated time and place
-with the day and the cause of his caption and detention
- to do, to submit to and receive
-whatever the court or judge awarding the writ
-shall consider in his behalf
When is it available?
It is available in the following cases:
1. If there is physical restraint.
ex. arbitrary detention
2. If there is moral restraint
ex. a household helper prevented from leaving her employ
3. If there are jurisdictional issues
ex. a. If a person has been convicted by a court without jurisdiction, or where his sentence becomes invalid
b. If a person is sentenced to a longer penalty than that subsequently meted out to another person convicted of the same offense
c. If there is denial of the accused's right to a speedy trial.
4. If there is unlawful denial of bail.
When is WHC not available?
It is not available where the decision is tainted with only errors of law.
What is the remedy available to an accused if there is only errors of law?
The proper remedy is an ordinary appeal.
What is the procedure in applying for a WHC?
1. If applicable to the person, file petition for WHC in court.
2. The court will issue the writ as a matter of course, if it is in proper form(refer to no. 1)
3. In the writ the court orders respondent to produce the body of the person allegedly detained.
4. If respondent can justify the detention, the court will dismiss the petition.
5. If respondent cannot justify, the court will continue with the proceedings to determine the validity of the applicant's detention.
Note: It is the privilege of the writ that may be suspended, not the writ itself.
When is the privilege of the writ suspended?
1. In cases of invasion or rebellion.
2. When the public safety requires it.
Who may suspend the privilege of the writ?
Only the President has the power to suspend the privilege of the writ.
What is the duration of the suspension?
The period shall not exceed sixty (60) days, following which it shall automatically be lifted.
Can the suspension of the privilege be revoked?
Yes. It may be revoked by the Congress (by a majority vote) and the Supreme Court in proper cases.
If it can be revoked, can it also be extended?
Yes, it can be extended by the Congress(by a majority vote) in accordance with its rules without a need of a call.
Who determines the period of extension?
Congress.
What is the basis for extending the suspension of the privilege of the writ?
If invasion or rebellion are determined to be persisting, or if the public safety still requires it.
Note: a state of martial law does not automatically suspend the writ.
To whom does the suspension of the privilege of the writ applies?
It applies only to person judicially charged for rebellion or of offenses inherent in or directly connected with invasion.
In how many days shall a person arrested or detained be judicially charged during the suspension of the privilege of the writ?
The person thus arrested shall be charged within three (3) days. Otherwise, he shall be released.
What is the power of the Supreme Court in relation to the suspension of the privilege of the writ?
It has the power to annul the suspension.
On what grounds can the SC annul it?
If it not based on either of the following: invasion/rebellion and when public safety requires it.
Note: In Lansang Case, the SC declared that it had the power to inquire into the factual basis of the suspension of the privilege of the writ and to annul the same if no legal ground can be established.
In what instance may the SC review such suspension of privilege?
If the challenge to such suspension is filed by any citizen.
Related Cases: MUNCOPA VS ENRILE 141 SCRA 233(223)
DIZON VS EDUARDO 158 SCRA 480
REYES VS CA DEC 3 2009
RAZON VS TAGITIS DEC 3 2009
BARREDO VS VINARAO AUG 2 2007
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