Writ of Habeas Corpus

What is a writ

formal writtern order issued by a body w/ administrative/judicial authority.

What is writ of Habeas Corpus

• “you shall have the body”

• a writ issued by a court directed to a person detaining another.

• commanding him to produce the body of the prisoner ata designated time and place.

• with the date and cause of capture

What is the PURPOSE of writ of Habeas Corpus

• It demands a person being held under custody to be brought before court to determine if the person was justifyingly brought into detention or held illegally

• Writ of Habeas Corpus: refers to the actual order or command issued by the court and is a judicial enforcement mechanism of that right

RIGHT of Habeas Corpus vs WRIT of Habeas Corpus

• The right to Habeas Corpus: refers to the constitutional right that exists regardless the writ is being enforced or not. 

• Writ of Habeas Corpus: refers to the actual order or command issued by the court and is a judicial enforcement mechanism of that right

Who can file?

• A person (or someone on their behalf) detained may file a petition for the writ of habeas corpus before the courts

functions

• Once issued, the custodian of the detainee must bring the body of the detained person before the court and justify the detention.

  • If the detention is found to be without legal basis, the court will order the person’s release.

When is writ of habeas corpus is NOT validly applied

• Habeas corpus cannot be applied in cases wherein there is a valid probable cause to their arrest.

When is writ of habeas corpe APPLIED?

1. Liberty is subject to physical restraint

2. In case of moral restraint.

3. Conviction in a court without jurisdiction or where his sentence has become invalid.

4. Unlawful denial of bail.

5. Denial of right to speedy trial.

who has the authority to grant habeas corpus. 

• The supreme court

• Any member authorized by law

  • A court of first instance (now called regional court)LI

LIMITATIONS

• Supreme court– can issue a writ that can be applied nationwide

• Lower courts like RTC – can only issue a writ within their are of jurisdiction

• The writ can be issued outside regular court hours (like weekends of holidays) as liberty is a fundamental right. 

Requisites for the petition of habeas corpus

1. Petition must be sworn under oath by detainee or someone filing on their behalf

2. Name of the detaining authority

3. Location of detention

4. Reason or Cause of detention. — if no legal basis exists, it must be stated that the person is held without legal authority.