Writ of Habeas Corpus

I. Provision: Sec. 15, Art. III, 1987 Phil. Constitution

The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion or rebellion
when the public safety requires it.

General Rule: The privilege of the writ of habeas corpus shall not be suspended
Exceptions: 1. in cases of invasion or rebellion
2. when the public safety requires it.

II. Writ of Habeas Corpus, Defined (Moran, Rules of Court, Vol. II, 499)

1. 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 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.

2. It is a high prerogative common law writ

of ancient origin
the great object of which is
the liberation of those who may be in prison
without sufficient cause.

III. Purpose and Nature

1. It exists as a speedy and effectual remedy

to relieve person from UNLAWFUL restraint
and as an effective defense of personal freedom.
Thus, this action shall take precedence
in the calendar of the court
and must be acted upon immediately.

Reason: So prized is the liberty of the individual

That no less than this swift proceeding is prescribed by our laws
To guarantee that his release, if warranted, is not unduly postponed.
 Obviously, more delay in the resolution of this issue
Will by itself constitute an invalid derogation
of his right against unlawful restraint.

2. It is issued ONLY for the lone purpose of obtaining relief

For those ILLEGALLY confined or
Imprisoned without sufficient legal basis.

3. It is NOT issued
when the person is in custody of a judicial process or
a valid judgment.
Thus, one who is LAWFULLY detained,
as when he is detained by virtue of a final judgment of conviction
for a criminal offense,
may not avail himself of the writ of habeas corpus.

Case: Mangila v. Judge Pangilinan

1. A petition for the issuance of a writ of habeas corpus is a special proceeding

governed by Rule 102 of the Rules of Court, as amended.

2. Habeas corpus is that of a civil proceeding in character (Ex Parte Billings).

3. It seeks the enforcement of civil rights.

4. Resorting to the writ is not to inquire into the right of liberty,

notwithstanding the act
and the immediate purpose is to be served is relief from illegal restraint.

5. The rule applies even when instituted

to arrest a criminal prosecution
and secure freedom.

6. When a prisoner petitions a writ of habeas corpus,

he thereby commences a suit
and prosecutes a case in that court.

7. It is not in the nature of a writ of error;

nor intended as substitute for the trial courts function.
8. It cannot take place of appeal, certiorari or writ of error.

9. It cannot be used to investigate

and consider questions of error that might be raised
relating to procedure or on merits.

10.