Republic of the Philippines

REGIONAL TRIAL COURT

10th Judicial Region
Branch __
Malaybalay City, Bukidnon

CHARLITO MACA ALFANTE

Petitioner,

- versus -
IN RE: PETITION FOR
HABEAS CORPUS
The Jail Warden, Bukidnon
Provincial Detention
And Rehabilitation Center,
Malaybalay City, Bukidnon,
and All Other Persons
Acting on His Behalf And/or
Having Custody of
Charlito Maca Alfante
Respondents.
x - - - - - - - - - - - - x
PETITION

COMES NOW the Petitioner, by the undersigned

attorney, and unto this Honorable Court,
respectfully avers:

1. That petitioner _____________ is of legal age,

married and a resident of _____________,
Philippines, while respondent is also of legal
age and may be served with summons, writs and
all orders of the Honorable Court at his office
address at _____________, Philippines;

2. That the petitioner, _____________, in whose

behalf this application is being made, is
actually restrained of his liberty by the
respondent _____________ who is the Chief of
 Police of _____________ at the _____________
Police Station;

3. That sometime in the morning of _____________,

petitioner was taken into custody by the said
respondent without a warrant of arrest and
detained at the _____________ Police Station
without any criminal charges being filed against
him before the proper judicial authorities
despite the lapse of ________ (______).
Moreover, petitioner was taken by the respondent
not under any of the circumstances where a
warrantless arrest is allowed by the law or the
Rules of Court;

4. That such restraint of liberty of the petitioner

by the respondent is therefore without any legal
authority;

5. That the petitioner through counsel has

exhausted all efforts available at law but to
no avail, and that he has no other plain, speedy,
and adequate remedy to protect his personal
rights and secure his personal liberty except
by his application for a Writ of Habeas Corpus.

PRAYER
WHEREFORE, petitioner most respectfully prays
that a Writ of Habeas Corpus be issued by this
Honorable Court, directed to the respondent
_____________ commanding the latter to produce the
body of _____________ before this Court at the time
and place therein specified, and to summon the
respondent _____________ then and there to appear
and to show cause of the detention of said
_____________; and that after due proceedings, the
said _____________ be restored of his liberty and
forthwith discharged from confinement .
_____________, Philippines, __Date__.
 (COUNSEL)

VERIFICATION AND CERTIFICATION

REPUBLIC OF THE PHILIPPINES)

Province of _______________) S.S.
City/Municipality of _____)
x - - - - - - - - - - -- x

I, _____________, of legal age, Filipino,

(single / married / widow), and a resident of
_____________, Philippines, after being sworn in
accordance with law, hereby depose and say:

That I am the (Plaintiff / Complainant /

Petitioner) in the above-entitled case;

That I have caused the preparation of the above

(Complaint / Petition) and I have read the same and
knows the contents thereof;

That the allegations contained therein are true

and correct of my own personal knowledge.

That I further certify that: (a) I have not

theretofore commenced any other action or proceeding
or filed any claim involving the same issues or matter
in any court, tribunal, or quasi-judicial agency and,
to the best of my knowledge, no such action or
proceeding is pending therein; (c) if I should
thereafter learn that the same or similar action or
proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals, or any other
tribunal or quasi-judicial agency, I undertake to
report such fact within five (5) days therefrom to
the court or agency wherein the original pleading and
sworn certification contemplated herein have been
filed.
 IN WITNESS WHEREOF, I have hereunto set my hand
this _____________ at _____________, Philippines.

AFFIANT

SUBSCRIBED AND SWORN to before me, this

_____________, by _____________ who exhibited to me
(his/her) Community Tax Certificate No.
_____________ issued at _____________, Philippines
on _____________.

NOTARY PUBLIC

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of ______;