BILL OF RIGHTS

SECTION 15

Section 15. “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.”

Privilege of the Writ of Habeas Corpus

WRIT OF HABEAS CORPUS – a writ directed to a 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 (capture) and detention, to do, submit
to, and receive whatever the court or judge awarding the writ shall consider in that behalf.

Limitations on the Power to Suspend the Privilege of the Writ under the 1987 Constitution

1. The President may suspend the privilege for a period not exceeding 60 days,

2. Congress may revoke the suspension w/c the President cannot set aside (Congress may also extend the
suspension upon the initiative of the President)

3. The Supreme Court, at the instance of ANY CITIZEN may review the “sufficiency of the factual basis of the
suspension” and must promulgate its decision w/in 30 days from its filing.

4. The suspension is reviewable by the Supreme Court. The power of the SC is no longer restricted to determining
if the President acted w/ arbitrariness; the SC is now empowered to:

a. review the “sufficiency of the factual basis”

b. determine whether the public safety requires the suspension

5. The only requisite for standing to challenge the validity of the suspension is that the challenger is a CITIZEN; he
need not even be a taxpayer

6. “Insurrection” is no longer a ground for the suspension of the privilege of the writ

7. “Imminent danger” of rebellion, insurrection, or invasion is no longer a ground for the suspension

8. The grounds for suspension are now limited to:

a. ACTUAL INVASION
b. ACTUAL REBELLION, when the public safety requires it

9. In case the privilege is suspended, the suspension shall apply only to persons judicially charged for rebellion or
offenses inherent in or directly connected with invasion, such as Crimes against National Security and the
Law of Nations. Examples: treason, espionage, communication in wartime w/ hostile country, and giving
information to hostile country.

10. Simply put, for a person to lose the privilege of the writ, he must first be judicially charged.

11. The person must be judicially charged w/in 3 days after being arrested or detained, otherwise he shall be
released. The purpose is simple: to require all those detained to be immediately turned over to the judicial
authorities.

12. Even if the person is arrested on the basis of a valid warrant, he must still be judicially charged w/in the said 3 day
period, otherwise he must be released

13. The suspension of the privilege of the writ DOES NOT SUSPEND THE RIGHT TO BAIL

Additional Notes from the Isagani Cruz Book:

1. The purpose of the writ is to test the validity of a person’s detention

 2. A Petition for Habeas Corpus takes precedence in the calendar of courts and must be acted upon immediately

3. Even moral restraint is a ground for the issuance of the writ, such as when a housemaid is prevented from
leaving her employ because of the person detaining her

4. Habeas corpus may also be resorted to in case of unlawful denial of bail, or in case of denial of the right to speedy
trial

5. After the lapse of 60 days, unless otherwise extended by Congress at the instance of the President, the
suspension is automatically lifted

6. There is a catch. Since Congress may extend the period of the suspension at the initiative of the President, the
extension may be indefinite depending on the will and discretion of the legislature. The Supreme Court then would
be the only hope depending upon the courage of that body.

Additional Reminders:

1. In revoking the suspension of the privilege, the Congress votes jointly. A majority vote is required and it may be
conducted during regular or special session.

2. If Congress is not in session, it is mandated by the Constitution to convene w/in 24 hours after the suspension of
the privilege of the writ

3. The imposition of Martial Law does not automatically suspend the privilege of the writ

4. During the suspension of the writ, any person arrested or detained must be charged w/in 3 days, otherwise he
must be released.