Requisites for Suspension

Art. III, 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.

 Barcelon v. Baker
Held that the validity of the action taken by the Governor General was a political question not subject to judicial review

Montenegro v. Castaneda
President was in a better position than the Supreme Court to ascertain the real state of peace and order in the country

 Lansang v. Garcia
Supreme Court declared that it had the power to inquire into the factual basis of suspension of the privilege of writ and to annul the same if no legal ground established

Padilla-Garcia v. Enrile
Reversed Lansang and revived Montenegro

CASES

Velasco v. CA
Summary: Lawrence Larkins was charged with violation of BP22 and a year after, rape. Arrested and detained. Later on, posted bail. Despite this, refused to be released due to the subsisting rape case. Doctrine: Even if the arrest of a person is illegal, supervening events may bar his release or discharge from custody. The rule is, that if a person alleged to be restrained of his liberty is in the custody of an officer under process issued by a court or judge, and that the court or judge had jurisdiction to issue the process or make the order, or if such person is charged before any court, the writ of habeas corpus will not be allowed.

Sombong v. CA
Summary: Sombong brought Arabella to the clinic of Drs. Ty for treatment. She could not pay the hospital bill and as a result could not discharge her. Doctrine: To justify the grant of the writ of habeas corpus, the restraint of liberty must be in the nature of an illegal and involuntary deprivation of freedom of action. The grant of the writ in custody cases of minors will all depend on the concurrence of the following requisites: (1) that the petitioner has the right of custody over the minor; (2) that the rightful custody of the minor is being withheld from the petitioner by the respondent; and (3) that it is to the best interest of the minor concerned to be in the custody of petitioner and not that of the respondent.

Manalo v. Calderon
Summary: Members of the PNP Regional Special Operations Group (PNP-RSOG), placed under restrictive custody Doctrine: The ultimate purpose of the writ of habeas corpus is to relieve a person from unlawful restraint. A petition for habeas corpus will be given due course only if it shows that petitioner is being detained or restrained of his liberty unlawfully. A restrictive custody and monitoring of movements or whereabouts of police officers under investigation by their superiors is not a form of illegal detention or restraint of liberty.