file:spcpro_part6.htm

VI. HABEAS CORPUS

1. Definition and Nature

Basically, it is a writ 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 capture and detention, to do, submit to, and receive
whatsoever the court or judge awarding the writ shall consider in that behalf.
The Latin term habeas corpus which literally means "you have the
body," is a high prerogative writ, of ancient common-law origin, the great
object of which is the liberalization of those who may be imprisoned without
sufficient cause.

2. Function and Scope of Writ

The writ of habeas corpus generally extends to all cases of illegal
confinement or detention by which a person is (1) deprived of liberty, or (2)
the rightful custody of a person is withheld from the person entitled thereto. 195 The writ of habeas corpus is no
longer available to one who is already out on bail. 196

3. Grounds for Relief

1. Deprivation of fundamental or
constitutional rights

There is restraint of liberty where one is deprived of freedom of action,
such as the freedom of locomotion. 197

2. Lack of jurisdiction of the court to
impose the sentence

A person may be detained on the basis of a void judicial order, such as
there the court issuing it had no jurisdiction of the crime charged, or of the
place where the crime was allegedly committed, or of the person of the accused 198 or where the court had no jurisdiction
over the subject matter. 199

3. Excessive penalty

The writ of habeas corpus
also issues when a bond given by the accused entitled thereto is not admitted,
or excessive bond is required, 200 or the penalty imposed by the court is
not provided by law. 201

4. Power to Grant Writ; Enforceability

The writ may be issued by the
Supreme Court or by the Court of Appeals or any member thereof, enforceable
anywhere in the Philippines, returnable to the same court or any member thereof
or to the RTC (CFI) or any judge thereof for hearing and decision. 202

5. Requisites of application

If the detention is by an officer, the writ shall be directed to him,
commanding him to bring the body of the person restrained of liberty before the
court at the time and place specified. If the detention is by a person other
than an officer, then the writ shall be directed to an officer commanding him
to the same effect and to summon the person restraining. The respondent will be
asked to explain the cause of the detention. 203

6. Procedure (Issuance of writ and return)

If the writ if issued by an RTC judge, it is returnable only to himself and
enforceable only within his judicial district (now region) 204

7. Discharge of Person Detained

When the prisoner is unlawfully restrained, the court or judge shall order
his discharge which shall not be effective until a copy of the order is served
on the officer or person detaining the prisoner. If such officer or person does
not desire to appeal, the prisoner shall be forthwith released. 205