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Privilege of the Writ of Habeas Corpus



The Writ of Habeas Corpus
The Writ of Habeas Corpus 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 caption
and detention, to do, to submit to, and receive whatever the court
or judge awarding the writ shall consider in his behalf.


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


To What Habeas Corpus Extends
Except as otherwise provided by law, the writ of habeas corpus shall
extend to all cases of illegal confinement or detention by which any
person is deprived of his liberty, or by which the rightful custody
of any person is withheld from the person entitled thereto.


Privilege
It is the right to have an immediate determination of the
legality of the deprivation of physical liberty.


Suspension of the Privilege

In case of invasion or rebellion, when the public safety requires
it, the President, may for a period not exceeding 60 days, suspend
the privilege of the writ of habeas corpus.


General Limitations on the power to suspend the privilege
1. Time limit of 60 days
2. Review and possible revocation by congress
3. Review and possible nullification by the Supreme Court.


To Whom Applicable
The Suspension of the privilege of the writ shall apply only to
persons judicially charged for rebellion or offenses inherent
in or directly connected with invasion.


Effect on Applicable Persons
During the suspension of the privilege of the writ, any person thus
arrested or detained shall be judicially charge within 3 days,
otherwise he shall be released.


What happens if the person arrested or detained is not 
judicially charge nor released after 3 days ?
The Public officer will be liable under Art.125 of the
Revised Penal Code for delay in the delivery of detained person.


Persons suspected of the above crimes can be arrested and detained
without warrant of arrest.


The suspension of the privilege does not make the arrest without
warrant legal. But the military is in effect, enabled to make the
arrest anyway since, with the suspension of the privilege, there
is no remedy available against such unlawful arrest. (arbitrary
detention).


The Crime for which he is arrested must be one related to
rebellion or invasion. As to other crimes, the suspension of the
privilege does not apply.


The Suspension of the privilege of the writ does not impair
the right to bail.


Grounds For Suspending The Privilege Of the Writ Of Habeas Corpus
1. In Case of Invasion or Rebellion
2. When the public safety requires it


Duration
Not to exceed 60 days, following which it shall be lifted,
unless extended by congress.


Ways To Lift The Suspension
1. Lifting by the President himself
2. Revocation by congress
3. Nullification by the Supreme Court
4. By operation of law after 60 days


Duty of the President
Within 48 hours from the proclamation of Martial law or the
suspension of the privilege of the writ of habeas corpus, the
President shall submit a report in person or in writing to the
congress.


Role of Congress
1. Congress convenes
2. Congress may either revoke or extend


The Congress if not in session shall, within 24 hours following
the proclamation or suspension , convene according to its rule
without need of a call.


The Congress, voting jointly, by a vote of at least a majority
of all its members in regular or special session, may revoke
the proclamation or suspension, which the President may not set
aside.


Upon the initiative of the President, the congress may, in the same
manner, extend such proclamation or suspension for a period to be
determined by the congress, if the invasion or rebellion shall
persist and public safety requires it.


Role of the Supreme Court
The Supreme Court may review in appropriate proceeding filed by
any citizen, the sufficiency of the factual basis of the
proclamation of martial law or the suspension of the privilege of
the writ or the extension thereof, and must promulgate  its
decision thereof within 30 days from its filing.


1997 Bar Exam Question

Facts:
Claiming they were illegally arrested without any warrant of arrest,
Petitioners sued several officers of the AFP for damages. The
officers of the AFP argued that the action was barred since the
suspension of the privilege of the writ of habeas of corpus
precluded judicial inquiry into the legality of their detention.


Held:
The contention of the AFP officers has no merits.
The suspension of the privilege of the writ of habeas corpus does
not render valid an otherwise illegal arrest or detention.
What is suspended is merely the right of individual to seek
release from detention through the writ of habeas corpus.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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