Habeas Corpus

Today, March 12, 2014, Delfin Lee will be brought to the Court of Appeals where his petition for habeas corpus was filed.  He was arrested to face the criminal charge of syndicated estafa.  He is the owner-developer of Globe Asiatique Realty Holdings.

However, his lawyer cried for an illegal arrest because allegedly the warrant for his arrest was already lifted and quashed by the Court of Appeals.  The State argued that before the quashal order becomes final, it has timely filed a motion for reconsideration to that effect.  

Thus, Lee's camp filed a petition for writ of habeas corpus and today is the scheduled hearing for such petition.  If the State cannot show good cause as to the detention of Delfin Lee, the latter might be released from prison.

So what is this Habeas Corpus?  This post would discuss the meaning of this habeas corpus and how it would be availed.

Definition of a Writ of Habeas Corpus:

A Writ of Habeas Corpus is a writ requiring a person to be brought before a judge or court, especially for investigation of a restraint of the person's liberty, used as a protection against illegal imprisonment.
It comes from Latin word:  literally, have the body (first words of writ), equivalent to habeās  2nd singular present subjunctive (with imperative force) of habēre  to have + corpus  body (http://dictionary.reference.com/browse/habeas+corpus).
To What Habeas Corpus Extends:
It 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, unless otherwise provided by law.
Who May Grant the Writ of Habeas Corpus:   
It may be granted by the:
1.  Supreme Court or any member thereof; 
2.  Court of Appeals or any member thereof;
3.  Court of First Instance (Regional Trial Court)
Requisites of Application for A Writ of Habeas Corpus:
Application for the writ shall be by petition signed and verified either by the party for whose relief it is intended, or by some person on his behalf, and shall set forth:
1.  That the person in whose behalf the application is made is imprisoned or restrained on his liberty;
2.  The officer or name of the person by whom he is so imprisoned or restrained; or, if both are unknown or uncertain, such officer or person may be described by an assumed appellation, and the person who is served with the writ shall be deemed the person intended;
3.  The place where he is so imprisoned or restrained, if known;
4.  A copy of the commitment or cause of detention of such person, if it can be produced without impairing the efficiency of the remedy; or, if the imprisonment or restraint is without any legal authority, such fact shall appear.
To Whom Writ Directed, and What to Require:
In case of imprisonment or restraint by an officer, the writ shall be directed to him, and shall command him to have the body of the person restrained of his liberty before the court or judge designated in the writ at the time and place therein specified.
In case of imprisonment or restraint by a person not an officer, the writ shall be directed to an officer, and shall command him to take and have the body of the person restrained of his liberty before the court or judge designated in the writ at the time and place therein specified, and to summon the person by whom he is restrained then and there to appear before said court or judge to show the cause of the imprisonment or restraint.
Source:  Revised Rules of Court of the Philippines 

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