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Rule 102: Writ of Habeas Corpus Guide

Rule 102 describes the process for habeas corpus petitions in the Philippines. A person deprived of liberty can file a petition signed by themselves or another on their behalf with the appropriate court. The petition must state the name of the person responsible for detention, the place of detention, and any commitment order or cause for detention. The court may then issue a writ commanding the person with custody to produce the prisoner at a specified time and place to determine if the detention is lawful.

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133 views1 page

Rule 102: Writ of Habeas Corpus Guide

Rule 102 describes the process for habeas corpus petitions in the Philippines. A person deprived of liberty can file a petition signed by themselves or another on their behalf with the appropriate court. The petition must state the name of the person responsible for detention, the place of detention, and any commitment order or cause for detention. The court may then issue a writ commanding the person with custody to produce the prisoner at a specified time and place to determine if the detention is lawful.

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RULE 102: HABEAS CORPUS

A person is deprived of his liberty by: PETITION signed and verified


Supreme Court
by:
a. Illegal confinement Court of Appeals
a. the party himself; or
b. Unlawful Detention [or any member thereof]
b. Other person in his Justice or Judge
c. His right custody is withheld from behalf;
Regional Trial Court may issue Writ by
another person entitled thereto Stating:
Municipal Trial Court himself or through
EXCEPT: when it is suspended due to 1. Name or description of
[[Link] Blg.129]on any the Clerk of Court
Invasion and Rebellion person responsible under the Courts
day, at any time
2. Place of Detention seal, commanding
3. Copy of commitment whoever is alleged
order or cause of to have the custody
detention, if any of the person to
produce said person
on a specified date,
time and place
stated therein.
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
Writ shall be served anywhere in
do, submit to, and receive whatsoever the
the Philippines by the Sheriff,
court or judge awarding the writ shall with assistance of peace officers,
consider in that behalf. if necessary

Return of Writ must be


duly subscribed and sworn
to
JUDGMENT
1. Commitment is lawful, and the crime
charged is;
APPEAL a. non-bailable = remain in detention
[Sec.19, Rule 41] HEARING
b. Bailable= admit to bail;
2. Commitment is Unlawful, and said
finding is not appealed, the person
shall be discharged.

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