HABEAS CORPUS

Rule 102, 1997 Rules of Court

Habeas Corpus

Definition: Bouvier’s Law Dictionary defines habeas corpus as a writ directed to the person detaining
another and commanding him to produce the body of the prisoner at a certain time and place, with the day
and the cause of his caption and detention, to do, and receive whatsoever the court or judge awarding the
writ shall consider in that behalf

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.

It is a proceeding which provides for two stages whereby:

1) a person restrained of his liberty may be released from any kind of illegal detention; or

2) are detained from the control of those who are entitled to their custody
Who may file?

The petition shall be signed and verified by:

1) Either the party for whose relief it is intended; or

2) by some person on his behalf.

Where to file?

Enforceable anywhere in the Philippines:

1. Sandiganbayan
2. Court of Appeals
3. Supreme Court

Enforceable in the Judicial District:

Regional Trial Court

What are the contents of the petition?

“Section 3. Requisites of application therefor. — 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:

(a) That the person in whose behalf the application is made is imprisoned or restrained on his liberty;

(b) 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;

(c) The place where he is so imprisoned or restrained, if known;

(d) A copy of the commitment or cause of detention of such person, if it can be procured without impairing
the efficiency of the remedy; or, if the imprisonment or restraint is without any legal authority, such fact shall
appear.”

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MOTION TO RESET ARRAIGNMENT
Arraignment
It is the means for bringing the accused into court and informing him of the nature
and cause of the accusation against him. During arraignment, he is made fully aware of
possible loss of freedom or of life. He is informed why the prosecuting arm of the State is
mobilized against him.
It is made through as follows:
1. In open court;
2. By the judge or clerk;
3. By furnishing the accused with a copy of the complaint or information;
4. Reading it in the language or dialect known to him; and
5. Asking him whether he pleads guilty or not guilty.

The arraignment and the pre-trial if the accused pleads not guilty to the crime
charged, shall be held within 30 days from the date the court acquire jurisdiction over the
person of the accused.
However in the following cases, the accused should be arranged within a
shorter period, as required by law:
1. Where the complainant is about to depart from the Philippines with no
definite date of return, the accused should be arraigned without delay
and his trial should commence within 3 days from arraignment.
2. The trial of cases under the Child Abuse Act requires that the trial should
be commenced within 3 days from arraignment.
3. When the accused is under preventive detention, his case shall be
raffled and its records transmitted to the judge to whom the case is
raffled within 3 days from the filing of the information or complaint.The
accused shall be arraigned within 10 days from the date of raffle.

Grounds to Reset Arraignment

1. Pendency of a motion to quash;
2. A bill of particulars; or
3. Other cause justifying suspension of the arraignment. 1

Sample

1
Sec. 2, Circular No. 38-98.

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MOTION FOR REINVESTIGATION
RULE 112
Preliminary Investigation
Section 1. Preliminary investigation defined; when required. — Preliminary
investigation is an inquiry or proceeding to determine whether there is sufficient ground
to engender a well-founded belief that a crime has been committed and the respondent
is probably guilty thereof, and should be held for trial.
Except as provided in section 7 of this Rule, a preliminary investigation is required to be
conducted before the filing of a complaint or information for an offense where the penalty
prescribed by law is at least four (4) years, two (2) months and one (1) day without regard
to the fine. (1a)
Section 4. Resolution of investigating prosecutor and its review. — If the
investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the
resolution and information.
xxx
No complaint or information may be filed or dismissed by an investigating prosecutor
without the prior written authority or approval of the provincial or city prosecutor or chief
state prosecutor or the Ombudsman or his deputy.
Section 7
After the filing of the complaint or information in court without a preliminary investigation,
the accused may, within five (5) days from the time he learns of its filing, ask for a
preliminary investigation with the same right to adduce evidence in his defense as
provided in this Rule. (7a; sec. 2, R.A. No. 7438)

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MOTION TO DEFER ARRAIGNMENT

WHAT RULE TO APPLY IN PREPARING MOTION TO DEFER ARRAIGNMENT?

Section 11. Suspension of arraignment. — Upon motion by the proper party, the
arraignment shall be suspended in the following cases:

(a) The accused appears to be suffering from an unsound mental condition which
effective renders him unable to fully understand the charge against him and to
plead intelligently thereto. In such case, the court shall order his mental
examination and, if necessary, his confinement for such purpose;

(b) There exists a prejudicial question; and

(c) A petition for review of the resolution of the prosecutor is pending at either the
Department of Justice, or the Office of the President; provided, that the period of
suspension shall not exceed sixty (60) days counted from the filing of the petition
with the reviewing office. (12a)

WHO MAY FILE?

The counsel of the accused.

WHERE TO FILE?

The court where the case was filed.

WHAT ARE THE GROUNDS FOR DEFERRING ARRAIGNMENT?

1. The accused appears to be suffering from an unsound mental condition which

effectively renders him unable to fully understand he charge against him and to
plead intelligently thereto. In such
case, the court shall order his mental examination and, if necessary, his
confinement for such purpose;
2. There exists a prejudicial question; and
3. A petition for review of the resolution of the prosecutor is pending at either the
Department of Justice, or the Office of the President; provided, that the period of
suspension shall not exceed sixty (60)
days counted from the filing of the petition with the reviewing office.

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SAMPLE FORM:

Republic of the Philippines

National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 147, Makati City

CAPTION
PEOPLE OF THE PHILIPPINES,
& TITLE
Plaintiff,
Criminal Case No. 12345
- vs.- For: Frustrated Murder

JOSE PROTACIO,
Accused.
x--------------------------------------------x

OMNIBUS MOTION FOR PRELIMINARY INVESTIGATION

WITH MOTION TO DEFER ARRAIGNMENT
AND TO SUSPEND PROCEEDINGS

Accused, through the undersigned counsel, unto this Honorable Court, respectfully states:

1. That the instant case was filed by virtue of an Inquest Proceedings conducted by Inquest
Prosecutor Gregorio Santiago on February 20, 2019;

2. That the herein accused failed to submit any counter affidavit or any controverting
evidence in his behalf; B
O
3. That the accused believes that if he will be given an opportunity to answer the charges D
against him, the resolution could have been different; Y

4. That the accused most respectfully prays that a preliminary investigation for the instant
cases be conducted before the Office of the Provincial Prosecutor;

5. That this motion is not intended for delay but solely for the above-mentioned grounds.

WHEREFORE, premises considered, and in the interest of substantial justice it is humbly

prayed that the instant Motion be granted and the records of the instant case be transmitted to the
Office of the Provincial Prosecutor for the conduct of Preliminary Investigation. Movant further

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prays for the deferment of the arraignment and for the suspension of proceedings pending
resolution of preliminary investigation.

Other just and equitable reliefs are likewise prayed for.

Respectfully submitted.

20 February 2019
City of Makati. SIGNATURE

ATTY. JAIME REYES

Counsel for the Accused

NOTICE OF HEARING

THE BRANCH CLERK OF COURT

Regional Trial Court, Branch 147
Makati City

Greetings!

Please submit the foregoing motion for the kind consideration and approval of the
Honorable Court upon receipt hereof.

JAMIE REYES

Copy furnished by personal service:

PROSECUTOR MARIA MORALES

Office of the City Prosecutor, Makati City

ATTY. AMPARO CUENCA

Private Prosecutor
2233 Zamora Street, Pasay City

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