Title

The Role of the Judiciary in Protecting Human Rights

of the Filipinos

HUMAN RIGHTS are inalienable fundamental rights to which a person is inherently

Statement of entitled simply because she or he is a human being. These rights need to be protected
the Problem for the enjoyment of individual freedom and manner of living.
The denial of these inherent rights is not only an individual and personal tragedy but
also creates conditions of social and political unrest and introduces violence and
precedence for future abusers. The continues violation of human rights in our country
needs the attention of the National Courts especially the Supreme Court which is the
last bulwark of defense.
Aside from the rights which are inherent, the Constitution guarantees various rights of
Filipinos which must be observed and protected. The problem is that how will Filipinos
know their rights?
The Judiciary plays a very important role in promoting and protecting human rights.
National Courts are the primary bodies to which victims of human rights violations look
to obtain formal redress.
To protect Human Rights, the Supreme Court may promulgate rules in order to provide
legal assistance to the underprivileged. This is the component of social justice in the
Constitution, which pushes the interest of the weaker side of society. This involves the
role and importance of judicial independence in providing a truly effective remedy to
the victims and exploration of how judges can deal with allegations of violations of
human rights.
The 1987 Constitution molded an even stronger and more independent judiciary.
Among others, it enhanced the rule-making power of the Supreme Court. The Supreme
Court was given the power to promulgate rules concerning the protection and
enforcement of Constitutional rights.
As we all know and see Human rights in the Philippines has been a subject of concern
and controversy. According to U.S. Country Profile on the Philippines dated March
2006, the U.S. State Department reported that Philippine security forces have been
responsible for serious human rights abuses despite the efforts of civilian authorities to
control them.The report found that although the government generally respected
human rights, some security forces elementsparticularly the Philippine National
Policepracticed extrajudicial killings, vigilantism, disappearances, torture, and
arbitrary arrest and detention in their battle against criminals and terrorists. Prison
conditions were harsh, and the slow judicial process as well as corrupt police, judges,
and prosecutors impaired due process and the rule of law. Besides criminals and
terrorists, human rights activists, left-wing political activists, and Muslims were
sometimes the victims of improper police conduct. Violence against women and abuse
of children remained serious problems, and some children were pressed into slave
labor and prostitution.
 Extra-Judicial Killings
Disappearances
Torture
Arbitrary arrest
Illegal detention
Violence against women and children

Issues 1. How can the judiciary inform the citizens of their rights as guaranteed by the
Constitution?
Is there a body or agency that will provide the people access to
information concerning their rights?
If so, has this body or agency proven to be effective?

2. How can Philippine courts be strengthened in terms of impartiality and

independence?
Is there an institution that will enhance such ideal qualities of the
courts?
Is there any program that will improve the morale of the judges?

3. How can the court ensure the remedies are enforced?

How can the court speedily hear cases without sacrificing its integrity?

Remedies Mandated under Par. 2, Section 1, Article VIII of the 1987 Constitution that in essence
states that courts settle actual controversies involving rights which are legally
demandable and enforceable, the Judiciary's role in the protection, preservation, and
advancement of human rights is part and parcel and at the very core of the functions
embodied in the institution. From the lower Courts, to the appellate courts, and in the
echelons of the Supreme Court (SC), rules are promulgated that concern the protection
and enforcement of procedural rights, pleading, practice, and procedure in all courts,
among others.

Under Presidential Decree No. 842 amending Presidential Decree No. 828,
strengthened by SC Resolution dated October 24, 1996 the Office of the Court
Administrator was created and authorized with the administration and supervision of
the lower courts. The OCA oversees about 2,153 courts namely the Regional Trial
Courts, Metropolitan Trial Courts, Municipal Trial Courts, Municipal Circuit Trial Courts,
Municipal Trial Court in Cities, and Shari'a Circuit Trial Court.

It is task of the OCA to ensure that judges administer justice compatible with
independence, impartiality, integrity, competence, and promptness.

To create and ensure an environment to fully discharge their adjudicative and

administrative responsibilities efficiently and effectively, promote procedural and
administrative improvements in the courts in identifying in particular the various
factors which cause docket congestion. Docket Congestion is a problem that pertains to
the voluminous number of cases left undecided in the Judiciary, thus hampering the
rights of litigants and the parties concerned. The above core function is basic in the
furtherance of the rights of litigants. Besides this, the OCA also conducts judicial audits
through the Office of the Deputy Court Administrators and Assistant Court
Administrators nationwide on undecided cases, reported irregularities, and violations
of SC Circulars, in order to maintain a system of check and balances, and accountability
within the institution itself.

Under the OCA, several offices assist in the planning, administration and
implementation for the speedy disposition of cases and the immediate dispensation of
justice. Such offices include the Offices of the Deputy Court Administrators, the
Assistant Court Administrators, the Court Management Office, and the Legal Office.

The Office of the Deputy Court Administrator and the Assistant Court Administrators
aid the OCA in the administration of the lower courts based on their regions concern.
These Offices also address written concerns of litigants and the public with regards to
their legal rights and issues pertaining to law.

Further assisting the OCA in the monitoring of the case dockets of the lower courts is
the Court Management Office (CMO). This office is composed of divisions that monitor
and supervise the lower courts. These divisions conduct periodic and systematic
inventory of all records of pending criminal and civil cases. The CMO is tasked to
identify the Courts with heavy caseloads and monitors case disposition rates of the
lower courts, and prepares the necessary recommendations. Helps assess the monthly
performance of the judges that they decide their cases with dispatch within the
mandatory 90-day as per Article VIII, Section 15(1) of the Constitution.

Legal Office

To ensure checks and balances within the institution well as insure accountability
among the justices, judges and court employees of the lower courts, the Legal Office
receives, processes, evaluates, and makes recommendations to the Supreme Court in
answer to administrative complaints filed against Justice of the Court of Appeals,
Sandiganbayan, and the Judges and employees of the lower Courts. This function of the
Legal Office affords litigants the protection of their right to seek redress for any
grievance that may have resulted from alleged violations of erring members of the
Judiciary.

The Action Program for Judicial Reform (APJR)

In keeping with the Judiciary's role for the advancement of the protections and
preservation of rights, former Chief Justice HilarioDavide's laid the groundwork for the
fleshing out of the vision of a judiciary that is independent, effective, efficient, worthy
of public trust and confidence as well as a legal profession that provides quality, ethical,
accessible and cost-effective legal service.
The Action Program for Judicial Reform (APJR) is a comprehensive and extensive reform
five-year plan of the Supreme Court to enhance the conditions and performance for the
improved delivery of judicial services. Among the goals of the APJR included, the
impartiality, access to and speedy judicial systems, and a consensus building and
collaboration with civil society. The target areas for development were:

Judicial Systems and Procedures

Institutions Development
Human Resources Development
Integrity and Infrastructure Development
Access to Justice by the Poor
Reform Support systems
Procurement of Mobile Courts
Computerization of the Courts
Public Education on the Rule of Law Advancement and Support (Grassroots level)
Dialogues with the Judiciary, Business Sectors, the Bar, and Bench

The Program Management Office was created by the Office of the Chief Justice, as well
as the Executive Committee and Technical Working Group to implement the APJR. (SC
En Banc Resolution A.M. No. 01-07-09, July 17, 2001)

Among the projects implemented in the five-year plan included:

Caseflow Management Pilot Project in the Pasay City Courts

Conducts of Further Study on Operations and linkages of 5 Pillars of Justices
Court Administration Management Information System
Reducing Docket Congestion in the Sandiganbayan on a Sustainable Basis

Philippine Judicial Academy (PHILJA)

The Philippine Judicial Academy (PHILJA) was created under SC Administrative Order
35-96 dated March 16, 1995, per Republic Act 8557 dated February 26, 1998, that
established the mandate for the PHILJA to implement the declared policy of the State
to ensure an efficient and credible judiciary with continuing education and training.
__
The PHILJA is tasked to prepare judges and judicial personnel in the proficient discharge
of their duties. PHILJA handles the orientation of newly appointed judges, conducts
seminars on career enhancement workshops, Court Annex Mediation, and the use of
Alternative Dispute Resolution (ADR).

SEMINARS AND CONFERENCES

The Supreme Court in the recognition for the need to address the concern involving the
promotion and protection of human rights also held conferences and workshops for the
said purpose. These included:
 Summit on Extra Judicial Killings and Enforced Disappearances in the
second quarter of 2007
Seminar Workshops for Judges on Extra-Judicial Killings and Enforced
Disappearances
Seminar Workshop on the Convention Elimination of all forms of
Discrimination against Women (CEDAW) and Gender Sensitivity and
the Courts
Seminar on Democracy and Law at the Service of the Human Person

Topics:

Strengthening the Rule of Law

Tolerance, Respect, and Multi-Culturalism
Democracy, Law and the Human Person
Developing Good Citizenship Values

7th International Society on the Prevention of Child Abuse and Neglect Asian Regional
Conference I am for the Child surrounded the themes on physical and sexual abuse in
children, children in conflict with the law, children in natural disasters.

Other projects of the Judiciary for the advancement of Human rights:

Access to Justice for the Poor Project

These seminars to increase the basic knowledge about rights and the justice system.
Included topics were those of indigenous peoples, victims of human trafficking and
violence against women and children.

Enhanced Justice on Wheels

The Enhanced Justice on Wheels (EJOW) Program of the Judiciary is targeted to give
litigants and the public their right to the speedy disposition of cases and the
dispensation of justice for all classes. From 2008 to 2010 the EJOW has released a total
of 5,270 inmates, 6,830 cases solved by mediation, 10,073 given medical and dental
assistance, 2,514 free legal aid, and 14,980 barangay officials have attended the
information dissemination conducts. Eight mobile buses have rolled out to the key
cities in the National Capital Region, and provinces nationwide.

Committee on Gender Responsiveness in the Judiciary

Under this Committee the Judiciary implements its Strategic Gender and Development
Mainstreaming Plan for the Philippine Judicial System. That aims to provide sensitive
and gender responsive courts and employees. Among these activities include Women's
Month every March, training on Gender Sensitivity and Anti-Sexual Harassment for
Lawyers Court Officials and employees, the use of Gender Fair Language in
decisionsand correspondences in the Judiciary.
Chief Justice Committee to Address Case Congestion and Delays in the Lower Courts

rationale and policy guidance to all the docket decongestion and delay reduction efforts
of SCconducts and inventory and profile of the case congested courts and investigates
its causes.

SC Circulars

In implementation of laws promulgated by the State, the Supreme Court comes out
with Circulars for the courts nationwide to adhere and implement in the interest of the
immediate and proper dispensation of justice. Among these include:

SC Circular No. 38-98

Implementing RA No. 8493, An Act to Ensure a Speedy Trial of All Criminal Cases before
the Sandiganbayan, Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial
Courts, Municipal circuit Trial Courts, Municipal Trial Court in Cities, and appropriating
Funds thereof and for other Purpose

In essence requires that cases should be decided in no less than 180 days except as
otherwise authorized by the Court Administrator per Section 2, Rule 30 of the Rules of
Court

SC Circular 56-92 October 5, 1992

Speedy Disposition of Criminal Cases with Detention Prisoners and the Witness
Protection, Security, and Benefit Witnesses

Required all judges to act promptly on cases in their respective salas in criminal cases
involving detention prisoners per Administrative Circular 4 dated September 22, 1988
adhere to Section 9, RA 6981 which provides:

In any case where a witness admitted hall testify the judicial and quasi-judicial
body investigating authority shall assure a speedy hearing/trial and shall endeavor to
finish said processing within 3 months from the filing of the case.

SC Administrative Circular No. 23-95 Speedy Disposition of Cases Involving Children

Enjoins all trial judges to act with dispatch in all cases involving children but not limited
to child labor cases under Republic Act No. 7610, (Act Providing for Stronger
Deterrence and Special Protection Against Child Abuse Exploitation and Discrimination,
and for other Purposes).

The circular instructs that arraignment should be scheduled within a week after the
accused is placed in the Court's custody or the filing of the bail bond and pre-trial. Trial
should be scheduled three days from arraignment.
 OCA Circular No. 151-2010

Enjoins all trial courts to expedite the disposition of cases involving Republic Act No.
9208, Anti-Trafficking of Persons of 2003.The circular mandated that such cases should
be heard continuously with the hearing dates spaced not more than two weeks apart.
Cases should be decided with dispatch 180 days from arraignment.

A.M. No. 08-8-7-SC Rule on Small Claims

Ordinary litigants can prosecute and defend cases through ready-made forms without
lawyers for money claims below P1,000. Amended the procedure to include the
mandatory personal appearance of parties to the hearing.

Application of
laws
Writ of Amparo
What is the writ of amparo?

It is a remedy available to any person whose right to life, liberty, and security has been
violated or is threatened with violation by an unlawful act or omission of a public official
or employee, or of a private individual or entity. The writ covers extralegal killings and
enforced disappearances or threats thereof.

Origin of the remedy:

The writ of amparo (which means protection) is of Mexican origin. Its present
form is found in Articles 103 and 107 of the Mexican Constitution.
Recurso de Amparo is a remedy against acts that violate any of the individual
guarantees recognized in the Mexican constitution. It is available in most legal
controversies and may be invoked in criminal, civil and administrative trials.
In its country of origin, the recurso de amparo, is of much broader application
than what the Philippine Supreme Court has decided to adopt under the present Rule. It
is also much broader in scope and application than the writ of habeas corpus, because
the latter is limited to cases of illegal confinement or detention.
The decision of the Philippine Supreme Court to limit it to extrajudicial killings, enforced
disappearance and threats to life, liberty and security may be because present
Philippine laws and remedies already cover much of what the Mexican amparo includes
within its protection. At its core is the power of judicial review, which is also expressly
found in our Philippine constitution.

What rule governs petitions for and the issuance of a writ of amparo?

It is governed by The Rule on the Writ of Amparo (A.M. No. 07-9-12-SC), which was
approved by the Supreme Court on 25 September 2007. This Rule also governs existing
cases involving extralegal killings and enforced disappearances or threats thereof.

What is the Supreme Courts basis in issuing the Rule?

The Rule was drafted pursuant to the Supreme Courts constitutional power to
promulgate rules for the protection and enforcement of constitutional rights
(Constitution, Art. VIII, Sec. 5[5]).

When does the Rule take effect?

The Rule takes effect on 24 October 2007, following its publication in three (3)
newspapers of general circulation.

Who may file a petition for the issuance of a writ of amparo?

The petition may be filed by the aggrieved party or by any qualified person or entity in
the following order:

(a) Any member of the immediate family, namely: the spouse, children and parents of
the aggrieved party;

(b) Any ascendant, descendant or collateral relative of the aggrieved party within the
fourth civil degree of consanguinity or affinity, in default of those mentioned in the
preceding paragraph; or

(c) Any concerned citizen, organization, association or institution, if there is no known

member of the immediate family or relative of the aggrieved party.
The filing of a petition by the aggrieved party suspends the right of all other authorized
parties to file similar petitions. Likewise, the filing of the petition by an authorized party
on behalf of the aggrieved party suspends the right of all others, observing the order
established herein.

Where can the petition be filed?

The petition may be filed on any day and at any time with the Regional Trial Court of the
place where the threat, act or omission was committed or any of its elements occurred,
or with the Sandiganbayan, the Court of Appeals, the Supreme Court, or any justice of
such courts. The writ shall be enforceable anywhere in the Philippines.
When issued by a Regional Trial Court or any judge thereof, the writ shall be returnable
before such court or judge.

When issued by the Sandiganbayan or the Court of Appeals or any of their justices, it
may be returnable before such court or any justice thereof, or to any Regional Trial
Court of the place where the threat, act or omission was committed or any of its
elements occurred.

When issued by the Supreme Court or any of its justices, it may be returnable before
such Court or any justice thereof, or before the Sandiganbayan or the Court of Appeals
or any of their justices, or to any Regional Trial Court of the place where the threat, act
or omission was committed or any of its elements occurred.

How much is the docket or filing fees for the petition?

There is NO docket and other lawful fees for the petition. The court, justice or judge shall
docket the petition and act upon it immediately.

What are the required contents of the petition?

The petition shall be signed and verified and shall allege the following:
(a) The personal circumstances of the petitioner;

(b) The name and personal circumstances of the respondent responsible for the threat,
act or omission, or, if the name is unknown or uncertain, the respondent may be
described by an assumed appellation;

(c) The right to life, liberty and security of the aggrieved party violated or threatened with
violation by an unlawful act or omission of the respondent, and how such threat or
violation is committed with the attendant circumstances detailed in supporting affidavits;

(d) The investigation conducted, if any, specifying the names, personal circumstances,
and addresses of the investigating authority or individuals, as well as the manner and
conduct of the investigation, together with any report;

(e) The actions and recourses taken by the petitioner to determine the fate or
whereabouts of the aggrieved party and the identity of the person responsible for the
threat, act or omission; and

(f) The relief prayed for the petition may include a general prayer for other just and
equitable reliefs.

When is the writ of amparo issued?

Upon the filing of the petition, the court, justice or judge shall immediately order the
issuance of the writ if on its face it ought to issue. The clerk of court shall issue the writ
under the seal of the court; or in case of urgent necessity, the justice or the judge may
issue the writ under his or her own hand, and may deputize any officer or person to
serve it. The writ shall also set the date and time for summary hearing of the petition
which shall not be later than seven (7) days from the date of its issuance.

Is there any penalty in case of refusal to issue or serve the writ?

Yes. A clerk of court who refuses to issue the writ after its allowance, or a deputized
person who refuses to serve the same, shall be punished by the court, justice or judge
for contempt without prejudice to other disciplinary actions.

How is the writ of amparo served?

The writ is served on the respondent by a judicial officer or by a person deputized by the
court, justice or judge who shall retain a copy on which to make a return of service. In
case the writ cannot be served personally on the respondent, the rules on substituted
service shall apply.

After the writ is served, what should the respondent do?

Within seventy-two (72) hours after service of the writ, the respondent shall file a verified
written return together with supporting affidavits which shall, among other things, contain
the following:

(a) The lawful defenses to show that the respondent did not violate or threaten with
violation the right to life, liberty and security of the aggrieved party, through any act or
omission;

(b) The steps or actions taken by the respondent to determine the fate or whereabouts
of the aggrieved party and the person or persons responsible for the threat, act or
omission;
(c) All relevant information in the possession of the respondent pertaining to the threat,
act or omission against the aggrieved party; and

(d) If the respondent is a public official or employee, the return shall further state the
actions that have been or will still be taken:

(i) to verify the identity of the aggrieved party;

(ii) to recover and preserve evidence related to the death or disappearance of the
person identified in the petition which may aid in the prosecution of the person or
persons responsible;

(iii) to identify witnesses and obtain statements from them concerning the death or
disappearance;

(iv) to determine the cause, manner, location and time of death or disappearance as well
as any pattern or practice that may have brought about the death or disappearance;

(v) to identify and apprehend the person or persons involved in the death or
disappearance; and

(vi)to bring the suspected offenders before a competent court.

The return shall also state other matters relevant to the investigation, its resolution and
the prosecution of the case. A general denial of the allegations in the petition shall not
be allowed. All defenses shall be raised in the return, otherwise, they shall be deemed
waived.

What happens if the respondent fails to file return?

The court, justice or judge shall proceed to hear the petition ex parte or even without the
appearance of the respondent.

What is the nature of the hearing on the petition?

The hearing on the petition shall be summary. However, the court, justice or judge may
call for a preliminary conference to simplify the issues and determine the possibility of
obtaining stipulations and admissions from the parties. The hearing shall be from day to
day until completed and given the same priority as petitions for habeas corpus.

What are the interim reliefs available to the petitioner?

Upon filing of the petition or at anytime before final judgment, the court, justice or judge
may grant any of the following reliefs:

(a) Temporary Protection Order. The court, justice or judge, upon motion or
motuproprio, may order that the petitioner or the aggrieved party and any member of the
immediate family be protected in a government agency or by an accredited person or
private institution capable of keeping and securing their safety. If the petitioner is an
organization, association or institution referred to in Section 3(c) of the Rule, the
protection may be extended to the officers involved. The Supreme Court shall accredit
the persons and private institutions that shall extend temporary protection to the
petitioner or the aggrieved party and any member of the immediate family, in
accordance with guidelines which it shall issue. The accredited persons and private
institutions shall comply with the rules and conditions that may be imposed by the court,
justice or judge.
(b) Inspection Order. The court, justice or judge, upon verified motion and after due
hearing, may order any person in possession or control of a designated land or other
property, to permit entry for the purpose of inspecting, measuring, surveying, or
photographing the property or any relevant object or operation thereon. The motion shall
state in detail the place or places to be inspected. It shall be supported by affidavits or
testimonies of witnesses having personal knowledge of the enforced disappearance or
whereabouts of the aggrieved party. If the motion is opposed on the ground of national
security or of the privileged nature of the information, the court, justice or judge may
conduct a hearing in chambers to determine the merit of the opposition. The movant
must show that the inspection order is necessary to establish the right of the aggrieved
party alleged to be threatened or violated. The inspection order shall specify the person
or persons authorized to make the inspection and the date, time, place and manner of
making the inspection and may prescribe other conditions to protect the constitutional
rights of all parties. The order shall expire five (5) days after the date of its issuance,
unless extended for justifiable reasons.

(c) Production Order. The court, justice or judge, upon verified motion and after due
hearing, may order any person in possession, custody or control of any designated
documents, papers, books, accounts, letters, photographs, objects or tangible things, or
objects in digitized or electronic form, which constitute or contain evidence relevant to
the petition or the return, to produce and permit their inspection, copying or
photographing by or on behalf of the movant. The motion may be opposed on the
ground of national security or of the privileged nature of the information, in which case
the court, justice or judge may conduct a hearing in chambers to determine the merit of
the opposition. The court, justice or judge shall prescribe other conditions to protect the
constitutional rights of all the parties.

(d) Witness Protection Order. The court, justice or judge, upon motion or motuproprio,
may refer the witnesses to the Department of Justice for admission to the Witness
Protection, Security and Benefit Program, pursuant to Republic Act No. 6981. The court,
justice or judge may also refer the witnesses to other government agencies, or to
accredited persons or private institutions capable of keeping and securing their safety.

Are these interim reliefs also available to the respondent?

Yes, but only the interim reliefs of Inspection Order and the Production Order. These
interim orders may be issued only after a verified motion is filed by the respondent,
supported by affidavits or testimonies of witnesses having personal knowledge of the
defenses of the respondent, and after due hearing.

What is the required burden of proof?

The parties shall establish their claims by substantial evidence. The respondent who is a
private individual or entity must prove that ordinary diligence as required by applicable
laws, rules and regulations was observed in the performance of duty. The respondent
who is a public official or employee must prove that extraordinary diligence as required
by applicable laws, rules and regulations was observed in the performance of duty.

Can the respondent invoke the legal presumption (Rules of Court, Rule 131, Sec.
3[m]) that official duty has been regularly performed?

No. The respondent public official or employee cannot invoke the presumption that
official duty has been regularly performed to evade responsibility or liability.

How long does the court have in deciding the petition?

The court shall render judgment within ten (10) days from the time the petition is
submitted for decision. If the allegations in the petition are proven by substantial
evidence, the court shall grant the privilege of the writ and such reliefs as may be proper
and appropriate; otherwise, the privilege shall be denied.

What happens if the court determines that it cannot proceed for a valid cause,
such as the failure of petitioner or witnesses to appear due to threats on their
lives?

The court shall not dismiss the petition, but shall archive it. The amparo court may, on its
own or upon motion by any party, order the revival of the petition when ready for further
proceedings. The petition shall be dismissed with prejudice upon failure to prosecute the
case after the lapse of two (2) years from notice to the petitioner of the order archiving
the case.

Does the filing of the petition preclude the filing of separate criminal, civil or
administrative actions?

No. However, when a criminal action has been commenced, no separate petition for the
writ shall be filed, but the reliefs under the writ shall be available by motion in the
criminal case, and the procedure under this Rule shall govern the disposition of the
reliefs available under the writ of amparo.
When a criminal action is filed subsequent to the filing of a petition for the writ, the latter
shall be consolidated with the criminal action.
When a criminal action and a separate civil action are filed subsequent to a petition for a
writ of amparo, the latter shall be consolidated with the criminal action. After
consolidation, the procedure under this Rule shall continue to apply to the disposition of
the reliefs in the petition.

Writ of Habeas Corpus

What is a writ of habeas corpus?

Habeas corpus is a Latin phrase which literally means you have the body.

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.

What is the scope of the writ of habeas corpus?

The writ of habeas corpus generally extends to all cases of illegal confinement
or detention by which a person is deprived of liberty, or the rightful custody of a person
is withheld from the person entitled thereto. What is the scope of the writ of habeas
corpus?

Who may issue the writ of habeas corpus?

The writ may be issued by the Supreme Court or by the Court of Appeals or any
member thereof, enforceable anywhere in the Philippines.

It may also be issued by the Regional Trial Cout (RTC) or any judge thereof,
enforceable only within the judicial district.

To whom is the writ directed?

1. 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.

2. 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.

1987 Philippine Constitution

Art. VII. Sec. 18

The President shall be the Commander-in-Chief of all armed forces of the

Philippines and whenever it becomes necessary, he may call out such armed forces to
prevent or suppress lawless violence, invasion or rebellion. In case of invasion or
rebellion, when the public safety requires it, he may, for a period not exceeding sixty
days, suspend the privilege of the writ of habeas corpus or place the Philippines or any
part thereof under martial law. Within forty-eight 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. The Congress,
voting jointly, by a vote of at least a majority of all its Members in regular or special
session, may revoke such proclamation or suspension, which revocation shall not be set
aside by the President. 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

Rules of Court
Rule 102
 Section 1. To what habeas corpus extends. Except as otherwise expressly
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.

Section 2. Who may grant the writ. The writ of habeas corpus may be
granted by the Supreme Court, or any member thereof in the instances
authorized by law, and if so granted it shall be enforceable anywhere in the
Philippines, and may be made returnable before the court or any member
thereof, or before a Court of First Instance, or any judge thereof for the hearing
and decision on the merits. It may also be granted by a Court of First Instance,
or a judge thereof, on any day and at any time, and returnable before himself,
enforceable only within his judicial district.

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.

Section 4. When writ not allowed or discharge authorized. If it appears that

the person alleged to be restrained of his liberty is in the custody of an officer
under process issued by a court or judge or by virtue of a judgment or order of
a court of record, and that the court or judge had jurisdiction to issue the

process, render the judgment, or make the order, the writ shall not be allowed;
or if the jurisdiction appears after the writ is allowed, the person shall not be
discharged by reason of any informality or defect in the process, judgment, or
order. Not shall anything in this rule be held to authorize the discharge of a
person charged with or convicted of an offense in the Philippines, or of a
person suffering imprisonment under lawful judgment.
 Section 5. When the writ must be granted and issued. A court or judge
authorized to grant the writ must, when a petition therefor is presented and it
appears that the writ ought to issue, grant the same forthwith, and
immediately thereupon the clerk of the court shall issue the writ under the seal
of the court; or in case of emergency, the judge may issue the writ under his
own hand, and may depute any officer or person to serve it.

Section 6. 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.

Section 7. How prisoner designated and writ served. The person to be

produced should be designated in the writ by his name, if known, but if his
name is not known he may be otherwise described or identified. The writ may
be served in any province by the sheriff or other proper officer, or by a person
deputed by the court or judge. Service of the writ shall be made by leaving the

original with the person to whom it is directed and preserving a copy on which
to make return or service. If that person cannot be found, or has not the
prisoner in his custody, then the service shall be made on any other person
having or exercising such custody.

Section 8. How writ executed and returned. The officer to whom the writ is
directed shall convey the person so imprisoned or restrained, and named in the writ,
before the judge allowing the writ, or in case of his absence or disability, before some
other judge of the same court, on the day specified in the writ, unless, from sickness or
infirmity of the person directed to be produced, such person cannot, without danger,
be bought before the court or judge; and the officer shall make due return of the writ,
together with the day and the cause of the caption and restraint of such person
according to the command thereof.

Section 9. Defect of form. No writ of habeas corpus can be disobeyed for

defect of form, if it sufficiently appears therefrom in whose custody or under whose
restraint the party imprisoned or restrained is held and the court or judge before whom
he is to be bought.

Section 10. Contents of return. When the person to be produced is

imprisoned or restrained by an officer, the person who makes the return shall
state therein, and in other cases the person in whose custody the prisoner is
found shall state, in writing to the court or judge before whom the writ is
returnable, plainly and unequivocably:
(a) Whether he has or has not the party in his custody or power, or under
restraint;

(b) If he has the party in his custody or power, or under restraint, the authority
and the true and whole cause thereof, set forth at large, with a copy of the
writ, order execution, or other process, if any, upon which the party is held;

(c) If the party is in his custody or power or is restrained by him, and is not
produced, particularly the nature and gravity of the sickness or infirmity of such
party by reason of which he cannot, without danger, be bought before the
court or judge;

(d) If he has had the party in his custody or power, or under restraint, and has
transferred such custody or restraint to another, particularly to whom, at what
time, for what cause, and by what authority such transfer was made.

Section 11. Return to be signed and sworn to. The return or statement shall
be signed by the person who makes it; and shall also be sworn by him if the
prisoner is not produced, and in all other cases unless the return is made and
signed by a sworn public officer in his official capacity.

Section 12. Hearing on return. Adjournments. When the writ is returned

before one judge, at a time when the court is in session, he may forthwith
adjourn the case into the court, there to be heard and determined. The court
or judge before whom the writ is returned or adjourned must immediately
proceed to hear and examine the return, and such other matters as are
properly submitted for consideration, unless for good cause shown the hearing
is adjourned, in which event the court or judge shall make such order for the
safekeeping of the person imprisoned or restrained as the nature of the case
requires. If the person imprisoned or restrained is not produced because of his
alleged sickness or infirmity, the court or judge must be satisfied that it is so
grave that such person cannot be produced without danger, before proceeding
to hear and dispose of the matter. On the hearing the court or judge shall
disregard matters of form and technicalities in respect to any warrant or order
of commitment of a court or officer authorized to commit by law.

Section 13. When the return evidence, and when only a plea. If it appears
that the prisoner is in custody under a warrant of commitment in pursuance of
law, the return shall be considered prima facie evidence of the cause of
restraint, but if he is restrained of his liberty by any alleged private authority,
the return shall be considered only as a plea of the facts therein set forth, and
the party claiming the custody must prove such facts.

Section 14. When person lawfully imprisoned recommitted, and when let to
bail. If it appears that the prisoner was lawfully committed, and is plainly
and specifically charged in the warrant of commitment with an offense
punishable by death, he shall not be released, discharged, or bailed. If he is
lawfully imprisoned or restrained on a charge of having committed an offense
not so punishable, he may be recommitted to imprisonment or admitted to bail
in the discretion of the court or judge. If he be admitted to bail, he shall
forthwith file a bond in such sum as the court or judge deems reasonable,
considering the circumstances of the prisoner and the nature of the offense
charged, conditioned for his appearance before the court where the offense is
properly cognizable to abide its order of judgment; and the court or judge shall
certify the proceedings, together with the bond, forthwith to the proper court.
If such bond is not so filed, the prisoner shall be recommitted to confinement.

Section 15. When prisoner discharged if no appeal. When the court or

judge has examined into the cause of caption and restraint of the prisoner, and
is satisfied that he is unlawfully imprisoned or restrained, he shall forthwith
order his discharge from confinement, but such discharge shall not be effective
until a copy of the order has been served on the officer or person detaining the
prisoner. If the officer or person detaining the prisoner does not desire to
appeal, the prisoner shall be forthwith released.

Section 16. Penalty for refusing to issue writ, or for disobeying the same. A
clerk of a court who refuses to issue the writ after allowance thereof and
demand therefor, or a person to whom a writ is directed, who neglects or
refuses to obey or make return of the same according to the command thereof,
or makes false return thereof, or who, upon demand made by or on behalf of
the prisoner, refuses to deliver to the person demanding, within six (6) hours
after the demand therefor, a true copy of the warrant or order of commitment,
shall forfeit to the party aggrieved the sum of one thousand pesos, to be
recorded in a proper action, and may also be punished by the court or judge as
for contempt.

Section 17. Person discharged not to be again imprisoned. A person who is

set at liberty upon a writ of habeas corpus shall not be again imprisoned for the
same offense unless by the lawful order or process of a court having
jurisdiction of the cause or offense; and a person who knowingly, contrary to
the provisions of this rule, recommits or imprisons, or causes to be committed
or imprisoned, for the same offense, or pretended offense, any person so set
at liberty, or knowingly aids or assists therein, shall forfeit to the party
aggrieved the sum of one thousand pesos, to be recovered in a proper action,
notwithstanding any colorable pretense or variation in the warrant of
commitment, and may also be punished by the court or judge granting the writ
as for contempt.

Section 18. When prisoner may be removed from one custody to another. A
person committed to prison, or in custody of an officer, for any criminal matter,
shall not be removed therefrom into the custody of another unless by legal
process, or the prisoner be delivered to an inferior officer to carry to jail, or, by
order of the proper court or judge, be removed from one place to another
within the Philippines for trial, or in case of fire epidemic, insurrection, or other
necessity or public calamity; and a person who, after such commitment, makes
signs, or counter-signs any order for such removal contrary to this section, shall
forfeit to the party aggrieved the sum of one thousand pesos, to be recovered
in a proper action.

Section 19. Record of writ, fees and costs. The proceedings upon a writ of
habeas corpus shall be recorded by the clerk of the court, and upon the final
disposition of such proceedings the court or judge shall make such order as to
costs as the case requires. The fees of officers and witnesses shall be included
in the costs taxed, but no officer or person shall have the right to demand
payment in advance of any fees to which he is entitled by virtue of the
proceedings. When a person confined under color of proceedings in a criminal
case is discharged, the costs shall be taxed against the Republic of the
Philippines, and paid out of its Treasury; when a person in custody by virtue or
under color of proceedings in a civil case is discharged, the costs shall be taxed
against him, or against the person who signed the application for the writ, or
both, as the court shall direct.
 The Role of the Judiciary in
Protecting Human Rights of the
Filipinos

Group 1
Submitted to: Atty. Theresa Dizon

Submitted by:
Morris Marco Lim
Carl Cabagnan
Jose Aravilla
Sherwin Agbon
Genevieve Zuniga
Rogemor Castillo
Sean Alhambra