WRIT OF HABEAS CORPUS

Article III, Section 1 provides that “ No person shall be deprived of life, liberty or property
without due process of law. Also, Section 15 provides that the privilege of habeas corpus
shall not be suspended except in cases of invasion or rebellion when public safety requires
it.

However, the privilege of writ of habeas corpus may be suspended by the President up to 60
days for offenses involving rebellion or invasion only. The Congress may revoke or extend
the said suspension. Meanwhile, the Supreme Court may review existence of factual basis
of suspension.

The writ of habeas corpus is a high prerogative writ wherein the great object is to liberate a
person imprisoned without cause. It extends to all cases of illegal confinement or rightful
custody is withheld from the one entitled thereto. The sole purpose of the Writ of Habeas
Corpus is to inquire into the legality of detention.

The requisites for application of the writ of habeas corpus are as follows:
(1) Verified petition by person detained or person on his behalf stating:
(a) Name of person unlawfully detained;
(b) Name of officer or person detaining or having custody of the subject;
(c) Place of detention, if known;
(d) Copy of commitment order if it can be obtained without impairing the efficacy
of remedy.

However, there are cases where Writ of Habeas Corpus are not allowed.
(1) When there is no deprivation of liberty or restraint such as person released on bail or
in case of restrictive custody of police officers under administrative investigation;
(2) When the deprivation of liberty or restrain is legal such as when the person alleged to
be restrained of his liberty is in the custody of an officer under the following
circumstances:
(a) Under process issue by a court or judge;
(b) By virtue of a judgment or order of a court of record;
(c) The court or judge had jurisdiction to issue process, render the judgement or
make the order
(3) To correct alleged erroneous orders of the court;
(4) When a person deprived of liberty through involuntary restraint/detention has already
been released;
(5) Lastly, when the illegal detention becomes legal by virtue of court processes.

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.
The writ may be directed to the officer who bring the detainee at a date, place specified by
court and if detained by private person, to an officer directed by court commanding him to
take custody of the body of the person detained and produce him in court at the date and
time specified by court and to summon the private person and show cause detention.

We must also note that there are penalties for disobedience of the writ of habeas corpus.
The following acts may be penalized with forfeiture or contempt
1. Refusal of the clerk of court to issue the writ after allowance thereof and demand therefore
2. Neglect or refusal to obey or make return of the same according to the command thereof
3. Making a false return
4. Refusal of the person to whom the writ is directed, upon demand made by or on behalf of
the prisoner, to deliver to the person demanding within six hours after demand therefore, a
true copy of the warrant or order of confinement
5. 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
6. Knowingly aids or assists therein.
WRIT OF HABEAS DATA
.
The writ of habeas data provides a judicial remedy to protect a person’s right to control
information regarding one’s self, particular in instances where such information is being
collected through unlawful means in order to achieve unlawful ends. As an independent and
summary remedy to protect the right to privacy, especially the right to informational privacy,
the issuance of the writ does not entail any finding of criminal, civil, or administrative
culpability. It is designed to protect the image, honor, information, and freedom of information
of an individual and to provide a forum to enforce one’s right to the truth and to informational
privacy If the allegations the petition are proven through substantial evidence, then the court
may:
1. Grant access to the database or information
2. Enjoin the act complained of, or
3. In case the database or information contains erroneous data or information, order its
deletion, destruction or rectification.

The remedies include updating, rectification, suppression, or destruction of the database or

information or files in possession or control of the respondents. It is not limited to cases of
extralegal killings and enforced disappearances.

The writ of habeas data is a remedy available to any person whose:

(1) Right to privacy in life, liberty or security is violated or threatened by an unlawful act
or omission; and
(2) Such unlawful act or omission is by the following persons engaged in the gathering,
collecting or storing data or information regarding the person, family, home and
correspondence of the aggrieved party, whether a public official or employee or a
private individual or entity.

What does “engaged” in gathering, collecting or storing of data or information means?

- To "engage" in something is different from undertaking a business endeavour. To
"engage" means "to do or take part in something.” It does NOT necessarily mean that
the activity must be done in pursuit of a business. What matters is that the person or
entity must be gathering, collecting or storing said data or information about the
aggrieved party or his or her family. Whether such undertaking carries the element of
regularity, as when one pursues a business, and is in the nature of a personal
endeavour, for any other reason or even for no reason at all, is immaterial and such
will not prevent the writ from getting to said person or entity.

The following Courts has jurisdiction over Petitions for the Writ of Habeas Corpus, and such
Writ shall be enforceable anywhere in the Philippines:
1. Regional Trial Court where:
a. The petitioner or respondent resides, or
b. That which has jurisdiction over the place where the data or information is
gathered, collected or stored, at the option of the petitioner
2. Sandiganbayan
3. Court of Appeals
4. Supreme Court
Who may file the petition for habeas data? (Sec. 2)
Any aggrieved party may file, however, in cases of extralegal killings and enforced
disappearances, the petition may be filed by:

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

There are also special privileges for indigents provided in Sec. 5 wherein No
docket and other lawful fees shall be required from an indigent petitioner. The petition
of the indigent shall be docked and acted upon immediately, without prejudice to
subsequent submission of proof of indigency not later than fifteen (15) days from the
filing of the petition.

Moreover, for the Contest of the Petition are provided under Sec. 6 such as:

a. The personal circumstances of the petitioner and the respondent;

b. The manner the right to privacy is violated or threatened and how it affects
the right to life, liberty or security of the aggrieved party;
c. The actions and recourses taken by the petitioner to secure the data or
information;
d. The location of the files, registers or databases, the government office, and
the person in charge, in possession or in control of the data or information, if
known;
e. The reliefs prayed for, which may include the updating, rectification,
suppression or destruction of the database or information or files kept by the
respondent. In case of threats, the relief may include a prayer for an order
enjoining the act complained of; and
f. Such other relevant reliefs as are just and equitable.

Notably, the filing of a petition for the writ of habeas data shall not preclude the filing of
separate criminal, civil or administrative actions. (Sec. 20)

But, what if criminal action has already been commenced?

A separate petition for the writ cannot be filed anymore. The reliefs under the writ shall be
available by motion in the criminal case. The procedure under this Rule shall govern the
disposition of the reliefs available under the writ of habeas data. (See Sec. 22)

What if a criminal action is commenced after the filing of the petition for the writ of habeas
data?

The latter petition for habeas data will be consolidated with the criminal action. After
consolidation, the procedure under this Rule shall continue to govern the disposition of the
reliefs in the petition. (See Sec. 21)
 Any party may appeal from the final judgment or order to the Supreme Court under
Rule 45. The appeal may raise questions of fact or law or both. The period of appeal shall be
five (5) working days from the date of notice of the judgment or final order. The appeal shall
be given the same priority as in habeas corpus and amparo cases