Professional Documents
Culture Documents
Purpose
2 Objectives: (1) to inquire into all manner of
involuntary restraint (primary purpose); (2) to
relieve a person therefrom if such restraint is
illegal
Must be an ACTUAL and EFFECTIVE illegal
restraint (but check Moncupa vs. Enrile)
The nature of restraint must be illegal and
involuntary for the writ of habeas corpus to
apply.
Another purpose pertains to the second part of
Sec.1 which is to enable a person who is
entitled to someones custody to regain such
custody from another even if the person
subject of the custody voluntarily went with
the third person. (In this case restraint is
voluntary)
ULITMATE PURPOSE: to relieve a person
from unlawful restraint and as an effective
defense of personal freedom
Application
Sec.1- Habeas Corpus extends (except as
otherwise expressly provided by law):
o All cases of illegal confinement or
detention by which any person is
deprived of his liberty
o The rightful custody of any person is
withheld from the person entitled
thereto
Nature
A SUMMARY REMEDY
Analogous to a proceeding in rem when
instituted for the sole purpose of having the
person of restraint presented before the court
in order that the cause of his detention may be
inquire into
Habeas Corpus does not act upon the prisoner
who seeks relief, but UPON THE PERSON
WHO HOLDS HIM in what is alleged to be
unlawful authority. Hence the only parties
before the court are the petitioner (prisoner)
and the person holding the petitioner in
custody, and the ONLY QUESTION to be
resolved is whether the custodian has authority
to deprive the petitioner of his liberty.