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RULE 102: HABEAS CORPUS

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


by: Supreme Court Justice or Judge
a. Illegal confinement a. the party himself; or Court of Appeals may issue Writ
b. Unlawful Detention b. Other person in his [or any member thereof] by himself or
c. His right custody is withheld from behalf; through the
another person entitled thereto Stating: Regional Trial Court Clerk of Court
EXCEPT: when it is suspended due to 1. Name or description of Municipal Trial Court under the
Invasion and Rebellion person responsible [sec.35.BP Blg.129]on any Courts seal,
2. Place of Detention day, at any time commanding
3. Copy of commitment whoever is
order or cause of alleged to have
detention, if any the custody of
the person to
produce said
person on a
specified date,
time and place
Habeas Corpus is a writ directed to stated therein.
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 Writ shall be served anywhere
his caption and detention, to do, in the Philippines by the
submit to, and receive whatsoever the Sheriff, with assistance of
court or judge awarding the writ shall peace officers, if necessary
consider in that behalf.

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 HEARING
[Sec.19, Rule 41] detention
b. Bailable= admit to bail;
2. Commitment is Unlawful, and said
finding is not appealed, the person
shall be discharged.

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