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.