Habeas corpus (/ˈheɪbiəs ˈkɔːpəs/; Medieval Latin meaning literally "that you have the body") is a recourse in law

through
which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian
of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.
The writ of habeas corpus is known as "the great and efficacious writ in all manner of illegal confinement being a remedy
available to the meanest against the mightiest. It is a summons with the force of a court order; it is addressed to the
custodian (a prison official, for example) and demands that a prisoner be taken before the court, and that the custodian
present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the
prisoner. If the custodian is acting beyond his or her authority, then the prisoner must be released. Any prisoner, or
another person acting on his or her behalf, may petition the court, or a judge, for a writ of habeas corpus. One reason for
the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado. Most civil
law jurisdictions provide a similar remedy for those unlawfully detained, but this is not always called habeas corpus. For
example, in some Spanish-speaking nations, the equivalent remedy for unlawful imprisonment is the amparo de
libertad ("protection of freedom").
Habeas corpus has certain limitations. Though a writ of right, it is not a writ of course. It is technically only a
procedural remedy; it is a guarantee against any detention that is forbidden by law, but it does not necessarily protect other
rights, such as the entitlement to a fair trial. So if an imposition such as internment without trial is permitted by the law,
then habeas corpus may not be a useful remedy. In some countries, the writ has been temporarily or permanently
suspended under the pretext of war or state of emergency.
The right to petition for a writ of habeas corpus has nonetheless long been celebrated as the most efficient safeguard of the
liberty of the subject. The jurist Albert Venn Dicey wrote that the British Habeas Corpus Acts "declare no principle and
define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual
liberty".
The writ of habeas corpus is one of what are called the "extraordinary", "common law", or "prerogative writs", which
were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities
within the kingdom. The most common of the other such prerogative writs are quo
warranto, prohibito, mandamus, procedendo, and certiorari. The due process for such petitions is not simply civil or
criminal, because they incorporate the presumption of non-authority. The official who is the respondent must prove his
authority to do or not do something. Failing this, the court must decide for the petitioner, who may be any person, not just
an interested party. This differs from a motion in a civil process in which the movant must have standing, and bears the
burden of proof.
The Philippines
In the Bill of Rights of the Philippine constitution, habeas corpus is guaranteed in terms almost identically to those used in
the U.S. Constitution. in Article 3, Section 15 of the Constitution of the Philippines states that "The privilege of the writ
of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it".

https://en.wikipedia.org/wiki/Habeas_corpus

The writ of habeas corpus is an order to “produce the body”. It is granted by the Supreme Court or Court of Appeals, to
compel a person to be released from illegal detention or restraint.
When the detainers receive the order, they are compelled to bring their captive before the court.
If the court establishes that there is no basis for detention, the person shall be released from custody. If the court finds
cause based on relevant laws, the person will again be detained.
According to the bill of rights in the 1987 constitution, everyone has the right to due process, and can be detained only if
there is a court-issued warrant of arrest, or if caught in the act of committing a crime. Everyone also has the right to be
released from detention as provided by law.
The privilege may only be suspended by the president for up to 60 days in cases of invasion or rebellion, when the public
safety requires it, the constitution says. For the suspension to be extended, the president will have to get a majority vote
from congress, lawmakers will determine the period for the suspension to continue, if the invasion or rebellion persists.
Along with the martial law declaration, President Duterte suspended the privilege of writ of habeas corpus in Mindanao,
allowing government forces to arrest anyone caught in the act of rebellion even without a court-issued warrant.
http://news.abs-cbn.com/focus/multimedia/infographic/05/24/17/what-is-the-writ-of-habeas-corpus

Sa pagdeklara ng pangulo ng batas militar sa buong Mindanao, naging kaakibat na rin nito ang usapin ng writ of habeas
corpus. Pero ano nga ba ang ibig sabihin ng writ of habeas corpus?
Nangangahulugan ang salitang 'habeas' sa Ingles na 'to have' at 'body' naman ang salitang 'corpus'. Ibig sabihin, 'may
katawan', ayon kay Atty. Marisol Anenias sa programang Usapang de Campanilla ng DZMM.

Kapag naglabas ng writ of habeas corpus ang Korte Suprema, na siyang may jurisdiksiyon sa mga petisyon ng writ na ito,
inuutusan nito ang isang indibidwal o opisyal ng gobyerno na may kustodiya sa isang tao na dalhin ito sa korte upang
mapagpasiyahan kung legal o hindi ang pagkakadetine nito.
Kung ilegal ang pagkakadetine rito, kailangang pakawalan agad ang ikinulong.
Sa madaling salita, pinoprotektahan ng writ of habeas corpus ang bawat mamamayan mula sa mga ilegal na detensyon at
mga pagkakaaresto nang walang ipinakikitang 'warrant of arrest'.
Hindi maaaring idetine ang tao nang higit sa tatlong araw kung hindi pa ito nasasampahan ng kaso.
Ayon sa Bill of Rights ng 1987 Constitution, may karapatan ang lahat ng tao sa due process at maaari lamang madetine
kung may inisyu ang korte na warrant of arrest o kung nahuling ginagawa ang krimen. May karapatan din ang lahat ng tao
na mapalaya sa detensyon kung naaayon sa batas.
Maaari lang suspendihin ng pangulo ang writ of habeas corpus sa loob ng 60 araw kung may paglusob o rebelyon kung
kinakailangan sa kaligtasan ng publiko.
Para mapalawig ang suspensyon, kailangang makakuha ang presidente ng karamihan sa mga boto ng mga kongresista.
Ang mga mambabatas ang magsasabi kung gaano katagal mananatili ang suspensyon kapag magpatuloy ang paglusob o
rebelyon.
Sa kasaysayan, sina dating pangulong Elpidio Quirino, Ferdinand Marcos, at Gloria Macapagal-Arroyo ang presidenteng
nakapag-suspende ng writ of habeas corpus.
http://news.abs-cbn.com/news/06/01/17/alamin-ano-ang-pribilehiyo-ng-writ-of-habeas-corpus

In common law, a writ (Anglo-Saxon gewrit, Latin breve)[1] is a formal written order issued by a body with
administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs,
and subpoenas are common types of writ, but many forms exist and have existed.

https://en.wikipedia.org/wiki/Writ
A subpoena (/səˈpiːnə/; also subpœna) or witness summons is a writ issued by a government agency, most often a court, to
compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of
subpoena:
subpoena ad testificandum orders a person to testify before the ordering authority or face punishment. The subpoena can
also request the testimony to be given by phone or in person.
subpoena duces tecum orders a person or organization to bring physical evidence before the ordering authority or face
punishment. This is often used for requests to mail copies of documents to requesting party or directly to court.

https://en.wikipedia.org/wiki/Subpoena

Philippine habeas corpus cases are cases decided by the Supreme Court of the Philippines, concerning the writ of habeas
corpus.
The writ of habeas corpus may be suspended in order to prevent any violence in cases of rebellion or insurrection, as the
case may be. In Philippine jurisdiction, the present 1987 Philippine Constitution, Article III, Section 15 provides that “The
privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public
safety requires it.”
The 1987 Philippine Constitution[edit]
The present Philippine Constitution, in reaction to the Marcos regime, adopted a procedure in cases of suspension of the
writ or declaration of martial law by the president.
It states that in case of invasion or rebellion, when the public safety requires it, the President may suspend the privilege of
the writ of habeas corpus for a period not exceeding sixty days, or place the Philippines or any part of the country 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 or extend such proclamation or
suspension. If Congress is not in session it shall, convene without need of a call within twenty-four hours following such
proclamation or suspension.
Such check and balance placed on the Supreme Court relied heavily on the Lansang case. It is provided that the Supreme
Court may review the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege
of the writ of habeas corpus or the extension thereof. It is mandated to promulgate its decision within thirty days from its
filing by any citizen.
The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent
in, or directly connected with, invasion. During the suspension of the privilege of the writ of habeas corpus, any person
thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.

https://en.wikipedia.org/wiki/Philippine_habeas_corpus_cases

With the rash of bombings in Metro Manila and the battle raging in Mindanao, it is clear that the Philippines is in the
throes of a very serious crisis. The situation today is not unlike that of the early 70’s, and it gave then President Marcos
the perfect excuse to declare martial law and thwart any attempt for his removal from power. But that was then and this is
now, various changes were introduced by the framers of the 1987 Constitution to discourage would-be dictators from
perpetually enshrining themselves in power. In this edition of the law professor, we tackle some of these constitutional
provisions.
Section 18, Article VII of the 1987 Constitution states that:
“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.
The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in
accordance with its rules without any need of a call.
The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of
the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must
promulgate its decision thereon within thirty days from its filing.
A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts
or the legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians
where civil courts are able to function, nor automatically suspend the privilege of the writ.
The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent
in or directly connected with the invasion.
During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within
three days, otherwise he shall be released.”
From the foregoing it is clear that there are only three instances where martial law may be declared, these are:
a. invasion;
b. rebellion; or,
c. when public safety requires it.
The period of martial law or suspension of writ of habeas corpus is limited to a period not exceeding sixty (60) days.
A further safeguard is that a state of martial law requires the concurrence of Congress, which may by a majority vote,
with both house voting jointly, revoke the declaration of martial law or the suspension of the writ of habeas corpus.
Congress may also extend such proclamation or suspension, for a period to be determined by its members, if the invasion
or rebellion shall persist and public safety requires it. In addition, the declaration or suspension is subject to review by the
Supreme Court in an appropriate proceeding filed by any citizen.
Also, the Constitution shall continue to function and Congress and civil courts shall remain in operation, with the further
qualification that no jurisdiction shall be conferred on military tribunals when such courts are open and functioning. This
provision was added to prevent the creation of the so-called “kangaroo courts” which were prevalent during the martial
law years.
http://www.abogadomo.com/law-professor/law-professor-archives/martial-law-and-suspension-of-writ-of-habeas-corpus

Metro Manila (CNN Philippines) – Last week, President Rodrigo Duterte declared a nationwide state of emergency on
account of lawless violence that Chief Presidential Legal Counsel Salvador Panelo said will help the government fight its
wars against drugs and terrorism.
Read: Panelo: Public should not be alarmed by nationwide declaration of state of lawless violence
The declaration was made following the Davao City blast that killed 14 and injured 68. Duterte said the writ of habeas
corpus will not be suspended during the state of emergency.
But Senator Richard Gordon said this week that suspending the writ for suspected drug criminals and terrorists will lead to
swifter justice and prevent summary and extra-judicial killings.
But what exactly is the writ of habeas corpus?
In English, the Latin phrase habeas corpus means "that you have the body." When the Supreme Court, which has
jurisdiction over habeas corpus petitions, issues the writ, it commands an individual or a government official who has
restrained another individual to produce the prisoner at a designated time and place so that the Court can determine
whether the prisoner's custody is legal or not.
If it isn't, then the prisoner must be released. In other words, the writ is a safeguard against warrantless arrests and illegal
detention.
Constitutional right to due process
In reaction to cases of illegal detention during the martial law era, the 1987 Constitutioncontains several provisions to
ensure that due process is followed and that warrantless arrests may only be conducted upon fulfilling certain conditions.
For starters, Article 3, Sections 1, 2 and 14 of the Constitution guarantee due process as a fundamental right of every
Filipino and that a court-issued warrant of arrest is needed to detain someone for a crime, unless he or she is caught in the
act.
Meanwhile, Article 3, Section 3 stipulates that any arrests made without satisfying the preceding provisions are not valid.
When are warrantless arrests allowed?
However, the Constitution states certain conditions for the writ of habeas corpus to be suspended, thus allowing
warrantless arrests.
Article 3, Section 15 stipulates that the writ can only be suspended in cases of invasion or rebellion and when public
safety requires it. In addition, Article 3, Section 13 says the right to bail shall remain even when the writ is suspended.
Only the President has the power to suspend the writ under Article 7, Section 18, which Duterte used as the legal basis for
issuing the state of emergency.
The provision says "in case of invasion or rebellion, when the public safety requires it, he (the President) 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 48 hours of suspending the writ, the President must submit "a report in person or in writing to the Congress,"
which may revoke or extend the suspension following a majority vote of both the House of Representatives and the
Senate. In case of a revocation, the President must comply.
In addition, the Supreme Court may, upon the filing of any citizen, review the suspension of the writ and must promulgate
its decision on it within 30 days from the filing.
The provision makes very clear that the suspension of the writ "shall apply only to persons judicially charged for rebellion
or offenses inherent in or directly connected with the invasion" and that any person arrested or detained while the writ is
suspended must be charged within three days or else he or she will be released.
Cases of suspending the writ
The first suspension of the writ of habeas corpus after the American occupation was in 1950, when President Elpidio
Quirino issued Proclamation No. 210 to help in the fight against Communist rebels.
In 1971, President Ferdinand Marcos also suspended habeas corpus through Proclamation No. 889 in response to the
threat of Communist rebels and to the Plaza Miranda bombing. Most recently, President Gloria Macapagal-Arroyo
suspended the writ in Maguindanao in 2009 through Proclamation No. 1959 following the Maguindanao massacre.
http://cnnphilippines.com/news/2016/09/10/What-is-the-writ-of-habeas-corpus.html

In English, the Latin phrase habeas corpus means "that you have the body."
When the Supreme Court — which has jurisdiction over habeas corpus petitions — issues the writ, it commands an
individual or a government official who has restrained another individual to produce the prisoner at a designated time and
place so that the Court can determine whether the prisoner's custody is legal or not.
If his or her custody is not legal, then the prisoner must be released. In other words, the writ is a safeguard against
warrantless arrests and illegal detention.
Like with declaring martial law, the 1987 Constitution states that the privilege of the writ of habeas corpus may only be
suspended for up to 60 days in cases of invasion or rebellion and when public safety requires it.
Within 48 hours of suspending the privilege, the President must submit "a report in person or in writing to the Congress,"
which may revoke or extend the suspension following a majority vote of both the House of Representatives and the
Senate. In case of a revocation, the President must comply.
In addition, the Supreme Court may, upon the filing of any citizen, review the suspension of the privilege and must
promulgate its decision on it within 30 days from the filing.
Related: EXCLUSIVE: Muslim lawyers to challenge martial law declaration before Supreme Court
The Constitution makes very clear that the suspension of the privilege "shall apply only to persons judicially charged for
rebellion or offenses inherent in or directly connected with the invasion" and that any person arrested or detained while
the privilege is suspended must be charged within three days or else he or she will be released.
In addition, the Constitution states that the right to bail shall remain even when the privilege is suspended.
The first suspension of the privilege of the writ of habeas corpus after the American occupation was in 1950, when
President Elpidio Quirino issued Proclamation No. 210 to help in the fight against Communist rebels.
In 1971, President Ferdinand Marcos also suspended the privilege through Proclamation No. 889 in response to the threat
of Communist rebels and to the Plaza Miranda bombing.
Most recently, President Gloria Macapagal-Arroyo suspended the privilege in Maguindanao in 2009
through Proclamation No. 1959 following the Maguindanao Massacre.
http://cnnphilippines.com/news/2017/05/24/president-duterte-suspend-privilege-writ-of-habeas-corpus-mindanao.html

MANILA – President Rodrigo Duterte on Wednesday said the privilege of the writ of habeas corpus has been suspended
in Mindanao, where he had declared martial law following clashes between government troops and the terror Maute
group.
“By virtue of the powers vested in me by the Constitution and by law, I had to declare martial in the Mindanao group of
islands for a period not exceeding 60 days effective as of May 23, 2017,” Duterte said in his speech upon arriving from
Russia.
He had to cut his trip short to attend to the Mindanao security emergency.
“The privilege of writ of habeas corpus is likewise suspended in the aforesaid area for the duration of martial law,” he
added.
The suspension of the writ means a person charged with rebellion or invasion may be arrested by government forces
without a court-issued warrant.
Duterte rushed home after declaring martial law in the entire Mindanao after a gunfight between government troops and
the Maute Group in Marawi City on Tuesday, which has led to a still undetermined number of deaths and injuries.
Clashes in Marawi City erupted as government troops were about to arrest Isnilon Hapilon, an Abu Sayyaf leader who has
been named the Philippine head of the Islamic State. The US government is offering a $5-million bounty for his capture.
The clashes resulted in the burning of several buildings in the city. A parish priest and several parishioners were also held
hostage.
http://news.abs-cbn.com/news/05/24/17/duterte-privilege-of-the-writ-of-habeas-corpus-suspended-in-mindanao