Tag Archives: suspension of the privilege of the writ of habeas corpus

SUSPENSION OF THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS

RE: SUSPENSION OF THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS

DEFINE A “WRIT OF HABEAS CORPUS”?

 ANS.  A writ of habeas corpus is defined as a writ directed to 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 his caption and detention, to do, submit to, and receive whatever the court of judge awarding the writ shall consider in that behalf.

Habeas corpus when translated means “produce the body”. If a writ of habeas corpus is issued by the court, the court is basically ordering a person who has detained another to produce the body of the latter at a designated time and place, and to show sufficient cause for holding in custody the individual so detained.

WHAT IS THE “PRIVILEGE OF THE WRIT OF HABEAS CORPUS?”

ANS.  The privilege of the writ is the further order from the court to release an individual if it finds his detention without legal cause or authority.

WHAT THEN MAY BE SUSPENDED: THE WRIT OR THE PRIVILEGE OF THE WRIT?

ANS. It is the privilege of the writ of habeas corpus (not the writ itself)

WHO MAY SUSPEND THE PRIVILEGE?

ANS. The President

WHEN MAY THE PRIVILEGE BE SUSPENDED? Limitation #1

ANS. “…in cases of invasion or rebellion, when public safety requires it.”

HOW LONG MAY IT BE SUSPENDED? Limitation #2

ANS. It shall not exceed the period of 60 days.

WHAT HAPPENS WHEN THE PRIVILEGE OF THE WRIT IS SUSPENDED?

ANS. When the privilege of the writ is suspended, the person under detention by the government may not obtain his liberty by its use.

                The writ itself may still be issued by the court and the person detained must still be produced in court. However, the official or person detaining him may ask the court not to continue the proceeding any further as the privilege of the writ as to that particular person seeking release has been suspended

                Once the officer making the return shows to the court that the person detained is being detained for an office covered by the suspension, the court may not enquire any further.

WHEN THE PRESIDENT DECLARES A STATE OF MARTIAL LAW, IS THE PRIVILEGE OF THE WRIT AUTOMATICALLY SUSPENDED?

ANS. No, not automatically.

TO WHOM DOES THE SUSPENSION OF THE PRIVILEGE APPLY? Limitation #3

ANS. “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.”

                “…any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.”

DOES THE SUSPENSION OF THE PRIVILEGE ALSO SUSPEND THE RIGHT TO BAIL?

ANS. NO. ART III, SEC. 13

REFERENCE:

  1. The 1987 Constitution
  2. Revised Rules of Court on Habeas Corous, Rule 102
  3. Bernas, J. (2011). The 1987 Philippine Consitution: A Comprehensive Reviewer
  4. Bernas J. (2009). The 1987 Constitution of the Republic of the Philippines: A Commentary
  5. De Leon, H. (2008). Textbook on the Philippine Constitution
  6. Nachura, AE. (2009). Outline/Reviewer in Political Law

 

Cases:

  1. Gudani vs. Senga G.R. No. 170265, April 15, 2006
  2. Gumawa vs. Espino, 96 SCRA 403,403-7, February 29, 1980
  3. Lansang vs. Garcia 42 SCRA 448
  4. Lacson vs. Perez, G.R. No. 147780, May 10, 2001
  5. IBP vs. Zamora, G.R. No. 141284, August 15, 2000
  6. Padilla vs. Ponce Enrile, L-61388, April 20, 1983
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