A writ issued by the court directed to a person detaining another, commanding
him to produce the body of the prisoner at designated time and place, with the day and cause of his capture and detention, to do, to submit to, and to receive whatever court or judge awarding writ shall consider in his behalf. It lies only where the restraint of a person’s liberty has been judicially adjudged to be illegal or unlawful.
A petition for habeas corpus will be given due course only if it shows that
petitioner is being detained or restrained of his liberty unlawfully. A restrictive custody and monitoring of movements or whereabouts of police officers under investigation by their superiors is not a form of illegal detention or restraint of liberty. (SP02 Manalo vs. PNP Chief Calderon, G.R. No. 178920, October 15, 2007)
Sec. 15, Article III
The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires.
(Relate this to Section 18, Article VII)
him to produce the body of the prisoner at designated time and place, with the day and cause of his capture and detention, to do, to submit to, and to receive whatever court or judge awarding writ shall consider in his behalf. It lies only where the restraint of a person’s liberty has been judicially adjudged to be illegal or unlawful.
A petition for habeas corpus will be given due course only if it shows that
petitioner is being detained or restrained of his liberty unlawfully. A restrictive custody and monitoring of movements or whereabouts of police officers under investigation by their superiors is not a form of illegal detention or restraint of liberty. (SP02 Manalo vs. PNP Chief Calderon, G.R. No. 178920, October 15, 2007)
Sec. 15, Article III
The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires.
(Relate this to Section 18, Article VII)
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