REPUBLIC OF THE PHILIPPINES

EXECUTIVE JUDGE
ANGELES CITY

JUAN DELA CRUZ,

Plaintiff,
SPEC. PROC. CASE NO. 1234
PETITION FOR HABEAS CORPUS

- versus JOSE MANALO,

Defendant,
x-----------------x
PETITION

COMES NOW the Petitioner, by the undersigned attorney, and unto this Honorable
Court, respectfully avers:
1. That petitioner Juan Dela Cruz is of legal age, married and a resident of 4-1 Broadway
Street Barangay Marisol Angeles City, Philippines, while respondent is also of legal age
and may be served with summons, writs and all orders of the Honorable Court at his
office address at Pulung Maragul Angeles City, Philippines;
2. That the petitioner, Juan Dela Cruz, in whose behalf this application is being made, is
actually restrained of his liberty by the respondent Jose Manalo who is the Chief of
Police of Pulung Maragul at the Police Station 3;
3. That sometime in the morning of February 14, 2015, petitioner was taken into custody by
the said respondent without a warrant of arrest and detained at the Police Station 4
without any criminal charges being filed against him before the proper judicial
authorities despite the lapse of twelve hours (12). Moreover, petitioner was taken by the

respondent not under any of the circumstances where a warrantless arrest is allowed by
the law or the Rules of Court;
4. That such restraint of liberty of the petitioner by the respondent is therefore without any
legal authority;
5. That the petitioner through counsel has exhausted all efforts available at law but to no
avail, and that he has no other plain, speedy, and adequate remedy to protect his personal
rights and secure his personal liberty except by his application for a Writ of Habeas
Corpus.
PRAYER
WHEREFORE, petitioner most respectfully prays that a Writ of Habeas Corpus be
issued by this Honorable Court, directed to the respondent Jose Manalo commanding the latter to
produce the body of Juan Dela Cruz before this Court at the time and place therein specified, and
to summon the respondent Jose Manalo then and there to appear and to show cause of the
detention of said Juan Dela Cruz; and that after due proceedings, the said Juan Dela Cruz be
restored of his liberty and forthwith discharged from confinement .
MOST RESPECTFULLY SUBMITTED.
Angeles City, Philippines, February 20, 2015.

PEARSON SPECTER LITT

LAW OFFICES
Counsel for the Petitioner
Mc Arthur Hiway, Balibago, Angeles City
625 2999
BY:
HARVEY SPECTER
PTR NO. AC-1234567-12-3-2015/AC

IBP LIFETIME ROLL NO.00123

Issued on 09-28-96/Psig City
Attorneys Roll No. 12345
MCLE COMPLIANCE NO. IV-0017123
April 19, 2014/Pasig City
TO: The Clerk of Court
Office of the Clerk of Court,
Regional Trial Court
Angeles City
Greetings:
Please submit the foregoing Motion immediately upon receipt hereof and/or as soon as
the motion may be heard to the Honorable Executive Judge for its favourable consideration and
approval.

HARVEY SPECTER