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[Latin, You have the body.] A writ (court order) that commands an individual or a government
official who has restrained another to produce the prisoner at a designated time and place so
that the court can determine the legality of custody and decide whether to order the prisoner's
release.
A writ of habeas corpus directs a person, usually a prison warden, to produce the prisoner and
justify the prisoner's detention. If the prisoner argues successfully that the incarceration is in
violation of a constitutional right, the court may order the prisoner's release. Habeas corpus relief
also may be used to obtain custody of a child or to gain the release of a detained person who is
insane, is a drug addict, or has an infectious disease. Usually, however, it is a response to
imprisonment by the criminal justice system.
A writ of habeas corpus is authorized by statute in federal courts and in all state courts. An
inmate in state or federal prison asks for the writ by filing a petition with the court that sentenced
him or her. In most states, and in federal courts, the inmate is given the opportunity to present a
short oral argument in a hearing before the court. He or she also may receive an evidentiary
hearing to establish evidence for the petition.
Purpose
The great object of which is the liberation of those who
may be in prison without sufficient cause.
Privilege
It is the right to have an immediate determination of the
legality of the deprivation of physical liberty.
Suspension of the Privilege
In case of invasion or rebellion, when the public safety requires
it, the President, may for a period not exceeding 60 days, suspend
the privilege of the writ of habeas corpus.
To Whom Applicable
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.
The suspension of the privilege does not make the arrest without
warrant legal. But the military is in effect, enabled to make the
arrest anyway since, with the suspension of the privilege, there
is no remedy available against such unlawful arrest. (arbitrary
detention).
Duration
Not to exceed 60 days, following which it shall be lifted,
unless extended by congress.
Role of Congress
1. Congress convenes
2. Congress may either revoke or extend
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.
Facts:
Claiming they were illegally arrested without any warrant of arrest,
Petitioners sued several officers of the AFP for damages. The
officers of the AFP argued that the action was barred since the
suspension of the privilege of the writ of habeas of corpus
precluded judicial inquiry into the legality of their detention.
Held:
The contention of the AFP officers has no merits.
The suspension of the privilege of the writ of habeas corpus does
not render valid an otherwise illegal arrest or detention.
What is suspended is merely the right of individual to seek
release from detention through the writ of habeas corpus.