Writ of Habeas Corpus

✓ Collateral attack against a final judgment but void judgment in cases where the court
has no jurisdiction, or excessive penalty has been imposed (as to such excess),
deprivation of a constitutional right resulting in the restraint of a person
✓ Post conviction remedy (as when the judgment has been final and executory)
✓ Does not apply in forcible taking and disappearance of a person

Contents of the Petition

Petition signed and verified by the party for whose relief it is intended or by some other
person on his behalf, and shall set forth: (PICO)

1. The person subject of the application is imprisoned or restrained of his liberty;

2. The officer or name of the person by whom he is imprisoned or restrained; or if both
are unknown or uncertain, such officer or person may be described by an assumed
name;
3. The place where he is imprisoned or restrained, if known; and
4. A copy of the commitment or detention order if it can be procured without impairing
the efficiency of the remedy; or if the imprisonment or restraint is without any legal
authority, such fact shall be stated.

Contents of the return

Signed by the person who makes it; and shall also be sworn to by him if the prisoner is
not produced, and in all other cases unless the return is made and signed by a sworn public
officer in his official capacity.

H – A & C; H + N – N and G; T – WTCA

1. Whether he has or has not the party in his custody of power or under the restraint;
2. If he has the party in his custody or power, or under restraint, the authority and true
and whole cause thereof, set forth of large, with a copy of the writ, order, execution,
or other process, if any, upon which the party is held;
3. If the party is in his custody or power or is restrained by him, and is not produced,
particularly the nature and gravity of the sickness or infirmity of such party by reason
of which he cannot, without danger, be brought before the court or judge;
4. If he has had the party in his C/P/R, and has transferred such C/R to another,
particularly whom, at what time, for what cause and by what authority such transfer
was made.
 Preliminary Citation
If the person is detained under
governmental authority and the
illegality of his detention is not patent
from the petition for the writ, the court
issues such to the government officer
having custody to show cause why the
HC writ should not issue
Peremptory Writ
If the cause of the detention appears to
be patently illegal, the court issues the
HC writ noncompliance with which is
punishable

WHEN WRIT DISALLOWED/DISCHARGED

1. Person restrained of his liberty is in the custody of an officer under process issued by a
court/judge; or by virtue of a J/O of a court of record, and that such C/J had jurisdiction
to issue the process, render the judgment or make the order; or

2. if the jurisdiction appears after the writ is allowed;

3. When charged with or convicted of an offense in the PH or of a person suffering

imprisonment under lawful judgment.

Writ of Habeas Corpus Writ of Amparo Writ of Habeas Data

Extends to all cases of Covers extralegal killings Designed to protect the
illegal confinement or and enforced image, privacy, honor,
detention disappearances or information, and
(deprivation of liberty), threats thereof freedom of
or information of an
individual, and to provide
Where rightful custody is a forum to enforce one’s
withheld from person right to the
entitled thereto truth and to
informational
privacy [Vivares v.
St. Theresa’s College
[G.R. No. 202666 (2014)]