Habeas Corpus

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Related to writ of habeas corpus: writ of mandamus

Habeas Corpus

A writ one may file requiring the custodian of a prisoner to justify in court that the imprisonment is legal. For example, if one is arrested without proper warrant, one may file habeas corpus for one's release. It should be noted that the right to file habeas corpus may be suspended in national emergencies or for other reasons. The concept comes from English common law.
References in periodicals archive ?
'Dito dapat, kung halimbawa, akala ng Court of Appeals may merito ng kaunti ang petition for writ of habeas corpus, binigyan na lang sana sila ng show cause citation,' he added.
23, 2009, then President Gloria Arroyo declared martial law, and suspended the privilege of the writ of habeas corpus a few days thereafter, in Maguindanao.
Thus, the petitioners said they had no other recourse but to ask the high court to take jurisdiction and review the factual basis for the declaration of martial law and the suspension of the privilege of the writ of habeas corpus.
Under Article VII, Section 18 of the 1987 Constitution, the President may declare martial law and suspend the writ of habeas corpus only 'in case of invasion or rebellion, when public safety requires it.'
Franklin Drilon that 'the Bill of Rights cannot be set aside even under martial law or even when the privilege of the writ of habeas corpus is suspended.'
The alien filed a petition for a writ of habeas corpus, which the district courtdenied.
Drilon's warning, which is really a friendly and useful advice, however caused Duterte to blow his top again as he threatened to declare a "Revolutionary War," to suspend the privilege of the writ of habeas corpus and to arrest his critics.
According to Robredo, who is a lawyer herself, the Constitution of the Republic of the Philippines clearly indicates the circumstances when a state should declare the suspension of writ of habeas corpus.
Recently, Duterte threatened to suspend the writ of habeas corpus, arrest critics, and declare a revolutionary war until the end of his term.
THE Supreme Court on Tuesday upheld the constitutionality of President Duterte's Proclamation 216, which extended for the third time the imposition of martial law and the suspension of the privilege of the writ of habeas corpus in the entire Mindanao region until the end of the year.
The study investigates the writ of habeas corpus and the rule of law over the past 500 years, looking at cases in North America, England, and the British Empire from the 1500s to the present.
Focus: Court Error Sentence Administration Gregory Gorak appeals from a circuit court order denying and dismissing his petition for a writ of habeas corpus, an order denying his motion for reconsideration, and an order denying his motion to vacate or expunge those two orders.