Peremptory Writ - Unconditionally commands the respondentto have the body of the detained

personbefore the court at a time and place thereinspecified.1002

Preliminary Citation - Requires the respondent to appear andshow cause why the peremptory writ
shouldnot be granted1000Sec. 31001Sec. 101002Lee Yick Hon vs. Collector of Customs, 41 Phil. 563
To justify the grant of the petition [Habeas Corpus], the restraint of liberty must be an illegal and
involuntary deprivation of freedom of action.17 The illegal restraint of liberty must be actual and
effective, not merely nominal or moral (Ilusorio vs. Bildner)
Habeas corpus is not in the nature of a writ of error; nor intended as substitute for the trial court’s
function. It cannot take the place of appeal, certiorari or writ of error. The writ cannot be used to
investigate and consider questions of error that might be raised relating to procedure or on the
merits. It has also been held that where restraint is under legal process, mere errors and
irregularities, which do not render the proceedings void, are not grounds for relief by habeas corpus
because in such cases, the restraint is not illegal.
Jurisdiction of Habeas Corpus involving custody of minors
GR – Family Court
Exception – RTC if the presiding judge in the Family Court is not around, but once she or he is
returned, the Family Court shall preside the case.
GR – A notice, in Rule 108, must be made to the Civil Registrar and other parties interested who
have a valid claim. Exception:
Moreover, although it is true that in certain instances, the Court has allowed the subsequent
publication of a notice of hearing to cure the petition's lack/failure to implead and notify the affected
or interested parties, such as when: (a) earnest efforts were made by petitioners in bringing to court
all possible interested parties; (b) the parties themselves initiated the corrections proceedings; (c)
there is no actual or presumptive awareness of the existence of the interested parties; or, (d) when a
party is inadvertently left out,44 these exceptions are, unfortunately, unavailing in this case.

Consequence of not impleading the parties: Lack of jurisdiction