WRIT OF HABEAS CORPUS

DEFINITION- it is a law stating that an individual cannot be imprisoned or held in custody inside
a prison cell unless he/she has first been brought before a court of law, which decides whether or
not it is legal for the person to be kept in prison.
The writ of habeas corpus may be suspended in order to prevent any violence in cases of rebellion
or insurrection, as the case may be. In Philippine jurisdiction, the present 1987 Philippine
Constitution, Article III, Section 15 provides that “The privilege of the writ of habeas corpus shall
not be suspended except in cases of invasion or rebellion, when the public safety requires it.

The present Philippine Constitution, in reaction to the Marcos regime, adopted a procedure in cases
of suspension of the writ or declaration of martial law by the president.

It states that in case of invasion or rebellion, when the public safety requires it, the President may
suspend the privilege of the writ of habeas corpus for a period not exceeding sixty days, or place
the Philippines or any part of the country under martial law. Within forty-eight hours from the
proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the
President shall submit a report in person or in writing to the Congress. The Congress, voting
jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke
or extend such proclamation or suspension. If Congress is not in session it shall, convene without
need of a call within twenty-four hours following such proclamation or suspension.

Such check and balance placed on the Supreme Court relied heavily on the Lansang case. It is
provided that the Supreme Court may review the sufficiency of the factual basis of the
proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the
extension thereof. It is mandated to promulgate its decision within thirty days from its filing by
any citizen.

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. During the suspension of
the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially
charged within three days, otherwise he shall be released.
How it Works

A writ of habeas corpus (which literally means to "produce the body") is a court order demanding
that a public official (such as a warden) deliver an imprisoned individual to the court and show a
valid reason for that person's detention. The procedure provides a means for prison inmates, or
others acting on their behalf, to dispute the legal basis for confinement. Habeas corpus has deep
roots in English common law.

Often, the court holds a hearing on the matter, during which the inmate and the government can
both present evidence about whether there is a lawful basis for jailing the person. The court may
also issue and enforce subpoenas in order to obtain additional evidence.

Depending on what the evidence reveals, the judge may grant the inmate relief such as:

 Release from prison,

 Reduction in the sentence,
 An order halting illegal conditions of confinement, or
 A declaration of rights.

It's important not to confuse habeas corpus with the right of direct appeal. Criminal defendants are
always entitled to appeal a conviction or sentence to a higher court, which then reviews the trial
judge's rulings. Habeas corpus provides a separate avenue for challenging imprisonment, and is
normally used after a direct appeal has failed. It often serves as a last resort for inmates who insist
that a miscarriage of justice has occurred.

Limitations of Habeas Corpus

A writ of habeas corpus is not available in every situation. Because judges receive a flood of habeas
corpus petitions each year, including some that inmates prepare without the assistance of a lawyer,
strict procedures govern which ones are allowed to proceed. Inmates are generally barred from
repetitively filing petitions about the same matter.

Both state and federal courts can hear habeas corpus petitions. Federal courts sometimes decide
that a state conviction was unjust and order the person's release. However, Congress has imposed
restrictions on federal courts' authority to overrule state courts in this manner.

When an inmate is not challenging the fact of being in jail but rather the conditions of confinement
-- for instance, claiming severe mistreatment or unlawful prison policies -- it is usually necessary
to file a civil rights complaint instead of a habeas corpus petition. Under the Prison Litigation
Reform Act, inmates contesting conditions generally must first attempt to resolve the matter
through available grievance procedures, so that correctional officials have an opportunity to
remedy problems before litigation.