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Republic of the Philippines


11th Judicial Region
Branch 11, Davao City

Enrique Gil,
G.R. No. _____________
- versus -
For: Writ of Habeas Corpus
Joshua Garcia,


COMES NOW the Petitioner, by the undersigned attorney, and unto this

Honorable Court, respectfully avers:

1. That petitioner Enrique Gil is of legal age, married and a resident of

Lanang, Davao City, Philippines, while respondent Joshua Garcia is also of

legal age and may be served with summons, writs and all orders of the

Honorable Court at his office address at Police Station 4 Sasa, Davao

City, Philippines;

2. That the petitioner, Enrique Gil, in whose behalf this application is being

made, is actually restrained of his liberty by the respondent Joshua Garcia

who is the Chief of Police of Davao City Police Department at Police

Station 4 Sasa;
3. That sometime in the morning of January 10, 2019, petitioner was taken

into custody by the said respondent without a warrant of arrest and detained

at the Police Station 4 Sasa without any criminal charges being filed against

him before the proper judicial authorities despite the lapse of thirty days

(30). Moreover, petitioner was taken by the respondent not under any of the

circumstances where a warrantless arrest is allowed by the law or the Rules

of Court;

4. That such restraint of liberty of the petitioner by the respondent is therefore

without any legal authority;

5. That the petitioner through counsel has exhausted all efforts available at law

but to no avail, and that he has no other plain, speedy, and adequate remedy

to protect his personal rights and secure his personal liberty except by his

application for a Writ of Habeas Corpus.


WHEREFORE, petitioner most respectfully prays that a Writ of Habeas

Corpus be issued by this Honorable Court, directed to the respondent Joshua

Garcia commanding the latter to produce the body of Enrique Gil before this Court

at the time and place therein specified, and to summon the respondent Joshua

Garcia then and there to appear and to show cause of the detention of said Enrique
Gil; and that after due proceedings, the said Enrique Gil be restored of his liberty

and forthwith discharged from confinement .

Davao City, Philippines, January 31, 2020

Atty. Erika Aira De Peralta

4th floor, Room 3, Landco
Bajada, Davao City
Roll of Attorney 46614
IBP 43869; 1-05-17; DC
PTR 66465; 1-05-17; DC
MCLE Compliance





I, Erika Aira De Peralta, of legal age, married, Filipino, after being duly sworn
to in accordance with law do hereby depose and say;

1. That I am the undersigned counsel for the plaintiff in the above-entitled


2. That I caused the preparation of the complaint and I read the allegations
contained therein and understood each of them to be true and correct of
my own personal knowledge and beliefs and based on authentic

3. That I further certify that I have not commenced any action or proceeding
involving the same issues in the Supreme Court, the Court of Appeals or
different divisions thereof, or any court, tribunal or agency.
4. That should I learn hereafter of the filing or pendency of such action/s, I
undertake to inform this Honorable Court of said fact within five (5) days
from knowledge therefrom.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 31 st day

of January, 2020 at Davao City.

Erika Aira De Peralta

SUBSCRIBED AND SWORN to before me this 31st day of January 2020, by

Erika Aira De Peralta who exhibited to me his Driver’s License No. L02-18-007291
issued in Davao City, Philippines on July 07, 2018.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of ______.