Republic of the Philippines

SUPREME COURT
Manila

JUAN DE LA CRUZ ,
Plaintiff-Appellant,
- versus -
Special Proceedings No. 123456
For: Writ of Habeas Corpus
SUPERINTENDANT MARIO T. GONZALES,
Defendant-Appellee,
x-----------------x

PETITION

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

this Honorable Court, respectfully avers:

1. That petitioner JUAN DE LA CRUZ is of legal age, married and a

resident of LEGAZPI CITY, Philippines, while respondent is also of

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

the Honorable Court at his office address at MAKATI CITY,

Philippines;

2. That the petitioner, JUAN DE LA CRUZ, in whose behalf this

application is being made, is actually restrained of his liberty by the

respondent SUPERINTENDANT MARIO T. GONZALES who is

the Chief of Police of MAKATI CITY at the POBLACION Police

Station;

3. That sometime in the morning of 29 FEBRUARY 2020, petitioner

was taken into custody by the said respondent without a warrant of

arrest and detained at the POBLACION Police Station without any

criminal charges being filed against him before the proper judicial

authorities despite the lapse of forty eight hours (48 hours).

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.

PRAYER

WHEREFORE, petitioner most respectfully prays that a Writ of

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

SUPERINTENDANT MARIO T. GONZALES commanding the latter to

produce the body of JUAN DE LA CRUZ before this Court at the time and

place therein specified, and to summon the respondent

SUPERINTENDANT MARIO T. GONZALES then and there to appear

and to show cause of the detention of said JUAN DE LA CRUZ; and that

after due proceedings, the said JUAN DE LA CRUZ be restored of his

liberty and forthwith discharged from confinement .

MAKATI CITY, Philippines, 02 MARCH 2020.

GRACE OLIVER
Roll No. 40123
PTR No. 8332143 1/14/14/2020
IBP No.. 680130 1/8/2020
MCLE Compliance IV-000829-02/28/20
Tel. No. (02) 416-3900
E-Mail Address:olivergrace@gmail.com
RM. 2-900, Diwa Building
Penanranda St. Legazpi City
 VERIFICATION AND CERTIFICATION OF NON- FORUM
SHOPPING

REPUBLIC OF THE PHILIPPINES)

Province of Metro Manila) S.S.
City of Makati)
x-----------------------x

I, JUAN DE LA CRUZ, of legal age, Filipino, married, and a

resident of LEGAZPI CITY, Philippines, after being sworn in accordance
with law, hereby depose and say:

That I am the Plaintiff in the above-entitled case; That I have caused

the preparation of the above Petition and I have read the same and knows the
contents thereof; That the allegations contained therein are true and correct
of my own personal knowledge.

That I further certify that: (a) I have not theretofore commenced any
other action or proceeding or filed any claim involving the same issues or
matter in any court, tribunal, or quasi-judicial agency and, to the best of my
knowledge, no such action or proceeding is pending therein; (c) if I should
thereafter learn that the same or similar action or proceeding has been filed or
is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or quasi-judicial agency, I undertake to report such fact within five (5)
days therefrom to the court or agency wherein the original pleading and sworn
certification contemplated herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 02

MARCH 2020 at MAKATI CITY, Philippines.

AFFIANT

SUBSCRIBED AND SWORN to before me, this 02 MARCH 2020,

by JUAN DE LA CRUZ who exhibited to me his Community Tax
Certificate No. 500486 issued at MAKATI CITY, Philippines on 15
JANUARY 2020.

NOTARY PUBLIC

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