Writ of Habeas Corpus

Under Section 1, Rule 102 of the Rules of Court, the writ of habeas corpus is available, not only in cases of illegal confinement or detention by which any person is deprived of his liberty, but also in cases involving the rightful custody over a minor. (Demaisip v. Cabcaban, 713 SCRA 13 [2014])

Considering that the writ is made enforceable within a judicial region, petitions for the issuance of the writ of habeas corpus, whether they be filed under Rule 102 of the Rules of Court or pursuant to Section 20 of A.M. No. 03-04-04-SC, may therefore be filed with any of the proper Regional Trial Courts (RTCs) within the judicial region where enforcement thereof is sought. (Tujan-Militante v. Cada-Deapera, 731 SCRA 194 [2014])

Service of summons is not required in a habeas corpus petition, be it under Rule 102 of the Rules of Court or A.M. No. 03-04-04-SC. (Id.)

An application for a writ of habeas corpus may be made through a petition filed before this court or any of its members, the Court of Appeals (CA) or any of its members in instances authorized by law, or the Regional Trial Court (RTC) or any of its presiding judges. (In the Matter of the Petition for Habeas Corpus of Datukan Malang Salibo v. Warden, Quezon City Jail Annex, BJMP Building, Camp Bagong Diwa, Taguig City, 755 SCRA 296 [2015])

Under Rule 102, Section 1 of the Rules of Court, the writ of habeas corpus “shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person entitled thereto.” (Id.)

The nature of the restraint of liberty need not be related to any offense so as to entitle a person to the efficient remedy of habeas corpus. (Id.)

The writ of habeas corpus is different from the final decision on the petition for the issuance of the writ. (Id.)

It is true that a writ of habeas corpus may no longer be issued if the person allegedly deprived of liberty is restrained under a lawful process or order of the court. (Id.)

The filing of informations, according to the Supreme Court (SC), rendered the Petitions for habeas corpus moot and academic. (Id.)

Instead of availing themselves of the extraordinary remedy of a petition for habeas corpus, persons restrained under a lawful process or order of the court must pursue the orderly course of trial and exhaust the usual remedies. (Id.)