Skip to main content

WRIT OF HABEAS CORPUS: Top 10 facts you always wanted to know

WRIT OF HABEAS CORPUS: Top 10 facts you always wanted to know
How well do you know the Writ of Habeas Corpus?

Philippine President Rodrigo Duterte is mulling to suspend the writ of habeas corpus to address the country's drug problems and suppress rebellion in Mindanao.

Habeas corpus, or the Great Writ as they call it in the Western world, is the legal procedure that keeps the government from holding you indefinitely without showing cause. When you challenge your detention by filing a habeas corpus petition, the executive branch must explain to a neutral judge its justification for holding you. Habeas corpus prevents anyone from simply locking up people in secret dungeons and throwing away the key.

Here are ten (10) useful facts about the Habeas Corpus:

1. A writ of Habeas Corpus is a court order to a person (prison warden) or agency (institution) holding someone in custody to deliver the imprisoned individual to the court issuing the order.

2. Literally, 'habeas corpus' means 'you may have the body' (if legal procedures are satisfied). They are the opening Latin words of the writ in medieval times. It was originally a device to bring a prisoner into court, but it became used to fight against arbitrary detention by the authorities.

3. Habeas Corpus originally stems from the Assize of Clarendon Act of 1166, a re-issuance of rights during the reign of Henry II of England.

4. The writ of Habeas Corpus is important because it is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful.

5. In the Philippines, the writ of the Habeas Corpus is written in Article 3, Section 15 of the Constitution stating "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".

6. The article is very similar to that of the U.S. Constitution specifically in the Suspension Clause (Clause 2), located in Article One, Section 9, which states that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it".

7. In the Philippines, the writ of Habeas Corpus was already suspended twice. 

In 1971, after the Plaza Miranda bombing, the Marcos administration, under dictator Ferdinand Marcos, suspended habeas corpus in an effort to stifle the oncoming insurgency, and;

In December 2009, when then President Gloria Macapagal Arroyo suspended the habeas corpus in Maguindanao after placing the province under martial law. This occurred in response to the Maguindanao massacre.

8. In the USA, Habeas Corpus was suspended three times. 

Presidents Abraham Lincoln and Ulysses Grant suspended habeas corpus during the Civil War and Reconstruction for some places or types of cases.

During World War II, President Franklin D. Roosevelt suspended habeas corpus.

Following the September 11 attacks, President George W. Bush attempted to place Guantanamo Bay detainees outside of the jurisdiction of habeas corpus, but the Supreme Court of the United States overturned this action in Boumediene v. Bush.

9. Writ of Amparo versus Writ of Habeas Corpus.

The Writ of Amparo was borrowed from Mexico: a Mexican legal procedure to protect human rights. Of Mexican origin, thus, “Amparo” literally means “protection” in Spanish. In the Philippines, the petition for a Writ of Amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.

The Writ of Amparo was officially declared on July 16, 2007 by then Philippine Chief Justice Reynato S. Puno and Justice Adolfo Azcuna.

10. Writ of Habeas Data versus Writ of Habeas Corpus.

The Writ of Habeas Data, in Latin is “we command you have the data”, is a remedy under Philippine laws which is designed to protect, by means of an individual complaint presented to a constitutional court, the image, privacy, honor, information self-determination and freedom of information of a person.

Habeas data can be sought by any citizen against any manual or automated data register to find out what information is held about his or her person. That person can request the rectification, actualization or even the destruction of the personal data held.

Sometimes referred to as the "twin" of the "Amparo," the Habeas Data was officially declared in the Philippines on August 25, 2007... also by Chief Justice Reynato Puno.


WHAT DO YOU THINK OF THIS POST?
Share your ideas by commenting.

Comments

Popular Posts

Suki Healthwatch expands access to free blood pressure & sugar screening in Mercury Drug Branches

Hypertension affects one in three adults in the Philippines, or about 16.8 million people, yet many cases remain undetected due to limited screening and low awareness of warning signs. from left to right: Mr. Jaime Espiritu, Assistant Vice President for Chain Store Operations of Mercury Drug Corporation- North Metro Manila; Mr. August Golpeo, Assistant Vice President for Chain Store Operations of Mercury Drug Corporation – Central Metro Manila; Mrs. Corazon Lim, Vice President for Merchandising of Mercury Drug Corporation; Sharon Guillergan, Head of Sales of Boehringer Ingelheim Philippines; Dr. Bin Wang, General Manager & Head of Human Pharma of Boehringer Ingelheim Philippines; Seunghun Lee, Head of Marketing of Boehringer Ingelheim Philippines, Dr. Benjie Balmores, Dr. Benjie Balmores, MM26 Country Lead and Vice President of the Philippine Society of ...

Smart, TNT unveil ‘FREE FB for You’ promo

Mobile services provider Smart Communications, Inc.(Smart) and its value brand TNT are giving subscribers more ways to stay connected and enjoy their favorite online activities with FREE Facebook access available through select prepaid, home, and postpaid offers. From May 27 to May 31, Smart Prepaid, TNT, Smart Bro Prepaid and Smart Home WiFi Prepaid subscribers who register to qualified offers will receive 1GB of FREE Facebook access valid for one day, enabling them to stay connected with the people, communities, and content that matter to them. Meanwhile, Smart Postpaid subscribers who purchase qualified boosters for their postpaid plan from May 27 to May 31 will receive 3GB of open access data valid for 30 days, giving them extended flexibility for everyday digital needs. Across all segments, the FREE Facebook access enables Smart and TNT subscribers to maximize a wide range of everyday online activities, such as staying updated ...

7-Eleven’s updated CLiQQ app simplifies convenience store shopping

Convenience is always within reach at 7-Eleven, from ready-to-eat meals to on-the-go essentials. Their CLiQQ app also makes every visit rewarding by letting customers earn points, redeem rewards, and make transactions all with the same app. Now, users can continue to enjoy a simplified experience because the platform just got an update. That’s right—the brand’s loyalty and rewards program app hit refresh, and it’s ready to make everyday errands simpler and even more rewarding for every kapitbahay. With the CLiQQ 2.0, expect a modern look and an added store locator, wrapped in the same trusted app users know and love. The perks include earning points for every purchase, which can be used to redeem rewards, such as snackable favorites like Big Bite and 7-Fresh Siopao. Users can also pay cashless at any 7-Eleven branch with the CLiQQ wallet, pay bills, top-up load, and cash in their E-wallets, right in the palm of their hands.  ...

foodpanda’s Pro Weeks comes back this June

Reaching the midyear mark naturally triggers a financial gut-check. After six months of balancing bills and everyday expenses, staying on budget shouldn’t mean sacrificing the food and conveniences you love. Instead, the focus is entirely on maximum affordability – finding smart, budget-friendly ways to stretch your peso while protecting your wallet. To help everyday consumers beat the midyear pinch, foodpanda’s Pro Weeks is back with budget-saving deals. From June 1 to 7, pandapro subscribers can unlock exclusive perks and discounts across food delivery and groceries. Whether you’re ordering a solo lunch, stocking up the pantry, or feeding the whole family, Pro Weeks cuts down your expenses significantly, with up to 50% off on select restaurants such as Andoks, Shakey’s, Gong Cha, from June 1 to 7. Those savings also extend beyond meals, allowing pandapro subscribers to get up to 50% off on select pandamart items and up to 20% off on sele...

What the LTO says about changing mag wheels, rims and tires of your car, motorcycle

The new LTO PMVIC, or the Land Transportation Office - Private Motor Vehicle Inspection Centers, has started operations in some parts of the country for inspections of cars and motorcycles due for registration renewal. Dubbed as MVIS (Motor Vehicle Inspection System), it aims to test the roadworthiness of private and commercial vehicles prior to their registration. This also includes the checking of modifications, upgrades and accessories that have been installed on your vehicles - whether factory or aftermarket. If they don't meet LTO standards, you fail the test. Failing the MVIS test means you have to retake the inspection and worse, you can't register your vehicle any more. For purposes of discussion, I chose to talk about wheels and tires because they are the most frequently modified parts of our cars and motorcycles. Now comes the question: Is it considered illegal to replace your wheels with aftermarket mag wheels? Can those u...

Quick guide to having your car blessed in Manaoag church

UPDATED January, 2023 Buying a car is always exciting. Comparing features, choosing the color, and the multiple test drives. If you have already bought one, it's likely that you've now mapped out your schedules and  travel itineraries for the next two months. That said, you do need to make one more step to make sure you have everything covered -- and that is to have your new car blessed. Why bless your car? You are most proud of the blessing that God has bestowed upon you, so it's just fair to return the favor by having your car blessed, too. When I bought a new car a few months ago, I had it blessed at the Minor Basilica of Our Lady of the Most Holy Rosary of Manaoag in Pangasinan. What's covered in this guide? 1. How to get there via NLEX, SCTEX, TPLEX and Toll Fees 2. Binalonan Exit to Manaoag Church 3. Car blessing schedules 4. Attending the Holy Mass, visiting the museum, etc. 5. Where to get food, souvenirs, pasalubong HOW TO G...

TechLife powers bigger ideas with launch of new TechLife Pad Plus 2

Giving students and young professionals more space to learn, create, and multitask every day Every big idea starts somewhere, during late-night reviews, brainstorming sessions, creative projects, and daily school tasks. Keeping up with how today’s generation learn, create, multitask, and unwind, TechLife introduces the new TechLife Pad Plus 2, giving more users more space and power to turn everyday moments into bigger ideas. The TechLife Pad Plus 2 was officially unveiled on May 21 through TechLife’s Facebook Page and TikTok account, bringing fans closer to the launch of the brand’s latest addition to the Pad series. The livestream featured rising reality show personalities Ashley Sarmiento and Rave Victoria, collectively known as “AshRave,” alongside host and courtside reporter Kyla Kingsu. Positioned as TechLife’s latest productivity and entertainment companion, the TechLife Pad Plus 2 brings together an immersive large-screen ...

Shop Guilt-Free on LazMall this 9.9: Trust, Quality, and Smarter Shopping with Lazada

The highly anticipated 9.9 Mega Brands Sale is back, and Lazada is making it easier than ever to shop guilt-free. With LazMall’s Authenticity Guarantee, shoppers can indulge in great deals without second thoughts – knowing every purchase delivers real value and trusted quality. This year’s 9.9 sale promises up to 90% off branded deals, up to PHP 2,000 vouchers, and free shipping with no minimum spend from September 8 (8PM) to 11. To kick off the celebration, catch the special LazLive show on September 8 at 11PM, where you can take on the “Guilt-Free Test” yourself. Shoppers can play along for a chance to win vouchers from top LazMall brands and enjoy even more exclusive deals and rewards during the livestream. Just search “Lazada Guilt Free” on the app to join the fun. Authenticity, Quality, and Value Guaranteed As one of the country’s leading eCommerce platforms, Lazada is committed to delivering high quality shopping experiences, with...

POCO Pad C1 arrives in the Philippines, bringing big-screen entertainment wherever you go

POCO has officially introduced the POCO Pad C1 in the Philippines, expanding its ecosystem with a new tablet built for entertainment, productivity, and everyday use on the go. Designed for users who want a larger screen experience without sacrificing portability, the POCO Pad C1 features a vibrant 2K display, a slim and lightweight design, a long-lasting battery, and the Snapdragon® 6s 4G Gen 2 Mobile Platform for smooth and reliable performance whether streaming, studying, browsing, or staying connected throughout the day. Immersive Viewing in a Portable Design The POCO Pad C1 features a superior 9.7-inch display¹ with a refresh rate of up to 120Hz,² delivering clear and smooth visuals for effortless entertainment. Reaching up to 600 nits of peak brightness,³ it also ensures consistent clarity for streaming and browsing, even in bright environments. Triple TÜV Rheinland eye-care certifications further help reduce eye strain, supporting ...

Xiaomi 17T Series: Crafting live moments together with Leica

The rapid development of mobile photography over the past two decades has made it easier and more accessible than ever for anyone to become a master behind the lens. While text and voice were once the primary ways we communicated with each other, today photos and videos have become integral to how we connect and share. But as mobile photography has become woven into the fabric of everyday life, people also expect more from their cameras—for them to go beyond simply capturing a moment and instead become a tool for expression, storytelling, and creativity. This shift is also reshaping the mobile industry, with collaborations between smartphone brands and traditional camera makers playing a growing role in how photography is experienced. One such partnership is the collaboration between Xiaomi and Leica—a partnership that is redefining mobile photography by bringing together over a century of photographic heritage with the latest smartphone...