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

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 ...

Be a vivo campus ambassador, audition starts May 27

What if your first real step into leadership, marketing, and brand building started while you were still in college? vivo Philippines is opening new opportunities for university students across the National Capital Region (NCR) through the official launch of its Campus Ambassador Program Search on May 27, 12 noon at Robinsons Manila. Designed to give students hands-on learning beyond the classroom, the program introduces GEN V, a student-led ambassador community under vivo Club. “Through this program, students gain practical industry experience while still in school, giving them a head start in building confidence, leadership skills, and future career opportunities,” said Liu Lu, Brand Marketing Director of vivo Philippines. Kickstart your future with vivo Club The vivo Campus Ambassador Program offers a unique experience for university students who are ready to explore leadership, creativity, and real-world marketing in a gl...

ICYMI: Xiaomi launches REDMI A7 Pro in the Philippines

Xiaomi has officially introduced the REDMI A7 Pro in the Philippines, marking the first Pro model in the REDMI A Series lineup. Built for users looking for reliable everyday performance at an accessible price point, the device features a large 6.9-inch display with up to 120Hz refresh rate, a massive 6000mAh battery designed for extended daily use, and Xiaomi HyperOS 3 for a smoother and more optimized experience. Designed to support all-day connectivity, streaming, and casual gaming, the REDMI A7 Pro combines practical features with dependable performance, making it a strong option for users upgrading to a more capable everyday smartphone. Featuring an enlarged 6.9″ display, REDMI A7 Pro delivers an enhanced viewing experience, whether scrolling through social media, watching videos, or browsing content. With a peak brightness of up to 800nits and a refresh rate of up to 120Hz,² the device ensures clear visuals even in bright outdoor ...

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...

Ayala Malls introduces Our Common Place: Shared spaces for work, everyday connection, and community support

As many Filipinos rethink where they work, gather, and find support, Ayala Malls introduces Our Common Place—a shared space initiative that makes malls more useful, accessible, and responsive to today’s realities.  Across the metro, work arrangements are evolving, with many navigating improvised remote or flexible setups—yet not all homes are equipped for comfort or productivity. At the same time, rising costs are reshaping how households manage everyday expenses, with people seeking practical, accessible ways to meet daily needs or support one another within their communities.  Rolling out across One Ayala, Greenbelt, and Glorietta this May, Our Common Place is designed around these everyday needs, with shared spaces that serve as everyday forms of support—one offering space to work, rest, and connect, the other providing a simple way to share resources—making the mall not just a destination, but a place people can return to, r...

Jollibee launches 'Jolly Puzzle Adventures' Kids Meal with first-ever phygital toys and AR experience

Kids and families are in for a new kind of mealtime excitement as Jollibee, the country's no. 1 fast food chain, introduces “Jolly Puzzle Adventures,” the latest Kids Meal offering, which was launched nationwide on May 1. “Jolly Puzzle Adventures was created to make Kids Meals more engaging by combining traditional play with simple digital interaction that children can easily enjoy,” said Dorothy Ching, vice president for marketing of Jollibee Philippines. “We wanted to give kids something they can hold, build, and explore, while also letting them experience Jollibee and Friends in a more interactive way through augmented reality.” Available until June 30, the new Kids Meal promotion is offered across all major channels including dine-in, take-out, drive-thru, delivery, and big order service. Each Kids Meal purchase of select items such as Yumburger, Burger Steak, Jolly Spaghetti, 4-piece Chicken Nuggets, or 1-piece Chickenjoy comes...

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 ...

realme teases new P4 series featuring the Philippines’ first 10001mAh battery smartphone

The lineup marks the first P Series devices available in the Philippines, designed for heavy use and long-lasting performance. realme raises the bar anew in the battery race with the introduction of the realme P4 Series, the newest addition to its Letter Series lineup and the first P Series smartphone to officially arrive in the Philippines. Designed for Filipino users who are constantly gaming, streaming, scrolling, and multitasking throughout the day, the realme P4 Series focuses on delivering longer battery life, faster charging, and more dependable everyday performance. Power That Keeps Up All Day Leading the lineup is the realme P4 Power, featuring the Philippines’ first and biggest 10001mAh battery smartphone with TÜV Rheinland 5-Star Battery Certification. The device also supports 80W fast charging and 27W reverse charging, allowing users to quickly power up their device and even charge other gadgets on the go. realme als...

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...

Xiaomi Launches 15T Series in the Philippines, Merging Imaging Innovation with High-End Design and Performance

Now Available Nationwide—Pro-Level Optics Meet Sleek Craftsmanship in Xiaomi’s Most Advanced T Series Entry Yet Xiaomi today unveiled its latest flagship lineup, the highly-awaited Xiaomi 15T Series, including Xiaomi 15T and Xiaomi 15T Pro, at the official local launch event at the Maybank Theatre, BGC, Philippines. This launch marks a bold evolution of the Xiaomi T Series from flagship photography and cutting-edge technology built for modern trendsetters to advanced mobile technology, elevated imagery, and a refined design. Outstanding optics for next-level imaging Built for elevated image quality, the Xiaomi 15T Series features an advanced triple camera system co-engineered once again with Leica, consisting of a main, ultra-wide, and telephoto camera on the Xiaomi 15T, and a main, ultra-wide, and Leica 5x Pro telephoto camera on the Xiaomi 15T Pro. Both camera systems are designed to deliver impressive results across a wide ...