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

Forget gas: These new VinFast e-scooters cost just ₱35 to refuel

If you are tired of watching fuel prices eat away at your monthly budget, your daily commute is about to get a massive wake-up call. A major shakeup is hitting Philippine roads, and it might finally convince local riders to ditch gas for good. ​The Vietnamese electric vehicle giant, VinFast, has officially opened the reservation lines for three of its highly anticipated electric two-wheelers: the Evo, the Feliz II, and the Viper. For a completely refundable booking fee of just ₱3,000, you can secure a spot in line before the initial batch of shipments rolls out this coming July. ​What makes this launch a massive deal isn’t just the sleek designs—it’s the math behind running them. ​ The Subscription Model That Changes Everything ​Historically, buying an electric vehicle meant coughing up a massive upfront premium for the battery. VinFast is completely bypassing that roadblock by separa...

Smarter everyday wellness: Xiaomi introduces new wearables designed for life in motion

More people are becoming increasingly intentional about their health, focusing on building sustainable daily habits rather than relying solely on annual check-ups. From tracking sleep quality to managing stress levels, many are turning to smart wearable devices to better understand how their lifestyle choices shape how they feel each day. Xiaomi’s latest lineup of wearables — the Xiaomi Smart Band 10 Pro, Xiaomi Watch S5, and Xiaomi Buds 6 — serves as a practical toolkit for users who want to better understand their bodies, move with greater purpose, and stay more in control of their overall well-being. Whether it’s a morning workout, a full day of meetings, or simply improving sleep habits, these devices are designed to make health tracking more personal, practical, and seamlessly integrated into everyday life. Smarter, more accessible health tracking Built for all-day comfort and a wide range of lifestyles, the Xiaomi Smart Ban...

GrabMart offers weekend grocery savings with Robinsons Supermarket and Puregold

As households continue to look for smarter ways to manage their grocery budgets, Grab Philippines is teaming up with Robinsons Supermarket and Puregold to bring weekend savings to everyday essentials on GrabMart. Running from May 29 to June 21, the campaign gives consumers PHP 20 off select grocery staples exclusively on GrabMart, covering fast-moving household items such as fresh meats, rice, eggs, water, and pantry basics. The campaign cements GrabMart’s position as a practical option not only for convenience, but also for value-driven grocery shopping.  “Managing a household today requires an extraordinary amount of resourcefulness, and Grab acts as a practical partner to Filipino families in managing their daily expenses,” said Grab Philippines Chief Commercial Officer EJ Dela Vega. “Amid these economic pressures, we are making essential goods more accessible and budget-friendly. By bringing these discounted items straight to the...

realme C100 series officially launches in the Philippines for as low as PHP 6,313

realme Philippines has officially launched the realme C100 Series, the latest addition to its C Series lineup. Headlined by the campaign tagline One Charge, Endless Power, the Series introduces the realme C100 and realme C100i, both designed to deliver extended battery life and reliable everyday performance across different price segments. Long-lasting Battery Performance The realme C100 features an 8000mAh Titan Battery, one of the largest battery capacities available in its price segment. It also comes with a 7-Year Battery Health guarantee, allowing the battery to retain at least 80% of its original capacity after seven years of use. The device supports 45W SUPERVOOC Charging, capable of charging from 0 to 50% in 46 minutes, as well as 10W Reverse Charging for powering compatible devices when needed. Meanwhile, the realme C100i is equipped with a 7000mAh Titan Battery and 6-Year Battery Health certification. It supports 15W c...

How much is the penalty for 5 years late registration of motorcycles?

UPDATED December, 2020 Got late in your motorcycle registration renewal? Driving an unregistered motor vehicle carries with it a fine of P3,000 if apprehended by Metropolitan Manila Development Authority (MMDA) officers and P10,000 if by LTO traffic personnel. Worse, if the non-registration exceeded one month, the vehicle will be impounded and released only once the vehicle has been registered and the corresponding fines and penalties have been paid. To help you prepare for your visit at the LTO, here's a brief guide on how much money you're going to spend on your motorcycle registration renewal. READ: Complete Guide To nCoV: How Not To Misinform Yourself About The Coronapocalypse What's covered in this guide? 1. LTO penalty formula by weeks 2. Sample computation (if 5 years late) 3. How to renew your motorcycle registration  - Requirements  - 5 step guide YOU MAY WANT TO WATCH:  Motorcycle Transfer of Ownership and Renewal of Registration ...

Jollibee Group expands inclusive jobs program for senior citizens and PWDs to Taguig City

Key Highlights: • The Jollibee Group expanded its inclusive jobs program for senior citizens and persons with disabilities to Taguig City. • The partnership will cover 16 company-owned stores in Taguig across Jollibee, Chowking, Greenwich, and Burger King.   • Each participating store will hire two senior citizens and one PWD who will work as customer relations staff. • The program builds on the Jollibee Group’s inclusive employment initiative, which has provided opportunities to over 1,000 senior citizens and PWDs since 2019. Inclusive jobs program. Taguig City Mayor Maria Laarni Cayetano (center) shakes hands with Gerald Juliano(rightmost), HR Director, Jollibee Group PH, after the signing of a Memorandum of Agreement to expand inclusive employment opportunities for qualified senior citizens and persons with disabilities in participating company-owned stores in Taguig. Joining them during the signing is Atty. Raul Academia (leftmost),...

Goodbye 20% cuts: How Xpress Go is disrupting PH ride-hailing for drivers and commuters

Imagine spending your entire day navigating the punishing gridlock of Metro Manila, watching the fuel gauge drop while a massive chunk of your hard-earned fares vanishes into platform fees. For years, the local ride-hailing scene has felt like a zero-sum game where higher costs for passengers didn't necessarily translate to better days for the people behind the wheel. But a newly launched player is stepping onto the asphalt with a radical proposition: treat the drivers like true partners, give them a massive financial break, and let that positive energy transform the entire passenger experience. ​ Will a New Ride-Hailing Player Finally Fix the TNVS Grind? ​Getting from point A to point B in our local metros has always been a test of patience. When ride-sharing first hit our streets years ago, it felt like a lifeline. Fast forward to today, and the reality is a lot rougher. Worsening road congestion combined with persistent fuel cost anxieti...

What to do when you get a HIT on your NBI clearance

A "Hit" on your NBI clearance after your long queue at the NBI satellite office. UPDATED January 2020 Department of Justice (DOJ) Circular 017, or the multi-purpose clearance does  away with the usual separate applications for domestic employment, travel abroad, gun licensing and many others, thereby making it easier for people to obtain and use an NBI clearance. Are you applying for your NBI clearance? The National Bureau of Investigation office has stopped entertaining walk-ins after the implementation of the fully online application process for NBI clearance. The registration and appointment system for the NBI clearance are done online nationwide. Applicants may accomplish the application form at www.doj.gov.ph/nbi , www.nbi.gov.ph , and clearance.nbi.gov.ph . READ: Complete Guide To nCoV: How Not To Misinform Yourself About The Coronapocalypse After registering online, applicants may proceed to any of the NBI sites nationwide for the payment and biom...

Your Complete Commuters' Guide to UV Express/FX Terminals in Metro Manila

UPDATED January, 2020 Metro Manila’s hordes of workers pour in by UV Express. Times are a-changing. With the increasing temperature in the metropolis coupled by its worsening traffic condition , a newer, more convenient alternative of transporting people had risen above all else. They're called the commuter vans, or what are now popularly known as the Utility Vehicle (UV) Express and FX vans. READ: Complete Guide To nCoV: How Not To Misinform Yourself About The Coronapocalypse UV Express vans are all air conditioned, seat an average of 14 passengers and charge relatively cheap compared to the usual metered taxicabs. Their fares range from as low as P20 to as high as P50 per passenger. With the LTFRB (Land Transportation Franchising and Regulatory Board) serving as regulator of the UV Express franchise, the commuter vans has increased its service routes exponentially all around the country, including Metro Manila. READ: My Epically Awesome Traffic Jam Day In...

The Pambansang Litson Manok Is finally back on foodpanda

Pista ng Sarap marked the arrival of Andok's on the platform, bringing its signature favorites closer to Filipinos nationwide. Some Filipino cravings never go out of style, and Andok’s is one of them. After years of anticipation from customers, Andok’s officially relaunched on foodpanda, making its signature litson manok, liempo, Dokito meals, and other crowd favorites available through the everyday app Filipinos already know and use. The relaunch followed years of strong consumer demand. Despite not being available on the platform for eight years, Andok’s consistently remained one of the most searched merchants on foodpanda. Customers continued looking for the brand on the app, turning the search bar into an unofficial wish list and proving just how much Filipinos wanted easier access to their favorite meals. Excitement surrounding the partnership grew even before launch day. Teasers released by both brands sparked widesp...