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

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...

Oops, Wrong Send? How to Get Your Money Back Fast — BSP’s Real Steps

That sinking feeling when you hit "Confirm" and realize the number was off by one digit — ‐we’ve all been there. With instant transfers, your money can vanish into someone else’s account faster than you can say "refund." But don’t panic yet. The Bangko Sentral ng Pilipinas actually mapped out what you should do the second you spot the mistake. If you move quick, you still have a shot at getting it back. Sent Your Money to a Stranger? Here’s Your Damage Control Playbook Instant transfers are amazing until they’re not. One wrong tap on GCash, Maya, or your banking app and your cash lands in a random person’s account. Once it’s sent, there’s no magic "undo" button. But according to the BSP, you’re not totally helpless. Speed is everything, and your first call decides if you even have a chance. Step 1: Stop Everything and Call Your Bank or E-Wallet NOW  The moment you notice the error, drop what you’re d...

Your complete guide to NLEX, SCTEX, TPLEX exits, gas/food stops

UPDATED January, 2020 Are you from Metro Manila and considering a holiday getaway to the north? After a rough week at work, there's nothing like packing your bags, channeling your inner adventurista, and heading to Subic, Baguio or Vigan for glitz and good times! If you're considering making the drive, here is a complete guide to the NLEX, SCTEX and TPLEX exits, interchanges, gas stations and food stops. What's covered in this guide? 1. NLEX Northbound Stopovers 2. NLEX Southbound Stopovers 3. SCTEX Stopovers  - Subic bound  - SCTEX bound  - Tarlac bound  - NLEX bound 4. TPLEX Stopovers Northbound and Southbound 5. Smoking Areas 6. Quick Notes  - TPLEX Petron Km 134  - Auto Sweep RFID NLEX North Luzon Expressway - 84 kilometers Northbound Stop-overs Balintawak Toll Plaza Mindanao Toll Plaza (Smart Connect Interchange) Valenzuela Exit Meycauayan Exit Petron Stopover (Gas/Food/Toilets) Km 23 Jollibee, Kenny Rogers, Sta...

Check NAIA parking in real time: Slot counts update every 60 seconds

We’ve all tried checking parking “before leaving the house” only to arrive at NAIA 90 minutes later to a full lot. With Manila traffic, real-time means nothing if it’s not your real time. That’s why New NAIA’s live parking checker actually matters most when you’re 10 minutes out. It updates every 60 seconds, so your passenger can pull it up on the go and you’ll know if Terminal 3’s multi-level is a go or a no-go before you even take the ramp. The NAIA Parking Update You’ll Actually Use Let’s be real. Knowing a parking slot was open when you were still in Quezon City doesn’t help when you hit Terminal 1 after an hour of traffic. The game-changer with New NAIA’s parking dashboard isn’t checking from your couch. It’s checking when you’re already on NAIAX or passing Resorts World. Fresh data, right when you need it. This is part of the airport’s overhaul under New NAIA Infrastructure Corporation. No app needed. It’s live on the New NAIA we...

LTFRB’s Komyu-Konek Hotline: Finally, a way to report abusive PUV drivers that actually works

You know the type. The jeepney driver who treats your stop like an optional suggestion. The conductor who overcharges and dares you to complain. The bus that turns EDSA into its personal parking lot while belching black smoke into your lungs. For years, we just swallowed it and vented on Facebook because reporting felt pointless. The LTFRB just changed that. They launched Komyu-Konek, a Viber hotline that lets you report abusive PUV drivers with photos and video straight from your phone. And the kicker? They’re actually built to act on it.  Your New Superpower Against Abusive Commutes Let’s be honest. When you’ve got your own car or motorcycle, PUV problems are background noise. You’ve got AC, your playlist, and zero strangers arguing with the conductor. You leave on your time. Then fuel prices exploded. Suddenly “background noise” became your 6AM ...

Watch the launch, win a vivo V70 FE with Alden Richards

Here’s your chance to win the all-new vivo V70 FE! vivo Philippines invites fans nationwide to join the official livestream launch on April 12, 5PM via Facebook, where one lucky viewer will take home the latest vivo V70 FE. Joining the event is Kapuso star Alden Richards, bringing star power to a launch filled with fun, innovation, and interactive experiences. To join the excitement, viewers should comment “vivo V70 FE Bloom Under The Sun” during the livestream for a chance to win the vivo V70 FE. This giveaway is exclusive to online audiences, turning the launch into an interactive, nationwide event. Interested participants are encouraged to mark themselves “Going” on the official Facebook event page to receive notifications once the livestream begins. Fan Meet & Greet with Alden Richards The fun kicks off onsite at SM Mall of Asia, Central Atrium, on April 11, 2026, with a public launch event running from 10:00 AM to 10...

Out-of-Warranty Toyota? T-OPT Parts Are Toyota-Backed Without the 'Peke' Risk

Your Toyota might be out of warranty, but Toyota Motor Philippines doesn’t think that should push you toward risky parts. At MIAS 2026, they launched T-OPT in the Philippines — a Toyota-backed aftermarket line made for older models that need maintenance without the guesswork. Your Old Toyota Just Got Official Backup — Meet T-OPT Once your Toyota’s warranty ends, keeping it running with quality parts can get complicated. You want something reliable, but not every option out there has Toyota’s sign-off. That’s the gap TMP is filling with T-OPT. Unveiled at the Manila International Auto Show 2026, it’s Toyota’s regional aftermarket brand that just arrived in the Philippines after launching in Thailand and Indonesia. T-OPT isn’t a random third-party label. Toyota says it’s directly involved in developing these parts, focusing on essential maintenance items owners replace most: oil filters, air filters, wiper blades, brake components...

Saving Jobs Amid the Fuel Crisis: The Genius of Victory Liner’s ‘Bayanihan Shuttle'

When the price at the pump climbs faster than a bus on a mountain pass, most companies start looking for the "Exit" sign. But for a transport giant like Victory Liner, staying stationary wasn't an option—not when thousands of livelihoods were riding on their next move. ​ Beyond the Terminal: Victory Liner’s Bold Plan to Save Jobs ​The Philippine transport sector is currently staring down the barrel of a global oil crisis. For many, the math simply doesn't add up anymore: higher fuel costs plus fewer passengers equals a fleet that stays parked. Even industry titans aren't immune, with Victory Liner recently forced to consolidate routes and trim trip frequencies just to keep the lights on. ​However, fewer trips usually mean thinner paychecks for the people behind the wheel. Recognizing this, Victory Liner refused to let its drivers and conductors bear the brunt of the economic squeeze. Instead of downsizing, they ...

Your vibe, your tribe: SM Supermalls drops new anthem 'Gala To The Max' by DNA

Forget the usual mall run; it’s time for a total vibe check. SM Supermalls, in an electrifying partnership with StarPop, has officially pulled the curtain back on its newest anthem, “Gala To The Max.” Performed by the rising group DNA, the track is more than just a catchy earworm; it’s a tribute to the way we hang out today. SM Supermalls released its newest anthem, “Gala To The Max,” performed by the rising girl group DNA.   The message is clear: SM isn't just a place to buy things. It’s your "third space." It’s where you meet the crew, find your community, and—as the song says—live life to the max at your most loved mall. More Than a Destination, It’s a Mood. “Gala To The Max” captures the essence of what it means to visit SM. Whether you’re there for a fitness milestone, a deep dive into your favorite fandom, a gaming marathon, or just a chill afternoon with your furbabies, SM remains the ultimate backdrop fo...

Be among the first to own the MacBook Neo with Home Credit—From ₱44 a day

Home Credit offers early access to the newest MacBook with 0% interest and flexible payment terms of up to 24 months Home Credit Philippines is making high‑performance technology more accessible to more Filipinos. With its exclusive pre-order offer for the new MacBook Neo, customers can own the latest Apple laptop early while spreading payments through flexible installments starting at just ₱44 a day. This exclusive nationwide pre-order runs from April 11 to 23, 2026 only, making it the perfect time to secure the newest MacBook at an unbeatable value. Designed for today’s fast-moving and modern lifestyles, Home Credit makes it easier for students, young professionals, and families to bring home a high-performance laptop that fits seamlessly into their daily routine. With 0% interest and payment terms of up to 24 months, Home Credit makes it more manageable to shop for a premium laptop that supports work, study, creativity, and ...