WRIT OF AMPARO  It is preventive in that it breaks the

expectations of impunity in the

Writ of Amparo is a remedy available to any commission of these offenses; and
person whose right to life, liberty and security  It is curative in that it facilitates the
has been violated or is threatened with subsequent and summary remedy that
violation by an unlawful act or omission of a provides rapid judicial relief to protect
public official or employee, or of a private the people’s right to life, liberty and
individual or entity. The writ was intended to security.
address extra-legal killings and enforced
disappearances or threats thereof. Cases Where Writ of Amparo Applies

The Writ of Amparo is distinguished from Writ It is confined only to cases of extralegal killings
of Habeas Corpus in that it covers violations of and enforced disappearances, or threats
constitutional and civil rights other than the thereof.
right to unlawful deprivation of liberty, like
extralegal killings and enforced disappearances. It cannot be issued on amorphous and
uncertain grounds, or in cases where the
Extralegal killings are killings committed alleged threat has ceased and is no longer
without due process of law. imminent or continuing; it must be granted
judiciously.
Enforced Disappearances are attended by the
following characteristics: Note: The Revised Rule on Summary Procedure
is NOT APPLICABLE in Amparo proceeding,
 Arrest, detention, abduction by a because it is a special proceeding. It is a remedy
government official, organized groups, by which a party seeks to establish a status, a
or private individuals acting with the right, or a particular fact. It is NOT civil nor a
direct or indirect acquiescence of the criminal action.
government;
 Refusal of the State to disclose the fate Governing Law
or whereabouts of the person
concerned; or The Rule on the Writ of Amparo
 Refusal to acknowledge the deprivation (A.M. No. 07-9-12-SC)
of liberty which places such persons
outside the protection of law. Note: A memorandum is a prohibited pleading
under the Rule on the Writ of Amparo.

Nature of Writ of Amparo Who may file (order of preference):

 It is extraordinary and remedial; By the aggrieved party or by any qualified

 It is an independent and summary person or entity in the following order:
remedy that provides rapid judicial
1. Any member of the immediate family,
relief to protect people’s right to life,
namely: the spouse, children and
liberty and security;
parents of the aggrieved party;
 2. Any ascendant, descendant or collateral
relative of the aggrieved party within Note: Basically similar to the Rule on petitions
the fourth civil degree of consanguinity for the writ of habeas corpus. It is, however,
or affinity, in default of those different because it includes the Sandiganbayan
mentioned in the preceding paragraph; for the reason that public officials and
or employees will be respondents in Amparo
3. Any concerned citizen, organization, petitions.
association or institution, if there is no
known member of the immediate Where Returnable; Enforceable
family or relative of the aggrieved party.
 When issued by a RTC or any judge
Filing of a petition by the aggrieved party thereof, the writ shall be returnable
suspends the right of all other authorized before such court or judge.
parties to file similar petitions.  When issued by the Sandiganbayan or
the Court of Appeals, or any of their
Likewise, the filing of the petition by an justices, it may be returnable before
authorized party on behalf of the aggrieved cush court or any justice thereof, or to
party suspends the right of all others, observing any RTC of the place where the threat,
the order established herein (Sec. 2). act or omission was committed or any
of its elements occurred;
Ratio: To prevent the indiscriminate and  When issued by the Supreme Court or
groundless filing of petitions for Amparo which any of its justices, it may be returnable
may even prejudice the right to life, liberty or before such Court or any justices
security of the aggrieved party. thereof, or before the Sandiganbayan
or the Court of Appeals or any of their
Filing justices, or to any RTC of the place
where the threat, act or omission was
When to file committed or any of its elements
On any day and at any time. occurred.
Note: Due to the extraordinary nature of the
writ, which protects the mother of all rights – No docket and other lawful fees
the right to life – the petition may be filed on
The court, justice or judge shall docket the
any day, including Saturdays, Sundays and
petition and act upon it immediately.
holidays; and at any time, from morning until
evening.
Ratio: The enforcement of these sacrosanct
Where to file rights should not be frustrated by lack of
finances.
 With the RTC of the place where the
threat, act or omission was committed Contents of the verified petition
or any of its elements occurred;
1. Personal circumstances of the
 With the Sandiganbayan or the Court of
petitioner
Appeals, the Supreme Court, or any
justice of such courts. 2. Name and personal circumstances of
the respondent responsible for the
The writ shall be enforceable anywhere in the threat, act or omission, if name is
Philippines.
 unknown or uncertain, may be
described as an assumed appellation; Return
3. Violated or threatened right to life, Within 72 hours after service of the writ, the
liberty or security of the party respondent shall file a verified written return
aggrieved, stating in detail the together with supporting affidavits.
circumstances;
Contents of return
4. Specify the names, personal
circumstances of the investigating
1. The lawful defenses to show that the
authority or individuals, as well as the
respondent did not violate or threaten with
manner and conduct of investigation;
violation the right to life, liberty and security of
5. Actions and recourses taken by the
the aggrieved party, through any act or
petitioner to determine the
omission;
whereabouts of aggrieved party and
identity of the person responsible for 2. The steps or actions taken by the respondent
the threat, act or omission; to determine the fate or whereabouts of the
6. The relief prayed for, may include a aggrieved party and the person or persons
general prayer for other just and responsible for the threat, act or omission;
equitable reliefs may be included (Sec.
3. All relevant information in the possession of
5).
the respondent pertaining to the threat, act or
Issuance of the Writ omission against the aggrieved party; and
Upon the filing of the petition, the court, justice
or judge shall immediately order the issuance of 4. If the respondent is a public official or
employee, the return shall further state the
the writ if on its face it ought to issue.
actions that have been or will still be taken:
The clerk of court shall issue the writ under the a. To verify the identity of the aggrieved
seal of the court; or in case of urgent necessity, party;
the justice or the judge may issue the writ b. To recover and preserve evidence
under his or her own hand, and may deputize related to the death or disappearance
any office or person to serve it. The writ shall of the person identified in the petition
which may aid in the prosecution of the
also set the date and time for summary hearing
person or persons responsible.
of the petition which shall not be later than
c. To identify witnesses and obtain
seven (7) days from the date of its issuance. statements from them concerning the
How served death or disappearance;
Through personal service by a judicial officer or d. To determine the cause, manner,
by a person deputized by the court, justice or location and time of death or
judge who shall retain a copy on which to make disappearance as well as any pattern or
a return of service. Substituted service may also practice that may have brought about
apply where the writ cannot be served the death or disappearance;
personally. e. To identify and apprehend the person
or persons involved in the death or
Punishment for refusal to issue or serve the disappearance; and
f. To bring the suspected offenders before
writ
a competent court.
Contempt without prejudice to other
disciplinary actions (Sec. 16).
The return shall also state other matters It is essentially a writ of inquiry and is granted
relevant to the investigation, its resolution and to test the right under which a person is
the prosecution of the case. detained.

Fundamentally, to avail of the writ, the

restraint of liberty must be in the nature of an
illegal and involuntary deprivation of freedom
of action.
Rule 102
Habeas Corpus
Nature:
Habeas corpus proceedings are separate and
SECTION 1
distinct from the main case in which it MAY
Applicability:
spring from.
Habeas Corpus extends to all cases of illegal
confinement or detention where:
As stated in Caballes v. CA:
(a) any person is deprived of his liberty; or (b)
by which the rightful custody of any person is
“Habeas corpus is a summary remedy.
withheld from the person entitled thereto.
It is analogous to a proceeding in rem when
instituted for the sole purpose of having the
Purpose:
person of restraint presented before the judge
In general, the purpose of a writ of habeas
in order that the cause of his dentition may be
corpus is to determine whether or not a
inquired into and his statements final. It does
particular person is legally held.
not act upon the prisoner who seeks relief, but
upon the person who holds him in what is
“The essential object and purpose of the writ is
alleged to be the unlawful authority. Hence, the
to inquire into all manner of involuntary
only parties before the court are the
restraint as distinguished from voluntary, and to
prisoner/petitioner and the person holding the
relieve a person therefrom if such restraint is
petitioner in custody, and the only question to
illegal.”
be resolved is whether the custodian has
authority to deprive the petition of his liberty.”
The writ also extends to situations where
rightful custody of a person is withheld from the
person entitled thereto hence, it is also an
Availability:
available remedy for parents to regain the
 Writ may issue even if another remedy is
custody of a minor child even if said child is in
available to the defendant.
the custody of another by his/her own free will.  It may even be issued even upon a final
judgement (where the penalty imposed is
The writ is availed of to: in excess of the power of the court
(a) obtain immediate relief from illegal granting it thereby making such illegal)
confinement;  What is crucial is that the person is
(b) liberate those who may be imprisoned unlawfully deprived of liberty, which may
without sufficient cause; and usually involve:
(c) deliver them from unlawful custody. (1) A violation of the accused’s constitutional
rights
(2) The court trying the case has no jurisdiction;  Not applicable for asserting or vindicating
and the denial of the right to bail.
(3) The penalty is excessive or beyond what the  Not applicable to correct errors of
court could legally impose judgement.
 It cannot be availed of to enforce marital
rights, including co-venture and living in
conjugal dwelling.
SECTION 2
 It is not available to any person that is in
Who may grant the writ:
the custody of an officer:
1. Under process issued by a court or
The following Courts may grant the writ: judge; or
1. Supreme Court/ or any Justice thereof: 2. By virtue of a judgement or order of
May be filed on any day and at any time a court of record; and
and is enforceable ANYWHERE in the 3. The court or judge had jurisdiction
Philippines to issue the process, render the
2. RTC/ or any Judge thereof: May be filed on judgement or make the order.
any day and at any time and is enforceable  It does not extend to persons that:
only within his judicial district. 1. Is Charged with an offense;
3. CA/ or any Justice thereof: May be filed 2. Convicted of an offense; or
only in instances authorized by law and is 3. Suffering imprisonment under
enforceable anywhere in the Philippines lawful judgement.

SECTION 3 SECTION 5
Requisites of the Application When writ must be granted and issued:
 The petition (which may be filed either by
the party for whose relief it is intended or Sec. 5- A court or judge authorized to grant the
some other person on his behalf) must be writ must, when a petition therefor is
SIGNED and VERIFIED;
presented and it appears that the writ ought
to issue, grant the same forthwith, and
 It must also contain and/or set forth:
immediately thereupon the clerk of the court
a. That the person in whose behalf the
application is made is imprisoned or shall issue the writ under the seal of the court;
restrained of his liberty; or in case of emergency, the judge may issue
b. The officer or name of the person by the writ under his own hand, and may depute
whom he is so imprisoned or restrained; any officer or person to serve it.
c. The place where he is so imprisoned or
restrained, if known; and
d. Copy of the commitment or cause of SECTION 6
detention of such person, if it can be To whom writ is directed:
procured without impairing the efficiency  In case of imprisonment or restraint by an
of the remedy; Or if the imprisonment or officer:
restraint is without any legal authority, 1. The writ shall be directed to said officer;
such fact shall appear. 2. The writ shall command him to have the
body of the person retrained of his
liberty before the court or judge
SECTION 4 designated in the writ at the time and
When writ not applicable: place therein specified.
  In case of imprisonment or restraint by a cannot be found or has not the person in
person not an officer: his custody; and
1. The writ shall be directed to an officer; 2. By preserving a copy on which to make
2. The writ shall command him to take and return of service. The writ itself plays the
have the body of the person restrained role of summons in ordinary actions;
of his liberty before the court or judge court acquires jurisdiction over the
designated in the writ at the time and person of the respondent by mere service
place therein specified, and to summon of writ.
the person by whom he is restrained
then and there to appear before said Service of Writ
court or judge to show the cause of the  The writ may be served in any province by:
imprisonment or restraint. a. The sheriff
b. Other proper officer, or
 The above provision is merely a c. By a person deputed by the court or
peremptory writ of habeas corpus/ the judge
preliminary step in the hearing of the
petition and is not actually the grant of the  The writ is served by leaving the original
writ itself. with the person to whom it is directed

 It is not a ruling on the propriety of the  A copy is preserved because the return
remedy or on the substantive matters shall be made thereon
covered by the remedy.
 However, if that person (on whom it must
be served) cannot be found, or does not
SECTION 7 have the prisoner in his custody, then the
service shall be made on any other person
Section 7. How prisoner designated and writ having or exercising such custody.
served. — The person to be produced should be  Note that the writ is served upon the
designated in the writ by his name, if known, officer, not the person detained
but if his name is not known he may be
otherwise described or identified. The writ may  The important fact to be observed in
be served in any province by the sheriff or other regard to the mode of procedure upon this
proper officer, or by a person deputed by the writ is, that it is directed to and served
court or judge. Service of the writ shall be made upon, not the person confined, but his
jailor. It does not reach the former except
by leaving the original with the person to whom
through the latter. The officer or person
it is directed and preserving a copy on which to
who serves it does not unbar the prison
make return or service. If that person cannot be doors, and set the prisoner free, but the
found, or has not the prisoner in his custody, court relieves him by compelling the
then the service shall be made on any other oppressor to release his constraint. The
person having or exercising such custody. whole force of the writ is spent upon the
respondent, and if he fails to obey it, the
How service is made: means to be resorted to for the purposes
1. By leaving the original of the writ with the of compulsion are fine and imprisonment.
person to whom it is directed or to any This is the ordinary mode of affording
person having custody if the former relief, and if any other means are resorted
to, they are only auxiliary to those which
 are usual. The place of confinement is,
therefore, not important to the relief, if SECTION 8
the guilty party is within reach of process,
so that by the power of the court he can Section 8. How writ executed and returned. —
be compelled to release his grasp. The The officer to whom the writ is directed shall
difficulty of affording redress is not convey the person so imprisoned or restrained,
increased by the confinement being
and named in the writ, before the judge
beyond the limits of the state, except as
allowing the writ, or in case of his absence or
greater distance may affect it. The
important question is, where the power of disability, before some other judge of the same
control exercised? (Villavicencio vs Lukban court, on the day specified in the writ, unless,
1919). from sickness or infirmity of the person directed
to be produced, such person cannot, without
What if the respondent says that custody was danger, be bought before the court or judge;
transferred to another officer/person, is that a and the officer shall make due return of the
defense? writ, together with the day and the cause of the
caption and restraint of such person according
 Sec. 7, Rule 102 says that service shall be to the command thereof.
made on any other person having or
exercising such custody. General rule: Officer to whom writ is directed
shall
 BUT, it was not so in this Villavicencio case. convey the detained person on the day
The true principle should be that, if the specified in the
respondent is within the jurisdiction of writ:
the court and has it in his power to obey 1. Before the judge who allowed the writ;
the order of the court and thus to undo 2. If he is absent, before any judge of the
the wrong that he has inflicted, he should same court.
be compelled to do so. Even if the party to
whom the writ is addressed has illegally Exception: If the person to be produced has
parted with the custody of a person before
sickness or infirmity such that he cannot be
the application for the writ is no reason
brought before the court without danger.
why the writ should not issue. If the mayor
and the chief of police, acting under no
authority of law, could deport these The duties of an Officer:
women from the city of Manila to Davao, 1. Convey the person so imprisoned
the same officials must necessarily have before the judge, unless from sickness
the same means to return them from or infirmity, such person cannot,
Davao to Manila. The respondents, within without danger be brought before the
the reach of process, may not be court.
permitted to restrain a fellow citizen of her 2. Make the return of the writ together
liberty by forcing her to change her with the day and the cause of caption
domicile and to avow the act with or restraint.
impunity in the courts, while the person
who has lost her birthright of liberty has SECTION 9
no effective recourse. The great writ of Section 9. Defect of form. — No writ of habeas
liberty may not thus be easily evaded corpus can be disobeyed for defect of form, if it
(Villavicencio vs Lukban 1919). sufficiently appears therefrom in whose custody
or under whose restraint the party imprisoned at what time, for what cause,
or restrained is held and the court or judge and by what authority such
before whom he is to be bought. transfer was made.

No writ can be disobeyed for defect of form if Content of Return

it sufficiently states: 1. Whether he has or has not the party in
1. The person in whose custody or under his custody or power, or under restraint;
whose restraint the party imprisoned or 2. If he has the party in his custody or
power, or under restraint, the authority
restraint is held; and
and the true and whole cause thereof, set
2. The court or judge before whom he is to be
forth at large, with a copy of the writ,
brought. order, execution, or other process, if any,
upon which the party is held;
SECTION 10 3. If the party is in his custody or power or is
Section 10. Contents of return. — When the restrained by him, and is not produced,
person to be produced is imprisoned or particularly the nature and gravity of the
restrained by an officer, the person who makes sickness or infirmity of such party by
the return shall state therein, and in other cases reason of which he cannot, without
the person in whose custody the prisoner is danger, be brought before the court or
found shall state, in writing to the court or judge;
judge before whom the writ is returnable, 4. If he has had the party in his custody or
plainly and unequivocably: power, or under restraint, and has
transferred such custody or restraint to
a. Whether he has or has not the
another, particularly to whom, at what
party in his custody or power,
time, for what cause, and by what
or under restraint;
authority such transfer was made.
b. If he has the party in his
custody or power, or under
restraint, the authority and the A RETURN IS MADE AND THE PERSON
true and whole cause thereof, RESTRAINED MUST BE BROUGHT BEFORE THE
set forth at large, with a copy of COURT (SEC. 8, 9, & 10, RULE 102)
the writ, order execution, or  The officer is required to:
other process, if any, upon a. Make a due return of the writ,
which the party is held; together with the day and the cause of
c. If the party is in his custody or the caption and restraint of such
power or is restrained by him, person according to the command
and is not produced, thereof.
particularly the nature and b. Convey the person so imprisoned or
gravity of the sickness or restrained, and named in the writ,
infirmity of such party by before the judge allowing the writ
reason of which he cannot, unless, from sickness or infirmity of
without danger, be bought the person directed to be produced,
before the court or judge; such person cannot, without danger,
d. If he has had the party in his be bought before the court or judge
custody or power, or under
restraint, and has transferred  But in case of his absence or disability of
such custody or restraint to such judge, it may be made before some
another, particularly to whom,
 other judge of the same court, on the day A. Person is under custody by public officer
specified in the writ under a warrant of commitment in
pursuance of law
Contents of the Return
a. Whether he has or has not the party in his  The return is considered as prima facie
custody or power, or under restraint evidence of the cause of the restraint
b. If the party is in his custody or power, or  Unless the allegations in the return are
under restraint— the authority and the controverted, they are deemed to be true
true and whole cause thereof, with a copy or admitted, pursuant to
of the writ, order, execution, or other  Section 13, Rule 102, Rules of Court, which
processes upon which the party is held provides that the “return shall be
c. If the party is in his custody or power or is considered prima facie evidence of the
restrained by him, and is not produced, cause of restraint, if it appears that the
particularly the nature and gravity of the prisoner is in custody under a warrant of
sickness or infirmity of such party by commitment in pursuance of law.”
reason of which he cannot, without (Florendo vs Javier 1979)
danger, be bought before the court or  Thus, the petitioner must controvert the
judge allegations as to the cause of the restraint
d. If he has had the party in his custody or in the return, by filing a comment. If these
power, or under restraint, and has are not controverted, they are deemed
transferred such custody or restraint to admitted and thus, dismissal would
another, particularly to whom, at what probably result. BUT, note that the
time, for what cause, and by what presumption only extends as to the fact of
authority such transfer was made. the cause of restraint, not anything else,
only that fact is required to be
 The return or statement shall be signed by controverted.
the person who makes it; and shall also be
sworn by him if the prisoner is not B. Person is restrained by private individual
produced, and in all other cases unless the  If however, the person is restrained by any
return is made and signed by a sworn alleged private authority, the return is
public officer in his official capacity. (Sec. considered only as a plea of the facts
11, Rule 102) therein set forth.
 Consequently, the party claiming custody
 Note that no writ of habeas corpus can be has the burden of proving such facts
disobeyed for defect of form, if it
sufficiently appears therefrom in whose SECTION 11
custody or under whose restraint the party
imprisoned or restrained is held and the Section 11. Return to be signed and sworn to. —
court or judge before whom he is to be The return or statement shall be signed by the
bought. (Sec. 9, Rule 102) person who makes it; and shall also be sworn by
him if the prisoner is not produced, and in all
 The weight of the return is determined by other cases unless the return is made and
the colour of authority, or by the lack of it,
signed by a sworn public officer in his official
for which a person is detained (Sec. 13,
capacity.
Rule 102)

SECTION 12
Section 12. Hearing on return. Adjournments. —
When the writ is returned before one judge, at
a time when the court is in session, he may Hearing is Conducted
forthwith adjourn the case into the court, there
to be heard and determined. The court or judge  When the writ is returned before one judge,
before whom the writ is returned or adjourned at a time when the court is in session, he
must immediately proceed to hear and examine may forthwith adjourn the case into the
the return, and such other matters as are court, there to be heard and determined.
properly submitted for consideration, unless for
good cause shown the hearing is adjourned, in  The court or judge before whom the writ is
which event the court or judge shall make such returned or adjourned must immediately
proceed to hear and examine the return,
order for the safekeeping of the person
and such other matters as are properly
imprisoned or restrained as the nature of the
submitted for consideration
case requires. If the person imprisoned or
restrained is not produced because of his  Unless for good cause shown the hearing is
alleged sickness or infirmity, the court or judge adjourned, in which event the court or
must be satisfied that it is so grave that such judge shall make such order for the
person cannot be produced without danger, safekeeping of the person imprisoned or
before proceeding to hear and dispose of the restrained as the nature of the case
matter. On the hearing the court or judge shall requires.
disregard matters of form and technicalities in
respect to any warrant or order of commitment  If the person imprisoned or restrained is not
of a court or officer authorized to commit by produced because of his alleged sickness or
law. infirmity, the court or judge must be
satisfied that it is so grave that such person
Hearing of Return & Adjournments cannot be produced without danger, before
proceeding to hear and dispose of the
matter.
1. His remedy, upon the return of the writ, the
court must immediately hear the case.
 In the hearing, the court or judge shall
2. The hearing MAY be adjourned by the court
disregard matters of form and technicalities
for good causes, provided that conditions
in respect to any warrant or order of
upon the safekeeping of the detained
commitment of a court or officer authorized
person is laid.
to commit by law.
3. If the detained person cannot be produced
before the court, the officer of person
detaining must satisfy the court of the
gravity of the alleged sickness or infirmity.
4. During the hearing, the court shall disregard
matters of form and technicalities of the
authority or order of commitment. The
failure of petitioners to file a reply to the
return of the writ warrants the dismissal of
the petition because unless controverted,
the allegations on the return are deemed to
be true or admitted (Florendo v. Javier, G.R.
No. L-36101, June 29, 1979).
 or admitted to bail at the discretion of the court
or judge.

HOWEVER, there is no right to bail when the

applicant for the writ of habeas corpus is
serving sentence by final judgement.

SECTION 15
Grant of Writ of Habeas Corpus

Requisites under Sec. 15 for the Grant of Writ of

Habeas Corpus:
a. Court or judge has examined into the
cause of caption and restraint of the
prisoner;
b. Court or judge is satisfied that the
prisoner is unlawfully imprisoned or
restrained; and
c. A copy of the order has been served on
the officer or person detaining the
SECTION 13 prisoner.
d. The officer or person detaining the
prisoner does not desire to appeal.
Return as Evidence
The return shall be considered as the prima
If the officer or person detaining the prisoner
facie evidence of the cause of the restraint if
desires to appeal, A.M. No. 01-01-03-S provides
the person is in custody under a warrant of
that such appeal must be made within 48 hours
commitment in pursuance of law.
from notice of judgement.
However, if the person is restrained by any
SECTION 16
private authority, the return is merely
Penalty for Refusing to Issue the Writ and
considered as a plea of the facts set forth
Penalty for Disobeying the Writ
therein. The party claiming custody has the
burden of proof of proving the facts it alleges.
Persons covered by Sec. 16:
a. A clerk of a court who refuses to issue
SECTION 14
the writ after allowance thereof and
Right to Bail demand therefor;
A person shall not be released, discharged, or b. Person to whom a writ is directed who:
bailed when:
a. Prisoner is lawfully committed; and 1. Neglects or refuses to obey or
b. Prisoner is plainly and specifically make return of the writ
charged in the warrant of commitment according to the command
with an offense punishable by death thereof;
2. Makes false return thereof;
If the two requisites above are not present, the 3. Upon demand made by or on
prisoner may be recommitted to imprisonment behalf of the prisoner, refuses
 to deliver to the person SECTION 18
demanding within 6 hours after
the demand therefor, a true When a prisoner may be removed from one
copy of the warrant or order of custody to another
commitment.
GENERAL RULE: A person committed to prison
Penalty: or in custody of an officer cannot be removed
a. Forfeiture - Such persons shall forfeit to therefrom or custody transferred to another.
the party aggrieved the sum of one
thousand pesos, to be recovered in a
EXCEPTIONS:
proper action; and
b. Contempt - Such persons may also be a. By legal process;
punished by the court or judge for b. When prisoner is delivered to an
contempt. inferior officer to carry to jail;
c. By order of the proper court or judge
for the transfer from one place to
SECTION 17
another within the Philippines for trial;
d. In case of fire, epidemic, insurrection,
No double jeopardy in habeas corpus cases or other necessity or public calamity

GENERAL RULE: Once a person is released by Sec. 18 also penalizes any person who, after
virtue of a writ of habeas corpus, he cannot be such commitment, makes, signs, or
again imprisoned for the same offense. countersigns any order for such removal
contrary to the provisions of Sec. 18.
EXCEPTION: When the court having jurisdiction Penalty: Forfeiture to the party aggrieved the
over the cause or offense orders his sum of one thousand pesos, to be recovered in
recommitment. a proper action.

Sec. 17 also penalizes the following: SECTION 19

a. Persons who knowingly recommits,
imprisons, or causes to be committed or Record of writ, fees and costs
imprisoned, for the same offense or
a. Record - The proceedings upon a writ of
pretended offense, any person who has
habeas corpus shall be recorded by the
been set to liberty;
clerk of the court, and upon the final
b. Persons who knowingly aid or assist
disposition of such proceedings the
therein.
court or judge shall make such order as
to costs as the case requires.
Penalty: b. Fees - The fees of officers and witnesses
a. Forfeiture - Such persons shall shall be included in the costs taxed, but
forfeit to the party aggrieved no officer or person shall have the right
the sum of one thousand pesos, to demand payment in advance of any
to be recovered in a proper fees to which he is entitled by virtue of
action; and the proceedings.
b. Contempt - Such persons may c. Costs -
also be punished by the court 1.When a person confined under color of
or judge for contempt. proceedings in a criminal case is
discharged, the costs shall be taxed
 against the Republic of the However, the petition may also be filed
Philippines, and paid out of its before the regular court when:
Treasury; a. in the absence of the presiding judge of
2.When a person in custody by virtue or the Family Court, provided, however,
under color of proceedings in a civil that the regular court shall refer the
case is discharged, the costs shall be case to the Family Court as soon as its
taxed against him, or against the presiding judge returns to duty;
person who signed the application for b. in places where there are no Family
the writ, or both, as the court shall Courts.
direct.
The writ issued by the Family Court or
Habeas Corpus as a Post-Conviction Remedy the regular court shall be enforceable in
the judicial region where they belong.
Habeas corpus as a post-conviction remedy may
be allowed when, as a consequence of a judicial “judicial region”
proceeding, any of the following exceptional The enumeration of judicial regions in
circumstances are present: the country are enumerated in Section
a. There has been a deprivation of a 13 of BP 129 (The Judiciary
constitutional right resulting in the Reorganization Act of 1980).
restraint of the person;
b. The court has no jurisdiction to impose
For example, in the case of Tujan
the sentence; or
Milante vs. Cada Deapera, where the
c. The imposed penalty has been
excessive, thus voiding the sentence as writ was issued by the family court of
to such excess. Caloocan City but the child was found in
Quezon City.
A.M. No. 03-04-04-SC
RULE ON CUSTODY OF MINORS AND WRIT OF Section 13. Creation of Regional Trial
HABEAS CORPUS Courts. – There are hereby created
IN RELATION TO CUSTODY OF MINORS thirteen Regional Trial Courts, one for
each of the following judicial regions:
Effectivity date: May 15, 2003 xxx
The National Capital Judicial Region,
SECTION 1 consisting of the cities of Manila,
Applicability Quezon, Pasay, Caloocan and
This rule shall apply to petitions for custody of Mandaluyong, and the municipalities of
minors and writs of habeas corpus in relation Navotas, Malabon, San Juan, Makati,
thereto. Pasig, Pateros, Taguig, Marikina,
Parañaque, Las Piñas, Muntinlupa, and
The Rules of Court shall apply suppletorily. Valenzuela.

SECTION 20 Since Caloocan City and Quezon City

Jurisdiction both belong to the same judicial region,
A. For a petition for habeas corpus the writ issued by the RTC-Caloocan can
involving a child still be implemented in Quezon City.
1. Family court Whether petitioner resides in the
 former or the latter is immaterial in Following RA 8369, the Family court has
view of the above rule. exclusive original jurisdiction. The venue is the
province or city where the petitioner resides or
2. Supreme Court, Court of Appeals, or where the minor may be found.
with any of its members.
The writ issued by the Family Court shall be
Section 20 - xxx The petition may likewise enforceable in the judicial region where they
be filed with the Supreme Court, Court of belong.
Appeals, or with any of its members and, if
so granted, the writ shall be enforceable
anywhere in the Philippines. The writ may
be made returnable to a Family Court or to
any regular court within the region where
the petitioner resides or where the minor
may be found for hearing and decision on
the merits.

Upon return of the writ, the court shall

decide the issue on custody of minors. The
appellate court, or the member thereof,
issuing the writ shall be furnished a copy of
the decision.

Following the case of Thornton vs

Thornton, the provisions of RA 8369 (The
Family Courts Act of 1997) reveal no
manifest intent to revoke the jurisdiction
of the Court of Appeals and Supreme Court
to issue writs of habeas corpus relating to
the custody of minors. The provisions of
RA 8369 must be read in harmony with RA
7029 (An Act Expanding the Jurisdiction of
the Court of Appeals) and BP 129 ― that
family courts have concurrent jurisdiction
with the Court of Appeals and the
Supreme Court in petitions for habeas
corpus where the custody of minors is at
issue.

B. For an ancillary remedy of a petition for

habeas corpus involving a child availed in
conjunction with a petition for custody of
minors