The PRIVILEGE of the writ of habeas corpus (not the writ itself) may be suspended by the President (Sec 18, Art. VII of the 1987 Constitution), in case only of invasion or rebellion AND when public safety requires it. Consequently, the person under detention by the government may not […]
Yearly Archives: 2010
282 posts
This is how the writ of habeas corpus operates to safeguard the liberty of a person: The prisoner or any person on his behalf petitions the proper court, which immediately issues the writ. It is sent to the person having another in his custody. Such person is ordered to […]
It has for its purpose to inquire into all manner of involuntary restraint or detention as distinguished from voluntary and to relieve a person therefrom if such restraint is found illegal. The writ is the proper remedy in each and every case of detention without legal cause or authority. […]
The writ of habeas corpus is an order issued by a court of competent jurisdiction, directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, and to show sufficient cause for holding in custody the individual so detained. […]
G.R. No. 79173 – 240 Phil. 92 – 156 SCRA 92 – Political Law – Constitutional Law – Habeas Corpus Col. Abadilla was the head of the group that seized GMA 7 in 1987. A subsequent mutiny was done in Fort Bonifacio. The act was infamously known as […]
G.R. No. L-54558; G.R. No. L-69882 – 234 Phil. 144 – 150 SCRA 144 – Political Law – Constitutional Law – Bill of Rights – Habeas Corpus In 1979, Olaguer and some others were detained by military personnel and they were placed in Camp Bagong Diwa. Olaguer and […]
G.R. No. L-61016; G.R. No. L-61107 – 206 Phil. 466 – 121 SCRA 538 – Political Law – Constitutional Law – Bill of Rights – Habeas Corpus – The Right to Bail In April 1982, Morales and some others were arrested while driving a motor vehicle in Laong-Laan […]
G.R. No. L-61388 – 206 Phil. 392 – 121 SCRA 472 – Political Law – Constitutional Law – Bill of Rights – Warrantless Arrest – Writ of Habeas Corpus – Reversal of the Lansang Doctrine; Reinstatement of the Montenegro Doctrine In July 1982, Sabino Padilla, together w/ 8 […]
G.R. No. L-24693 – 127 Phil. 306 – 20 SCRA 849 – Political Law – Constitutional Law – Police Power – Due Process Clause On 13 June 1963, the Manila Municipal Board enacted Ord 4760 and the same was approved by then acting mayor Astorga. Ord 4760 sought […]
G.R. No. L-35546 – 158-A Phil. 1 – 59 SCRA 183 – Political Law – Constitutional Law – Martial Law – Habeas Corpus – Power of the President to Order Arrests Enrile (then Minister of National Defense), pursuant to the order of Marcos issued and ordered the arrest […]
READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. 79173 December 1, 1987 IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF ROLANDO N. ABADILLA, SUSAN S. ABADILLA, in her own behalf and in behalf of the minors JUNE ELIZABETH, ROLANDO, JR., […]
G.R. No. L-4221 – 91 Phil. 882 – Political Law – Constitutional Law – Bill of Rights – Suspension of the Privilege of the Writ Habeas Corpus as a Political Question being a Prerogative by the President On 18 October 1950, Maximino Montenegro was arrested for alleged communistic activities (alleged […]
G.R. No. 123872 – 349 Phil. 640 – 285 SCRA 703 – Political Law – Bill of Rights – Search and Seizure – Informer’s Tip – Warrantless Arrest On 19 June 1994 at about 2pm, police officers Talingting and Clarin were informed by an asset that a drug courier […]
G.R. No. 120915 – 351 Phil. 868 – 288 SCRA 626 – Political Law – Constitutional Law – Bill of Rights – Search and Seizure – Informer’s Tip In the morning of 13 December 1988, the law enforcement officers received information from an informant named “Benjie” that a certain […]
A.C. No. 207-J – 76 SCRA 301 – Political Law – Constitutional Law – Bill of Rights – Search and Seizure – A search warrant must cover only one offense On March 31, 1971, Amansec passed by a crowded house along Ledesma Street, Baguio City, where he saw a […]
These are the instances when a warrantless search is allowed: 1. Warrantless search incidental to a lawful arrest recognized under Section 12, Rule 126 of the Rules of Court 8 and by prevailing jurisprudence; 2. Seizure of evidence in “plain view,” the elements of which are: (a) a prior […]