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To what habeas corpus extends.
SEC. 525. To what habeas corpus extends. — The writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person entitled thereto, except in cases expressly excepted.
Who may grant the writ.
SEC. 526. Who may grant the writ. — The writ of habeas corpus may be granted by the Supreme Court, or any judge thereof, in term time or in vacation, and if so granted it shall be enforceable anywhere in the Philippine Islands, and it shall be made returnable before the court or any judge thereof. It may also be granted by a Court of First Instance, or a judge thereof, in term time or in vacation, and returnable before himself, enforceable within his judicial district only.
Requisites of application therefor.
SEC. 527. Requisites of application therefor. — Application for the writ shall be by petition signed and verified either by the party for whose relief it is intended, or by some person for him, and shall specify: 1. That the person in whose behalf the application is made is imprisoned or restrained of his liberty; 2. The officer or name of the person by whom he is so confined or restrained; or, if both are unknown or uncertain, he may be described by an assumed appellation, and the person who is served with the writ shall be deemed the person intended; 3. The place where he is so imprisoned or restrained, if known; 4. A copy of the commitment or cause of detention of such person shall be exhibited, if it can be procured, without impairing the efficiency of the remedy; or, if the imprisonment or detention is without any legal authority, such fact shall appear.
When the writ shall not be allowed.
SEC. 528. When the writ shall not be allowed. — If it appears that the person alleged to be restrained of his liberty is in custody of an officer under process issued by a court or magistrate, or by virtue of a judgment or order of a court of record, and that the court or magistrate had jurisdiction to issue the process, render the judgment, or make the order, the writ shall not be allowed; or if the jurisdiction appear after the writ is allowed, the person shall not be discharged by reason of any informality or defect in the process, judgment, or order.
Not to apply in certain cases.
SEC. 529. Not to apply in certain cases. — Nothing in this chapter shall authorize the discharge of any person convicted of an offense, or charged with an offense, committed in any other part of the Philippine Islands, or in any part of the United States, and who, agreeably to law, ought to be delivered up to the executive power of the United States or of any State thereof, where the offense is charged to have been committed; nor of any person suffering imprisonment under lawful judgment; nor, in the Provinces of Batangas, Cebu, and Bohol, already organized under the Provincial Government Act, and in provinces wherein a provincial government has not yet been organized, of any person imprisoned by the authority of the Commanding General of the United States Army in the Division of the Philippines, for violation of the laws of war or for a military offense. But the writ of habeas corpus shall apply to all cases of unlawful imprisonment in the three provinces above named and in provinces hereafter organized under the Provincial Government Act, to the same extent as in other provinces heretofore organized, whenever the Commission shall so provide by law.
When the writ must be granted.
SEC. 530. When the writ must be granted. — A judge or a court authorized to grant a writ must, when a petition therefor is presented, if it appear that the writ ought to issue, grant the same forthwith.
Who to issue the writ.
SEC. 531. Who to issue the writ. — The writ, upon its allowance, shall be issued forthwith, by the clerk of the court whereof the person who granted it is a judge, under the seal of such court; or in case of emergency, such judge may issue the writ under his own hand, and may depute any officer or person to serve it.
How prisoner may be designated.
SEC. 532. How prisoner may be designated. — The person to be produced should be designated by his name, if known, and if not known, or uncertain, he may be described in any other way so as to make known who is intended.
Requisites of writ in certain cases.
SEC. 533. Requisites of writ in certain cases. — In case of confinement, imprisonment, or detention by an officer, the writ shall be directed to him and shall command him to have the body of such person before the court of judge designated in the writ, at the time and place therein specified.
Form of writ when prisoner not in custody of an officer.
SEC. 534. Form of writ when prisoner not in custody of an officer. — In case of confinement, imprisonment, or detention, by a person not an officer, the writ shall be substantially in the form following: "United States of America, Philippine Islands, Province of _____________________ "To the governor or his deputy of any province, greeting: "We command you that the body of ____________________ of ___________, by _______________, of ____________________, imprisoned and restrained of his liberty, as it is said, you take and have before ________________, a judge of our ___________________ court (or before the court, as the case may be), or in case of the absence or disability, before some other judge of the same court at ___________________ forthwith to do and receive what the said judge shall then and there consider, concerning him in this behalf; and summon the said ____________________ then and there to appear before our said judge (or court) to show the cause of the taking and detention of the said _________________________. "(SEAL) Witness my hand at ______________________ this _________ day of ________________ in the year 190 ____ "______________________________________ "Judge of the Supreme Court (as the case may be)."
How and where writ may be served.
SEC. 535. How and where writ may be served. — The writ may be served in any province, by the governor or his deputy, or the sheriff of the same, or by a person deputed by the court or judge.
How executed and returned.
SEC. 536. How executed and returned. — The officer or person to whom the writ is directed shall convey the person so imprisoned or detained, and named in the writ, before the judge allowing the writ, or, in case of his absence or disability, before some other judge of the same court, on the day specified in the writ; and he shall make due return of the writ, together with the day and the cause of the caption and detention of such person according to the command thereof.
When it may be returned to another judge or court.
SEC. 537. When it may be returned to another judge or court. — When the writ is issued by a court in session, if the court has adjourned when the same is returned, it shall be returned before any judge of the same court; and when the writ is returned before one judge, at the time when the court is in session, he may adjourn the case into the court, there to be heard and determined.
What shall be stated in the return of the writ.
SEC. 538. What shall be stated in the return of the writ. — When the person to be produced is imprisoned or restrained by an officer, the person who makes the return shall state therein, and in other cases the person in whose custody the prisoner is found, shall state, in writing, to the court or judge before whom the writ was returnable, plainly and unequivocally: 1. Whether he has or has not the party in his custody or power, or under restraint; 2. If he has the party in his custody or power, or under restraint, he shall set forth, at large, the authority and the true and whole cause of such imprisonment and restraint, with a copy of the writ, warrant, execution, or other process, if any, upon which the party is detained; 3. If he has had the party in his custody or power, or under restraint, and has transferred such custody or restraint to another, he shall state particularly to whom, at what time, for what cause, and by what authority such transfer was made.
The return must be signed and sworn to.
SEC. 539. The return must be signed and sworn to. — The return or statement shall be signed by the person who makes it; and shall also be sworn to by him, unless he is a sworn public officer, and makes the return in his official capacity.
Adjournment of cause.
SEC. 540. Adjournment of cause. — The court or judge to whom the writ is returned, or the court into which it is adjourned, may, for good cause shown, continue the cause, and shall make such order for the safekeeping of the person imprisoned or detained as the nature of the case requires.
When prisoner shall be discharged.
SEC. 541. When prisoner shall be discharged. — When the judge of court has examined into the cause of caption and detention of the person so brought before it, and is satisfied that he is unlawfully imprisoned or detained, he shall forthwith discharge him from confinement. On such examination the judge shall disregard matters of form or technicalities in any warrant, mittimus, or order of commitment by a court or officer authorized to commit by law.
When prisoner may be committed to jail, or let to bail.
SEC. 542. When prisoner may be committed to jail, or let to bail. — When the prisoner is confined or detained in a legal manner, on a charge of having committed a crime or offense which is bailable, the judge or court shall, in his or its discretion, recommit him to confinement, or "let him to bail;" if he be let to bail, the judge shall cause him to enter into a recognizance, with sufficient surety, in such a sum as he deems reasonable—the circumstances of the prisoner, and the nature of the offense charged, considered—conditioned for his appearance at the court where the offense is properly cognizable; the judge shall certify his proceedings, together with the recognizance, forthwith to the proper court; and if the person charged fail to enter into such recognizance, he shall be committed to prison by the judge.
When prisoner must be committed.
SEC. 543. When prisoner must be committed. — If it appear that the prisoner was committed by a judge or justice, and is plainly and specifically charged in the warrant of commitment with a high crime, punishment whereof is capital, he shall not be released, discharged, or bailed.
When the return is evidence, and when only a plea.
SEC. 544. When the return is evidence, and when only a plea. — If it appears that the prisoner is in custody under a warrant of commitment in pursuance of law, the return shall be considered prima facie evidence of the cause of detention; but if he is restrained of his liberty by any alleged private authority, the return of the writ shall be considered only as a plea of the facts therein set forth, and the party claiming the custody shall be held to make proof of such facts; and upon the final disposition of any case, the court or judge shall make such order as to costs as the case requires.
Penalty upon clerk for refusing to issue the writ.
SEC. 545. Penalty upon clerk for refusing to issue the writ. — If a clerk of a court refuse to issue the writ, after allowance thereof and demand therefor, he shall forfeit to the party aggrieved the sum of five hundred dollars, to be recovered in a proper action.
Penalty for disobeying the writ.
SEC. 546. Penalty for disobeying the writ. — A person to whom a writ is directed, who neglects or refuses to obey or make return of the same, according to the command thereof, or makes false return thereof, or who, upon demand made by the prisoner, or any person on his behalf, refuses to deliver to the person demanding, within six hours after the demand therefor, a true copy of the warrant of commitment and detainer of the prisoner, shall, for the first offense, forfeit to the party aggrieved two hundred dollars, and for the second offense four hundred dollars, and may also be dealt with by the judge of the court as for a contempt.
Persons set at liberty upon the writ not to be again imprisoned.
SEC. 547. Persons set at liberty upon the writ not to be again imprisoned. — A person who is set at liberty upon a writ of habeas corpus shall not be again imprisoned for the same offense, unless by the legal order or process of the court wherein he is bound by recognizance to appear, or other court having jurisdiction of the cause or offense; and a person knowingly, contrary to the provisions of this chapter, recommits or imprisons, or causes to be committed or imprisoned, for the same offense, or pretended offense, any person so set at liberty, or knowingly aids or assists therein, shall forfeit to the party aggrieved five hundred dollars notwithstanding any colorable pretense or variation in the warrant of commitment, and may also be dealt with as for a contempt by the judge or court granting the writ.
Prisoner not to be removed from the custody of one officer, to another, unless, and so forth.
SEC. 548. Prisoner not to be removed from the custody of one officer, to another, unless, and so forth. — A person committed to prison, or in custody of an officer, for any criminal matter, shall not be removed therefrom into the custody of another officer, unless by legal process, or the prisoner be delivered to an inferior officer to carry to jail, or, by order of the proper court, be removed from one place to another within the Islands, for trial, or in case of fire, infection, insurrection, or other necessity; and a person who, after such commitment, makes, signs, or countersigns any warrant for such removal contrary to this section, shall forfeit to the party aggrieved five hundred dollars.
Record of writ, and so forth.
SEC. 549. Record of writ, and so forth. — The proceedings upon a writ of habeas corpus shall be recorded by the clerks respectively.
Fees and costs.
SEC. 550. Fees and costs. — The fees of officers and witnesses shall be taxed by the judge, on his return of his proceedings on the writ, and when the prisoner is discharged, the costs shall be taxed to the Philippine Government, and paid out of its Treasury; but no officer or person shall have the right to demand payment in advance of any fees which he is entitled to by virtue of the proceedings, when the writ is demanded or issued for the discharge from custody of a person confined under color of proceedings in any criminal case; when a person in custody by virtue or under color of proceedings in any civil case is discharged, the costs shall be taxed against the party at whose instance he was so in custody; and if he be remanded to custody, costs shall be taxed against him.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).