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ACOSTA, MANIGBAS, REYES, RUMOHR, SANDOVAL, YACAPIN

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  1. WRITS OF MANDAMUS, HABEAS CORPUS, AMPARO AND HABEAS DATARULE 65, RULE 102, A.M. No. 07-9-12-SC, A.M. No. 08-1-16-SC ACOSTA, MANIGBAS, REYES, RUMOHR, SANDOVAL, YACAPIN

  2. WRIT OF MANDAMUS RULE 65

  3. Mandamus A special civil action under Rule 65 a writ issued in the name of the State, to an inferior tribunal, a corporation, board or person, commanding the performance of an act which the law enjoins as a duty resulting from an office, trust or station. employed to compel the performance, when refused, of a ministerial duty

  4. Elements of Mandamus Directed at any tribunal, corporation, board, officer or person Who unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust, or station; or OR unlawfully excludes another from the use and enjoyment of a right or office to which such other is entitled When there is no other plain, speedy, and adequate remedy in the ordinary course of law

  5. Elements of Mandamus •  A person aggrieved may file a verified petition • Alleging the facts with certainty • Praying that judgment be rendered commanding the respondent to do the act required to be done to protect the rights of the petitioner, and • To pay the damages sustained by the petitioner • Petition shall contain a sworn certification of non-forum shopping

  6. Characteristics mandamus may lie in the performance of a duty involving discretion to the extent that the body or officer exercising such duty may be compelled to act, but not to act in a particular way. Mandamus does not lie in the absence of showing of a clear legal right which must be well defined, clear, and certain as reflected in the petition.

  7. Characteristics • mandamus will not issue when administrative remedies are still available • Except: when the rule of exhaustion cannot be invoked because the party is estopped or if only pure questions of law are raised. • Can be availed of only by the party who has direct legal interest in the right sought to be enforced

  8. Where to file? Concurrent jurisdiction of • Supreme Court • Court of Appeals • Regional Trial Court • When to file? • Within 60 days after receipt of notice of the judgment/order/resolution

  9. Writ of Habeas Corpus Rule 102

  10. Definition It is a writ directed to a person detaining another commanding him to produce the body of the prisoner at a designated time or place or by which the rightful custody of a person is withheld from the on entitled thereto.

  11. Objective The objective of the writ is to determine whether the confinement or detention is valid or lawful. If it is, the writ cannot be issued. Its great object of the writ is the liberation of those who may be imprisoned without sufficient cause.

  12. Objective • Jurisprudence • Villavicencio v. Lucban(39 Phil. 778) • to inquire into all manner of involuntary restraint as distinguished from voluntary, and to relieve a person therefrom if such restraint is illegal • Zagala v. Ilustre (48 Phil. 282) • actual and effective restraint, not merely nominal or moral, is required • Moncupa v. Enrile, et al. (G.R. No. 63345, January 30, 1986) • actual physical restraint is not always required; any restraint which prejudice freedom of action is sufficient

  13. Nature • Jurisprudence • Alimpos v. CA (106 SCRA 159) • proceeding in rem as it is an inquisition by the government, at the suggestion and instance of an individual but still in the name and capacity of the sovereign. • Caballes v. CA (G.R. No. 163108, February 23, 2005) • summary remedy • a prerogative writ which does not issues as a matter of right but in the sound discretion of the court or judge

  14. Section 1 To what habeas corpus extends. – Except as otherwise expressly provided by law, 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.

  15. Section 1 • Two instances when the writ of habeas corpus may be availed of as a remedy: • In all cases of illegal confinement or detention by which a person is deprived of his liberty. • When the rightful custody of any person is withheld from the person entitled thereto.

  16. Section 1 • Jurisprudence • Sombong v. CA (252 SCRA 663) • Remedy to enable parents to regain the custody of minor child even if the latter be in the custody of a third person of his/her own free will upon the concurrence of certain requisites • Gumabon v. Director of the Bureau of Prisons (37 SCRA 420) • Temporary release of a person which carries such restriction does not render the petition for habeas corpus moot and academic  • Feria v. CA (325 SCRA 525) • Writ may be availed of where: • There has been a deprivation of a constitutional right resulting in the restraint of a person; • The court had no jurisdiction to impose the sentence; or • An excessive penalty has been imposed, as such is void as to such excess. • In Re Azucena L. Garcia (339 SCRA 292) • Habeas corpus cannot function as a writ of error. Mere errors of fact or law, which did not have the effect of depriving the trial court of its jurisdiction over the cause and the person of the defendant, if corrected at all, must be corrected on appeal in the form and manner prescribed by law.

  17. Section 1 • Constitutional provisions related to the writ of habeas corpus: • Sec. 15, Article III of the 1987 Constitution provides that the privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion where the public safety requires it. • Sec. 18, Article VII of the 1987 Constitution provides that in case of invasion or rebellion, the President may, for a period not exceeding sixty days, suspend the privilege of habeas corpus, which Congress may revoke or, upon the initiative of the President, extend for a period to be determined by it.

  18. Section 2 Who may grant the writ. – The writ of habeas corpus may be granted by the Supreme Court, or any member thereof, on any day and at any time, or by the Court of Appeals or any member thereof in the instances authorized by law, and if so granted it shall be enforceable anywhere in the Philippines, and may be made returnable before the court or any member thereof, or before the Court of First Instance, or any judge thereof for the hearing and decision on the merits. It may also be

  19. Section 2 • Courts that may issue the writ: • The Supreme Court • Court of Appeals • Regional Trial Court • The decisions of the Supreme Court and the Court of Appeals are enforceable anywhere in the Philippines while the regional trial courts have jurisdiction to issue writs of habeas corpus only when such writ can be enforced within their respective judicial districts.

  20. Section 2 • Jurisprudence • Martin v. Guerrero (317 SCRA 166) • A writ issued by a Regional Trial Court and enforced outside of his judicial district is void. • Medina v. Yap (60 SCRA 73) • A petitionfiled with the Supreme Court may make the writ returnable to itself. • Where factual issues are raised, the Supreme Court may make the writ returnable to a regional trial court. • Orla v. Court of Appeals (192 SCRA 768) • In a petition filed with the Court of Appeals, the latter may not make the writ returnable to the regional trial courts • The Court of Appeals should instead hear the case, conduct a trial or hearing to receive evidence and decide the petition for habeas corpus on the merits.

  21. Section 3 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 on his behalf, and shall set forth: (a) That the person in whose behalf the application is made is imprisoned or restrained of his liberty; (b) The officer or name of the person by whom he is so imprisoned or restrained; or, if both are unknown or uncertain, such officer or person may be described by an assumed appellation, and the person who is served with the writ shall be deemed the person intended; (c) The place where he is so imprisoned or restrained, if known; (d) A copy of the commitment or cause of detention of such person, if it can be procured without impairing the efficiency of the remedy; or, if the imprisonment or restraint is without any legal authority, such fact shall appear.

  22. Section 3 The petition for habeas corpus may be filed, signed and verified by the party for whose relief it is intended or the person illegally detained, or by some other person on his behalf.

  23. Section 3 • Jurisprudence • Velasco v. CA (245 SCRA 677) • The term “some other person” means any person who has a legally justified interest in the freedom of the person whose liberty is restrained (parents, wife or the common-law spouse, one who shows some authorization to make the application). • People v. Labriaga (250 SCRA 163) • Strict compliance with the technical requirements of Section 3 may be dispensed with, where the application is sufficient in substance, as the rules on habeas corpus are liberally construed. • Bernarte v. CA (263 SCRA 323) • The court must inquire into every phase and aspect of petitioner’s detention – from the moment petitioner was taken into custody up to the moment the court passes upon the merits of the petition and only after such a scrutiny can the court satisfy itself that the due process clause of the Constitution has been satisfied.

  24. Section 4 When writ not allowed or discharge authorized. – If it appears that the person alleged to be restrained of his liberty is in the custody of an officer under process issued by a court or judge or by virtue of a judgment or order of a court of record, and that the court or judge had jurisdiction to issue the process, render the judgment, or make the order, the writ shall not be allowed; or if the jurisdiction appears after the writ is allowed, the person shall not be discharged by reason of any informality or defect in the process, judgment, or order. Nor shall anything in this rule be held to authorize the discharge of a person charged with or convicted of an offense in the Philippines, or of a person suffering imprisonment under lawful judgment.

  25. Section 4 • Jurisprudence • Rodriguez v. Bonifacio (344 SCRA 519) • Cannot question his detention via writ once duly charged in court. • Remedy: quash the information and/or the warrant of arrest duly issued. • The term “court” includes quasi-judicial bodies. • In Velasco v. CA (245 SCRA 677) • Other instances • The subsequent issuance of a judicial process preventing the discharge of the detained persons; • The filing of a complaint or information for the offense for which the accused is detained and the issuance of a warrant of arrest; and • The filing of a motion for bail, as it is an admission that the person was under the custody of the court and voluntarily submitted to his person to its jurisdiction, or by appearing in court and giving a bond for his provisional release. • Ilusorio v. Bildner (332 SCRA 169) • Wife may not secure a writ of habeas corpus to compel her husband to live with her in conjugal basis. Marital rights including overture and living in conjugal swelling may not be enforced by the extraordinary writ of habeas corpus.

  26. Section 5 When the writ must be granted and issued. – A court or judge authorized to grant the writ must, when a petition therefor is presented and it appears that the writ ought to issue, grant the same forthwith, and immediately thereupon the clerk of the court shall issue the writ under the seal of the court; or in case of emergency, the judge may issue the writ under his own hand, and may depute any officer or person to serve it.

  27. Section 6 To whom writ directed, and what to require. – In case of imprisonment or restraint by an officer, the writ shall be directed to him, and shall command him to have the body of the person restrained of his liberty before the court or judge designated in the writ at the time and place therein specified. In case of imprisonment or restraint by a person not an officer, the writ shall be directed to an officer, and shall command him to take and have the body of the person restrained of his liberty before the court or judge designated in the writ at the time and place therein specified, and to summon the person by whom he is restrained then and there to appear before said court or judge to show the cause of the imprisonment or restraint.

  28. Section 7 How prisoner designated and writ served. – The person to be produced should be designated in the writ by his name, if known, but if his name is not known he may be otherwise described or identified. The writ may be served in any province by the sheriff or other proper officer, or by a person deputed by the court or judge. Service of the writ shall be made by leaving the original with the person to whom it is directed and preserving a copy on which to make return of service. If that person cannot be found, or has not the prisoner in his custody, then the service shall be made on any other person having or exercising such custody.

  29. Section 8 How writ executed and returned. – The officer to whom the writ is directed shall convey the person so imprisoned or restrained, 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, unless, from sickness or infirmity of the person directed to be produced, such person cannot, without danger, be brought before the court or judge; and the officer shall make due return of the writ, together with the day and the cause of the caption and restraint of such person according to the command thereof.

  30. Section 9 Defect of form. – No writ of habeas corpus can be disobeyed for defect of form, if it sufficiently appears therefrom in whose custody or under whose restraint the party imprisoned or restrained is held and the court or judge before whom he is to be brought.

  31. Section 10. Contents of return. – 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 is returnable, plainly and unequivocably: (a) Whether he has or has not the party in his custody or power, or under restraint; (b) If he has the party in his custody or power, or under restraint, the authority and the true and whole cause thereof, set forth at large, with a copy of the writ, order, execution, or other process, if any, upon which the party is held; (c) If the party is in his custody or power or is restrained by him, and is not produced, particularly the nature and gravity of the sickness or infirmity of such party by reason of which he cannot, without danger, be brought before the court or judge; (d) If he has had the party in his custody or power, or under restraint, and has transferred such custody or restraint to another, particularly to whom, at what time, for what cause, and by what authority such transfer was made.

  32. Return of the Writ Form • In writing • Signed by the person making the Return • Sworn to by said person if: • Prisoner is not produced • In all other cases UNLESS: Made and signed by a sworn public officer in his official capacity.

  33. Contents • Day when the Return is made • Cause of caption and restraint of prisoner • If the Return is made by the person alleged to have custody of the prisoner, whether or not he has the prisoner in his custody or power or is under restrain • If the prisoner is in his custody or is under restraint: • The authority thereof • True and whole cause thereof • Including copy of the writ, order, execution or process embodying the authority, if any • If the prisoner is in his custody or is under restraint and not produced before the court: • The nature and gravity of the sickness or infirmity of the prisoner • If the prisoner is in his custody or under restraint and was transferred to another: • To whom transferred • Time transfer was made • Cause of transfer • Authority under which transfer was made

  34. To Whom Made The Return should be made before the judge of the court where the application of the writ was filed. By Whom Made • Sheriff or other officer who served the writ • The person in whose custody the prisoner is found

  35. Effects After Return is Made 1) If the prisoner is produced: • The judge to whom the return was made hears and examines the return and such other matters as are properly submitted for consideration. • If the judge is satisfied that the prisoner is unlawfully imprisoned or detained, the prisoner shall be ordered discharged from confinement to be effective when a copy of the order has been served on the officer or person detaining the prisoner. If such officer or person does not appeal, the prisoner shall be released. • The person set at liberty shall not be imprisoned again for the same offense UNLESS, by lawful order or process of a court having jurisdiction over the cause or offense. • If a person knowingly recommits or imprisons, or causes to be committed or imprisoned, for the same offense or pretended offense, any person set at liberty, or knowingly aids or assists therein, such person shall forfeit to the party aggrieved one thousand pesos to be recovered in a proper action and may also be punished for contempt.

  36. Effects After Return is Made • If it appears that the prisoner was lawfully committed, and is plainly and specifically charged in the warrant of commitment with an offense punishable by death, he hall not be released, discharged or baled. • If the prisoner is lawfully imprisoned or restrained on a charge of having committed an offense not punishable by death, he may be recommitted or imprisoned or admitted to bail in the discretion of the court or judge. Upon application for bail: • The judge or court shall consider the circumstances of the prisoner and the nature of the offense charged. • The prisoner files a bund in the sum determined by the judge or court. • Thu judge or court grants bail conditioned on the appearance of the prisoner before the court where the offense is properly cognizable to abide its order or judgment.

  37. Effects After Return is Made 2) If the prisoner is not produced: • If the person imprisoned or restrained is not produced because of his alleged sickness or infirmity, the court or judge must be satisfied that it is so grave that the person cannot be produced without danger before proceeding to hear and dispose of the matter.

  38. When the Return is Evidence and When Only A Plea • The Return shall be considered prima facie evidence of the cause of restraint if the prisoner is in custody under a warrant of commitment in pursuance of law. • The Return shall be considered only as a plea of the facts therein set forth and the party claiming the custody must prove such facts if the prisoner is restrained of his liberty by any private authority.

  39. When the Custody of the Prisoner may be Removed to Another: 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 • The prisoner be delivered to an inferior officer to carry to jail • By order of the proper court or judge • By order of the proper court or judge, be removed from one place or another within the Philippines for trial • In case of fire, epidemic, insurrection, or other necessity or public calamity. A person who makes, signs, or countersigns any order for such removal contrary to Section 18, Rule 102 shall forfeit to the party aggrieved one thousand pesos to be recovered in a proper action.

  40. Penalties Penalty for Refusing to Issue the Writ: • A clerk of court who refuses to issue the writ after the court or judge allowed it and after a demand is made shall forfeit to the party aggrieved one thousand pesos to be recovered in a proper action and may also be punished for contempt. 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 or makes false return thereof or who, upon demand by or on behalf of the prisoner, refuses to deliver to the person so demanding within 6 hours after the demand therefore a true copy of the warrant or order of commitment shall forfeit to the party aggrieved one thousand pesos to be recovered in a proper action and may also be punished for contempt.

  41. Record of Writ The proceedings upon a writ of habeas corpus shall be recorded by the clerk of court. Fees and Costs • Upon the final disposition of the proceedings, the court or judge shall make such order as to costs as the case requires. • The fees of officers and witnesses shall be included in the costs taxed. • No officer or person shall have the right to demand payment in advance of any fees to which he is entitled by virtue of the proceedings. • When a person confined under color of proceedings in a CRIMINAL case is discharged, the costs shall be taxed against the Republic of the Philippines and paid out of its Treasury. • When a person in custody by virtue or under color of proceedings in a CIVIL case is discharged, the costs shall be taxed against him or against the person who signed the application for the writ or both as the court shall direct.

  42. WRIT OF AMPARO A.M. No. 07-9-12-SC

  43. DEFINITION • A 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. • ‘Amparo’ literally means ‘to protect’

  44. SCOPE • - The writ shall cover extralegal killings and enforced disappearances or threats thereof. • - Limited only to the right to life, liberty and security of persons. • - covers both actual and threatened violations of such rights committed by both public officials and private individuals or entities.

  45. WHO MAY FILE - Aggrieved Party – • Any member of the immediate family, namely: the spouse, children and parents of the aggrieved party; • Any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil degree of consanguinity or affinity, in default of those mentioned in the preceding paragraph -Authorized Party – • Any concerned citizen, organization, association or institution, if there is no known member of the immediate family or relative of the aggrieved party.

  46. FILING may be filed on any day, including Saturdays, Sundays and holidays; and at any time, from morning until evening. The amparo petition may be filed with: • Regional Trial Court having territorial jurisdiction on the place where the act or omission was committed, or where any of its elements occurred. • returnable before the RTC or judge. • Sandiganbayan • may be returnable before such court or any justice thereof, or to any RTC of the place where the violation was committed. • Court of Appeals or any of its justices • may be returnable before such court or any justice thereof, or to any RTC of the place where the violation was committed. • Supreme Court of any of its justices • returnable before the SC or any justice thereof, or before the Sandiganbayan or the CA or any of their justices, or to any RTC of the place where the violation took place. • No docket and other lawful fees required.

  47. CONTENTS • The petition shall be signed and verified and shall allege the following: a. The personal circumstances of the petitioner; b. The name and personal circumstances of the respondent responsible for the threat, act or omission, or, if the name is unknown or uncertain, the respondent may be described by an assumed appellation; c. The right to life, liberty and security of the aggrieved party violated or threatened with violation by an unlawful act or omission of the respondent, and how such threat or violation is committed with the attendant circumstances detailed in supporting affidavits; d. The investigation conducted, if any, specifying the names, personal circumstances, and addresses of the investigating authority or individuals, as well as the manner and conduct of the investigation, together with any report; e. The actions and recourses taken by the petitioner to determine the fate or whereabouts of the aggrieved party and the identity of the person responsible for the threat, act or omission; and f. The relief prayed for.

  48. ISSUANCE • Upon filing, the court, justice or judge shall IMMEDIATELY order the issuance of the writ, when on the face of the petition, it ought to issue. • A hearing of the petition, which shall not be later than 7 days from the date of issuance, shall be held. • Shall be GRANTED if petitioner is able to prove his cause of action