SENATE 
S.B. 
No. 395 
Introduced by Senator JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Article 111, Section 1 of the 1987 Constitution provides that, "No person shall be 
deprived of life, liberty, or property without due process of law, nor shall any person be 
denied the equal protection of the laws." 
One of man's most cherished possessions is his liberty against any form of 
restraint. To reinforce this, the law grants to an individual the right to avail of the writ of 
habeas corpus. Upon the issuance of a writ, a person who restrains another is directed 
to produce the restrained person before the court or judge designated in the writ at the 
time and place therein specified. 
The present law on habeas corpus, specifically Rule 102 Section 16 of the 
Revised Rules of Court, provides for a penalty of contempt and a fine of One Thousand 
pesos (PI ,000.00) in case a person disobeys the writ or if the clerk of court refuses to 
issue one without just reasons. In effect, the Rules of Court imposes the said penalty 
only in two (2) instances: refusal of the clerk of court to issue the writ after allowance 
thereof and demand therefore, and neglect or refusal of a person to whom a writ is 
directed to obey or make return of the same according to the command thereof or 
refuses, upon demand made by or on behalf of the prisoner, to deliver to the person 
demanding, within six (6) hours after the demand therefore a true copy of the warrant or 
order of commitment. 
The bill proposes to punish disobedience to the writ in four (4) instances: 
(1 .)A person who refuses or neglects to obey the writ; 
(2.) A member of the court who knowingly recommits to prison a person already 
(3.) A clerk of court who refuses without reason to issue a writ; 
(4.)A person who intently transfers residence or transfers a person under his 
This bill is filed for the purpose of giving aggrieved citizens a means to protect 
their rights. By providing stiffer penalties in addition to the one imposed under the 
Rules, abusive individuals will be deterred from further committing the said acts. 
discharged; 
custody of restraint to elude the service of the writ. 
In view of the foregoing, approval of this bill is earnestly urged. 
Senator 


SENATE 
S.B. 
No. 395 
Introduced by Senator JINGGOY EJERCITO ESTRADA 
AN ACT PENALIZING DISOBEDIENCE TO THE WRIT OF HABEAS CORPUS AND 
OTHER ACTS AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
Section 1. Title. - This Act shall be known as "The Compliance to the Writ of 
Habeas Corpus Act of 2007." 
Sec. 2. Declaration of Policy. - The State shall maintain peace and order, 
protect the life of its citizens, and shall promote their general welfare. The Bill of Rights 
enshrined in our Constitution declares that, "No person shall be deprived of life, liberty 
or property without due process of law, nor shall any person be denied the equal 
protection of the laws." Towards this end, all acts curtailing freedom of individuals 
without just cause and evading or disobeying writs duly issued by competent court 
authorities are declared unlawful. 
Sec. 3. How Committed. - Disobedience to the writ of habeas corpus may be 
committed in the following manner: 
(1) Every officer or person to whom a writ of habeas corpus may be directed, 
who after service thereof, neglects or refuses to obey the command thereof 
(2) Every person who, either solely or as a member of the court, knowingly and 
unlawfully recommits, imprisons, or restrains for the same cause, any person 
who has been discharged upon a writ of habeas corpus; 
(3) Every clerk of court who refuses to issue the writ after allowance thereof and 
demand therefore: 
(4) Every person having in his custody, or under his restraint of power, any 
person for whose relief a writ of habeas corpus has been issued, who, with 
the intent to elude the service of such writ or to avoid the effect thereof, 
transfers such person to the custody of another, or places him under the 
control or power of another, or conceals or changes the place of his 
confinement or restraint, or removes him outside the jurisdiction of the court 
or judge issuing the writ. 
Sec. 4. Liability- - Any person who violates any provision of this Act shall, upon 
conviction, be penalized by imprisonment of not less than six (6) months but not more 
than six (6) years, or a fine of not less than Fifty Thousand Pesos (P50,OOO.OO) but not 
more than One Hundred Thousand Pesos (P100,000.00), or both such fine and 
imprisonment at the discretion of the court. 


Sec. 5. Liabilify of Superior Officer. -The superior officer of the public officer or 
employee to whom the writ was directed or issued against shall be solidarily liable for 
damages arising from the acts punished under this Act if the superior officer is informed 
of issuance of the writ of such acts by the public officer or employee and no immediate 
action is taken thereon. 
Sec. 6. lndependenf Action for Damages. - Nothing in this Act shall preclude 
the offended party from instituting a separate and independent action for damages and 
other affirmative relief. 
Sec. 7. Administrative Liability. - If the offender is a public officer or employee, 
the filing of civil andlor criminal action against him will not be a bar to any administrative 
liability. 
Sec. 8. Separability Clause. - If any portion or provision of this Act is declared 
void or unconstitutional, the remaining portions or provisions hereof shall not be affected 
by such declaration. 
Sec, 9, Repealing Clause. - All laws, decrees, orders, rules and regulations, 
other issuances, or parts thereof inconsistent with the provisions of this Act are hereby 
repealed and modified accordingly. 
Sec. IO. Effectivity. - This Act shall take effect fifteen (15) days after its 
complete publication in at least two (2) newspapers of general circulation. 
Approved,