FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Thi rd Regular Session 
) 
SENATE 
S.B. No. 
Introduced By Senator Manuel "Lito" M. Lapid 
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EXPLANATORY NOTE 
The writ of habeas corpus is otherwise known as the Great Writ of Liberty_ It 
protects the citizenry against arbitrary detentions and imprisonments by ensuring 
that government will always be accountable to the judiciary with respect to a man's 
liberty. 
In recent years there have been numerous petitions for habeas corpus filed with 
the courts. There is concern that instead of being the protector of the citizen's right 
of personal liberty, the government has been the cause of its unfounded or arbitrary 
restraint. The proposed legislation introduces a mechanism that allows filing fees 
for the institution of petitions for habeas corpus to be shouldered by the government 
instead of being charged against the victims. The filing fee for a petition for habeas 
corpus before the Supreme Court is Php4730.00. On the other hand, the filing fee for 
petitions filed before the Regional Trial Courts is at least Php17S0 plus a summons 
fee of Php200 if there is only one defendant. 
The writ of habeas corpus is precisely a protection against the possible excesses 
that the government or its agents may commit against its citizens_ It is only just that 
the one who has committed such excesses be held accountable for the costs of the 
remedy. Considering that it is the government itself or its agents that has violated its 
mandate of protecting the liberty of its citizens, it is proper that the one who carries 
fault bear the cost_ 
Hence, the present proposal to free covered petitioners from the burden of 
filing fees by giving the Supreme Court the power to collect such filing fees from the 
State at the end of each calendar year. Exempted from coverage herein are petitions 
for habeas corpus not resulting from government excesses, such as those filed 
pursuant to the Violence against Women and Children Act or under guardianship 
proceedings. 
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I. 
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MANUEL "LITO" M. LAPID' 
Senator 
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FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENATE 
S.B. No. 3394 
Introduced By Senator Manuel "Lito" M. Lapid 
AN ACT PROVIDING A MECHANISM FOR DISCHARGING THE FILING 
FEES FOR PETITIONS FOR HABEAS CORPUS 
Be it enacted by the Sennte nnd House of Representatives of the Philippines 111 
Congress assembled: 
SECTION 1. 
Declaration of Policy. - The Philippine Constitution, the 
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Universal Declaration of Human Rights, and the International Convention on Civil 
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and Political Rights declare that a person's right to liberty and to the security of his 
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person must be protected. It is the duty of the State to protect the citizenry against 
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arbitrary arrests and detentions performed by its very agents. In instances when a 
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person's right to liberty is arbitrarily restrained by virtue of government action, the 
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State should bear the responsibility to provide accessible and effective remedies 
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therefor. 
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SEC. 2. 
Scope. - No payment of filing fees shall be required from the 
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petitioner upon the filing of petitions for habeas corpus before the Court, except if the 
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petition is filed as a remedy for causes of action against private persons, such as but 
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not limited to remedies under the Violence against Women and Children Act or 
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under guardianship proceedings. 
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SEC. 3. 
Government Subsidy. - At the end of each calendar year, the 
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Supreme Court shall file with the Department of Budget and Management a Special 
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Budget Request reflecting the total filing costs for petitions for habeas corpus covered 
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by this Act, with the supporting documents required therefor. 
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SEC. 4. Filing Fees for Petitions Not Covered. - Petitions not covered by this 
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Act shall be charged filing fees in accordance with the rules and guidelines of the 
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Supreme Court. 
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SEC. 5: Implementing Rules and Regulations. - The Supreme Court and the 
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Department of Budget and Management shall formulate the necessary rules and 
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regulations for the effective implementation of this Act. 
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SEC. 6. Separability Clause. - If any provision or part of this Act shall be 
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declared invalid or unconstitutional, the remaining parts or provisions not affected 
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shall remain in full force and effect. 
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SEC. 7. Repealing Clause. - All laws, decrees, executive orders, issuances, 
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rules and regulations or parts thereof inconsistent with the provisions of this Act are 
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hereby repealed or modified accordingly. 
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SEC. 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
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its publication in the Official Gazette or in at least two (2) newspapers of general 
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circulation. 
Approved, 
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