Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS.
First Regular Session

HOUSE BILL nol 683

Introduced by RE!

‘VELINA G. ESCUDERO

EXPLANATORY NOTE

Article III, 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 the most basic rights of a person is his liberty against any form of restrain.
To ensure this, the law should grant 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
(P1,000.00) in case a person has disobeyed the writ or if the clerk of court refused to
issue one without justified reasons. Effectively, the Rules of Court enforce 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
of 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
discharged;

(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 custody of
restraint to elude the service of the writ.

This bill is filed for the purpose of giving concerned citizens a means to protect

their rights. By providing increased penalties in addition to the one imposed under the
Rules, abusive individuals will be discouraged from further committing the said acts


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS
First Regular Session

HOUSE BILL NO. 1682

Introduced by REP. EVELINA G. ESCUDERO

AN ACT
PENALIZING DISOBEDIENCE TO THE WRIT OF HABEAS CORPUS.

Sect ogee by the Senate and the House of Representatives of the Philippines in

SECTION 1. Title. - This Act shall be known as "The Compliance to the Writ of
Habeas Corpus Act."

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 shall be
committed in the following manner:

(1) Every person, to whom a writ of habeas corpus may be directed, who

neglects or refuses to obey the command thereof after proper service;

(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;


20

21

22

23

24

25

26

27

8) Every clerk of court who refuses to issue the writ after grant thereof by the

court and demand therefor by the petitioner; or
(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 the provisions 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 (P50,000.00) 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. Liability 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 or knowledgeable of the issuance of the writ, such acts by the public officer or
employee concerned, and no immediate appropriate action is taken thereon.

SEC. 6. Independent 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 and/or 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.

wv


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. 10. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or at least two (2) newspapers of general circulation.

Approved,

we