SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES _)
Second Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.

House Bill No. 6943
EXPLANATORY NOTE

Article Ill, 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 (P1,000.00) 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 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 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.

In view of the foregoing, approval of this bill is earnestly urged.

MAXIMO B. RODRIGUEZ, JR.


SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —_)
Second Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.

6943

House Bill No.

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

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
(P50,000.00) 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 of issuance of the writ of such acts by the public officer or
employee and no immediate 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.

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 at least two (2) newspapers of general circulation.

Approved,