NINETEENTH CONGRESS 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
HOUSE OF REPRESENTATIVES 
Introduced by Representative Rufus B. Rodriguez 
House Bill No.  _____ 
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 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. 
RUFUS B. RODRIGUEZ 
April 12, 2023
6:30 pm
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NINETEENTH CONGRESS 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
HOUSE OF REPRESENTATIVES 
Introduced by Representative Rufus B. Rodriguez 
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 
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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,