EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodrig! ez 7

House Bill No. 9819
EXPLANATORY NOTE

Arficle 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 penaity 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.) Aperson 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
individuais will be deterred from further committing the said acts.

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


EIGHTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Rodriguez

Introduced by Representative
3819

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 Wnt 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, jiberty 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 individuais 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 jess than Fifty Thousand Pesos (P50,000.00) but not more than
One Hundred Thousand Pesos (100,000.00). 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 shail be solidarily liable for


damages arising from the acts punished under this Act if the superior officer is informed of
issuance of the wrt 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. - \f 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 ability

Sec. 8. Separability Clause. - if any portion or provision of this Act is deciared void
or unconstitutional, the remaining portions or provisions hereof shall not he 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