THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
eo4 J13N 
$1 5 
Introduced by SENATOR LUISA "LOP P. EJERCITO ESTRADA 
E . II 
EXPLANATORY NOTE 
Article 111, 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,OOO.OO) in case a person disobeys the writ 01- 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 therefor, 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 therefor 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) 
(4) 
A clerk of court who refuses without reason to issue a writ; 
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 
By providing stiffer penalties in addition to the one imposed under the 
their rights. 
Rules, abusive individuals will be deterred from farther committing the said acts. 
In view of the foregoing, approval of this bill is earnestly urged. 
LUISA "LOI" 4. EJERCITO ESTRADA 
Senator 


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THIRTEENTH CONGRESS OF THE REPUBLIC ) 
First Regular Session 
OF THE PHILIPPINES 
SENATE 
Introduced by SENATOR LUISA "LOI" P. EJERCITO ESTRADA 
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 PhilQpines in 
Congress assembled: 
Section 1. Title. - This Act shall be known as "The Compliance to the Writ of 
Habeas Corpus Act of 2004" 
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: 
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 
thereoc 
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; 
Every clerk of court who refuses to issue the writ after allowance thereof 
and demand therefor; 
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,OOO.OO) 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 solidarity 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 Clause. - This Act shall take effect fifteen (15) days after its 
complete publication in at least two (2) newspapers of general circulation. 
Approved,