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FOURTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
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SENATE 
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COMMITTEE REPORT NO. 
IVEO EIV 
,/d 
Submitted by the Committee on Justice and Human Rights on 
Re: Senate Bill No. , , . ,! 2, $ 
Recommending its approval in substitution of Senate Bill No. 395 
Sponsor: Senator Escudero. 
DEC 1 7 200 
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MR. PRESIDENT 
The Committee on Justice and Human Rights to which was referred Senate Bill No. 395, 
introduced by Senator Ejercito Estrada, entitled: 
"AN ACT 
PENALIZING DISOBEDIENCE TO THE WRIT OF HABEAS CORPUS AND 
OTHER ACTS AND FOR OTHER PURPOSES" 
has considered the same and has the honor to report it back to the Senate with the 
recommendation that the attached bill, Senate Bill No. nQ?3 
f., CF 
, prepared by the 
Committee, entitled: 
"AN ACT 
PENALIZING DISOBEDIENCE TO THE WRIT OF HABEAS CORPUS" 
be approved in substitution of Senate Bill No. 395, with Senators Ejercito Estrada and 
Escudero as authors thereof. 
Respectfully submitted: 
Chairman: 
FRANCIS "CHIZ G. ESCUDERO 
Committee on Justice and Human Rights 


Committee Repod on SBN 395Penaiizing Disobedience to the Writ of Habeas Corpus. 
. . . ,,. , ....., ........................................................... 
".I .,."I 
Vice-Chairman: 
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Members: 
ALAN PETER "COMPANERO" S. CAYETANO 
GREG~RIO 
B. HONASAN'II 
JUAN PONCE ENRILE 
R 
0 
0 GREVILLAJR. 
flf 
M.A. MADRIGAL 
Ex-Officio Members: 
A 
/ 
N 
AQUlLlN Q. PIMENTEL JR. 
Mhority Leader 
/ 
Ron. JUAN PONCE ENRILE 
Senate President 
Senate of the Philippines 
Pasay City 


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C)FF,c,;:,;t, 
:.,~ ,t ,: I :,:,Iir 
FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
Second Regular Session 
) 
8 
17 P3 2 3  
(111 substitution of SB No. 395) 
Prepared by the Committee on Justice and Human Rights with Senators Ejercito 
Estrada and Escudero as authors thereof 
AN ACT 
PENALIZING DISOBEDIENCE TO THE WRIT OF HABEAS CORPUS 
" 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress asseiiibled: 
SECTION 1. Title. - This Act shall be known as "The Compliance to the Writ of 
Habeas Corpus Act of 2008." 
SEC. 2. Declaration ofPolicy. -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 
coinpetent court authorities are declared unlawful. 
SEC. 3. How Coinnzitted. - Disobedience to the writ of habeas corpus shall be 
committed in the following manner: 
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(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; 
(3) 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,OOO.OO) but not more than One Hundred Thousand Pesos (PlOO,OOO.OO), 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 
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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. lndependent Actionfor 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 the Official Gazette or at least two (2) newspapers of general 
circulation. 
Approved, 
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