Title X: Emancipation and the Age of Majority
IN THE MATTER OF PETITION FOR HABEAS CORPUS, ASHRAF KUNTING (2006)
Summary: Kunting, an alleged Abu Sayyaf Group member involved in the kidnappings in Mindanao was detained by the PNP Intelligence group but the TC in Basilan where he was charged with Kidnapping for Ransom and Serious Illegal Detention ordered that he be turned over to the said TC as Kunting filed an Urgent Motion for Reinvestigation with them. The said orders were not heeded by PNP-IG, alleging that there was a pending motion for a change of venue filed as it was alleged that there would be efforts by the ASG to recover custody of Kunting if he be brought to Basilan and that this plan may succeed, due to the inadequate security facility in the municipal jail and its proximity to the area of operation of the ASG.
Thus, Kunting filed petition for HC. Court initially said that Kunting should not be turned over, he being legally detained. However, as there were insufficient evidence to prove that there was a pending motion for transfer of venue, the court granted the transfer.
"once the person detained is duly charged in court, he may no longer question his detention by a petition for the issuance of a writ of habeas corpus."
Facts
-Ashraf KUNTING was charged in RTC Basilan with 4 counts of Kidnapping for Ransom and Serious Illegal Detention. Warrants of arrest were issued by RTC Basilan
-he was arrested in Malaysia for violation of Malaysian Internal Security Act, was turned over to the PNP-IG and Task Force Salinglahi, flown to RP and brought to Camp Crame for booking and custodial investigation
-PNP-IG requested RTC Basilan that KUNTING be temporarily detained with them due to high security risks involved and prayed for corresponding commitment order
-RTC instead ordered that he be turned over to them due to the URGENT MOTION FOR REINVESTIGATION filed by KUNTING
-PNP-IG wrote to Chief State Prosecutor Zuño to represent them and to file a motion for transfer of venue on the possibility that if KUNTING would be transferred to Basilan, ASG would recover his custody
-RTC denied KUNTING’s motion for reinvestigation since PNP-IG has not turned over KUNTING, and reiterated their order to turn over KUNTING
-with their letter to Chief Prosecutor Zuño still unheeded, PNP OIC of Legal Affairs Division filed a Motion to defer the implementation of the Order pending the motion for the transfer of the venue.
-KUNTING filed Petition for HC w/SC:
Restrained of his liberty
Never informed of the charges filed against him until he requested his family to research in Zamboanga that his name appeared in the list of accused in the Lamitan kidnapping incident
He never participated in the said kidnapping incident – led him to file URGENT MOTION FOR REINVESTIGATION
His detention was classified in the records as “for safekeeping purposes only”
WON the Petition should be granted? NO but…
- The remedy of habeas corpus has one objective: to inquire into the cause of detention of a person
>if illegal: release detainee
>if legal: HC proceedings terminate -WRIT is NOT ALLOWED – Section 4
1. Person is under process issued by a court or judge + the court or judge had jurisdiction to issue the process, render the judgment or make the order
2. Jurisdiction appears after writ is allowed
3. Person is charged with or convicted of an offense in RP 4. Person is suffering imprisonment under lawful judgment -HERE:
* Kunting’s detention by the PNP-IG was under process issued by the RTC.
* Kunting was charged with 4 counts of Kidnapping for Ransom and Serious Illegal Detention
>>>so cannot be discharged since he was charged with a criminal offense -BUT wait, there’s more!
-Kunting has been detained by PNP-IG for 2 years while awaiting that DOJ make a motion for transfer of venue
- In the absence of evidence that the DOJ has indeed filed a motion for the transfer of venue, In its Comment, the Office of the Solicitor General stated that the PNP-IG is presently awaiting the resolution of the Motion for Transfer of Venue it requested from the DOJ.
-so while pending action on the motion, detention of Kunting is transferred to Basilan…good luck naman.
Habeas Corpus Amparo Habeas Data
Nature, scope, function
All cases of illegal confinement and detention which any person is deprived of his liberty; or rightful custody of any person is withheld from the person entitled (102.1)
Actual violation before writ issues. Note Villavicencio v. Lukban on applicability of the writ in case of constructive restraint
Involves right to life, liberty and security violated or threatened with violation by an unlawful act or omission of a public official or employee or a private individual or entity
It covers extralegal killings and enforced disappearances or threats thereof. (RWA Sec.1)
Involves the right to privacy in life, liberty or security of the aggrieved party and covers extralegal killings and enforced disappearances (RWD Sec.1)
Limitations May be suspended in cases of invasion or rebellion when public safety requires it (Consti. Art. III Sec. 15)
Shall not diminish, increase or modify substantive rights (RWA Sec. 24)
Shall not diminish, increase or modify substantive rights (RWD Sec. 23)
Who may file By a petition signed and verified by the party for whose relief it is intended, or by some person on his behalf (102.3)
Petition filed by the aggrieved party or by any qualified person or entity in the following order:
a. Any member of the immediate family
b. Any ascendant, descendant or collateral relative of the aggrieved within the 4th civil degree of consanguinity or affinity c. Any concerned citizen, organization, association or institution Filing by the aggrieved or representative suspends the right of all others (RWA Sec. 2)
Any aggrieved party may file a petition for the WHD However, in cases of extralegal killings and enforced disappearances, the petition may be filed by (also successive):
a. Any member of the immediate family of the aggrieved b. Any ascendant, descendant or collateral relative of the aggrieved party within the 4th civil degree of consanguinity or affinity, (RWD Sec. 2)
Where filed Granted by:
SC or any member thereof, on any day and at any time CA or any member thereof in instances authorized by law RTC or a judge thereof, on any day and at any time, enforceable only within his judicial district (102.2)
MTC OR FIRST LEVEL COURTS in the absence of RTC judges in a judicial region (section 35 BP 129)
Filed on any day and at any time:
SB, CA, SC, or any justice of such courts
RTC of place where the threat, act, or omission was committed or any element occurred (RWA Sec. 3)
Petition may be filed with RTC
where the petitioner or respondent resides or
that which has jurisdiction over the place where the data or information is gathered, collected or stored, at the option of petitioner
If public data files of government offices, petition shall be filed with the SC, CA, or SB (RWD Sec. 3)
Where enforceable
If SC or CA issued, anywhere in the Philippines
If granted by the RTC or judge thereof, it is enforceable in any part of the judicial region (Section 21, BP 129 which modified the term judicial district in Section 2, Rule 102 into judicial region) where the judge sits
Writ shall be enforceable anywhere in the Philippines (RWA Sec.
3)
Writ shall be enforceable anywhere in the Philippines (RWD Sec.
3)
Where returnable
If the one that granted the writ:
Is the SC or CA, or a member thereof, returnable before such court
If the one that granted the writ:
SC or any of its justices: before such court or any justice thereof, or before the SB or CA or any of their justices, or to any RTC of
If issued by:
The SC or any of its justices, before such Court or any justice thereof, or CA or SB or any of its justices, or the RTC of the place
or any member thereof or an RTC
An RTC, or a judge thereof, returnable before himself (102.2)
the place where the threat, act or omission was committed or any of its elements occurred
The SB or CA or any of their justices, before such court or any justice thereof, or to any RTC of the place where the threat, act, or omission was committed or any of its elements occurred RTC, returnable before such court or judge (RWA Sec. 3)
where the petitioner or respondent resides / has jurisdiction over the place where the data or information is gathered, stored or collected
The CA or SB or any of its justices, before such court or any justice thereof, or the RTC (same with scenario: SC issued and then returned in RTC)
RTC, returnable before such court or judge (RWD Sec. 4) Docket Fees upon the final disposition of such proceedings the court or
judge shall make such order as to costs as the case requires (102.19)
NONE absolutely. Petitioner shall be exempted from the payment of the docket and other lawful fees. Court, justice or judge shall docket the petition and act upon it immediately (RWA Sec 4)
None for indigent petitioner
Petition shall be docketed and acted upon immediately, w/o prejudice to subsequent submission of proof of indigency not later than 15 days from filing (RWD Sec. 5)
Essential allegations/
Contents of petition
Signed and verified either by the party for whose relief it is intended or by some person on his behalf, setting forth:
*The person in whose behalf whose the application is made is imprisoned or restrained of his liberty
*Name of the person detaining another or assumed appellation
*Place where he is imprisoned or restrained of his liberty
*Cause of detention, or allegation that there’s none (102.3)
Signed and verified and shall allege:
*The personal circumstances of the petitioner
*Name or appellation and circumstances of the respondent
*The right to life, liberty, and security violated or threatened with violation,
*The investigation conducted, if any, plus circumstances of each
*The actions and recourses taken by the petitioner
*Relief prayed for
*May include a general prayer for other just and equitable reliefs (RWA Sec. 5)
Verified and written petition shall contain:
*Personal circumstances of petitioner and respondent
*Manner the right to privacy is violated or threatened and its effects
*Actions and recourses taken by the petitioner to secure the data or information
*The location of the files, registers, or databases, the government office, and the person in charge or control
*The reliefs prayed for
*Such other relevant reliefs as are just and equitable (RWD Sec.
6) When proper Court or judge must, when a petition is presented and it appears
that it ought to issue, grant the same and then:
>the clerk of court (CoC) shall issue the writ under the seal of the court; or
>in case of emergency, the judge may issue the writ under his own hand, and may depute any officer or person to serve it (102.5)
Also proper to be issued when the court or judge has examined into the cause of restraint of the prisoner, and is satisfied that he is unlawfully imprisoned (102.5)
Upon the filing of the petition, the court, justice, or judge shall immediately order the issuance of the writ if on its face it ought to issue
>CoC shall issue the writ under the seal of the court; or
>In case of urgent necessity, the justice or the judge may issue the writ under his or her own hand,
…and may deputize any officer or person to serve it
Upon filing of the petition, the court, justice, or judge shall immediately order the issuance of the writ if on its face it ought to issue.
>CoC shall issue the writ under the seal of the court and cause it to be served within 3 days from issuance; or
>In case of urgent necessity, the justice or judge may issue the writ under his or her own hand, and may deputize any officer or person to serve it (RWD Sec. 7)
How and who serves
Writ may be served in any province by the (a) sheriff, (b) other proper officer, or (c) or person deputed by the court or judge Service is made by leaving the original with the person to whom it is directed and preserving a copy on which to make return of service (personal service)
If that person cannot be found, or has not the prisoner in his custody, service shall be made on any other person having or exercising such custody (substituted service)(102.7)
The writ shall be served upon the respondent
*by a judicial officer or
*by a person deputized by the court, justice or judge who shall retain a copy on which to make a return of service
In case the writ cannot be served personally on the respondent, the rules on substituted service shall apply
(so personally, but if di pede, substituted) (RWA Sec. 8)
The writ shall be served upon the respondent
*by a judicial officer or
*by a person deputized by the court, justice or judge who shall retain a copy on which to make a return of service
In case the writ cannot be served personally on the respondent, the rules on substituted service shall apply
(so personally, but if di pede, substituted) (RWD Sec. 9)
Respondent May or may not be an officer Respondent is a public official or employee or private individual or entity
A public official or employee
or a private individual or entity engaged in gathering, collecting or storing data
How executed and returned
The officer to whom the writ is directed shall convey the person so imprisoned or restrained before:
the judge allowing the writ,
or, in his absence or disability, before some other judge of the same court
Respondent files the return Respondent files the return
on the day specified in the writ,
unless person directed to be produced is sick or infirm, and cannot, without danger, be brought therein
officer shall then make due return of the writ, with the day and cause of the caption and restraint according to the command thereof (102.8)
When to file return
On the day specified on the writ Within 5 working days after service of the writ Same with WA
Contents of return
When the person to be produced is imprisoned or restrained by an officer the person who makes the return shall state, and in other cases the person in whose custody the prisoner is found shall state in writing to the court or judge before whom the writ is returnable:
*Truth of custody/power over the aggrieved
*If has custody or power, or under restraint, the authority and the cause thereof, with a copy of the writ, order, execution or other process, if any upon which the party is held;
*If the party is in his custody or power, and is not produced, particularly the nature and gravity of the sickness or infirmity
*If he has had the party in his custody or power, and has transferred such custody or restraint to another, particularly to whom, at what time, for what cause, and by what authority such transfer was made. (102.10)
Within 5 working days after service of the writ, the respondent shall file a verified written return together with supporting affidavits which shall, , contain:
*Lawful defenses
*The steps or actions taken to determine the fate or whereabouts of the aggrieved party
*All relevant information in the possession of the respondent pertaining to the threat, act or omission against the aggrieved party
*If the respondent is a public official or employee, the return shall further state acts:
>To verify identity of aggrieved party
>To recover and preserve evidence
>To identify and collect witness statements
>To determine cause, manner, location, and time of death or disappearance
>To identify and apprehend persons involved
>Bring suspected offenders before a competent court (RWA Sec.9)
*Lawful defenses such as national security, state secrets, privileged communications, confidentiality of the source of information of media etc.
*In case of respondent in charge, in possession or in control of the data or information subject of the petition:
>A disclosure of the data or information about the petitioner, the nature of such data or information, and the purpose for its collection
>The steps or actions taken by the respondent to ensure the security and confidentiality of the data or information
>The currency and accuracy of the data or information held
*Other allegations relevant to the resolution of the proceeding (RWD Sec.10)
Formalities of return
Return or statement shall be signed and sworn to by the person who makes it if the prisoner is not produced,
Unless the return is made and signed by a sworn public officer in his official capacity (102.11)
… the respondent shall file a verified written return together with supporting affidavits… (RWA Sec. 9)
Respondent shall file a verified written return together with supporting … (RWD Sec. 10)
Penalties For refusing to issue or serve
For faulty return
CoC who refuses to issue the writ after allowance and demand, Or a person to whom a writ is directed, who:
neglects/refuses to obey or make return of the same according to the command thereof,
or makes false return,
or upon demand made by or on behalf of the prisoner, refuses to deliver to the person demanding, within 6 hours a true copy of the warrant or order of commitment,
shall forfeit to the party aggrieved the sum of P1000, recoverable in a proper action, and may also be punished for contempt (102.16)
CoC who refuses to issue the writ after its allowance, or a deputized person who refuses to serve the same, shall be punished by the court, justice or judge for contempt without prejudice to other disciplinary actions (RWA Sec. 7) The court, justice, or judge may order the respondent who refuses to make a return, or who makes a false return, or any person who otherwise disobeys or resist a lawful process or order of the court to be punished for contempt
Contemnor may be imprisoned or imposed a fine (RWA Sec. 16)
COC who refuses to issue the writ after its allowance, or a deputized person who refuses to serve the same, shall be punished by the court, justice, or judge for contempt without prejudice to other disciplinary actions (RWD Sec. 8) The court, justice, or judge may punish with imprisonment or fine a respondent who commits contempt by:
Making a false return or Refusing to make a return; or
Any person who otherwise disobeys or resists a lawful process or order of the court (RWD Sec. 11)
Is period of return extendable?
No, not even on highly meritorious grounds. Yes, by the court, for justifiable reasons (RWD Sec. 10)
Is a general denial
Yes. No prohibition in Rule. No, by virtue if A.M. No. 07-9-12-SC No, by virtue of RWD Sec. 10, last sentence.
allowed?
Defenses not pleaded
If not raised in return deemed waived (RWA Sec 10) Effect of failure
to file return
Court or justice shall proceed to hear the petition ex parte (RWA
Court or justice shall proceed to hear the petition ex parte (RWA