This case has been cited 1 times or more.
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2008-01-29 |
CORONA, J. |
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| While habeas corpus is a writ of right, it will not issue as a matter of course or as a mere perfunctory operation on the filing of the petition.[17] Judicial discretion is called for in its issuance and it must be clear to the judge to whom the petition is presented that, prima facie, the petitioner is entitled to the writ.[18] It is only if the court is satisfied that a person is being unlawfully restrained of his liberty will the petition for habeas corpus be granted.[19] If the respondents are not detaining or restraining the applicant or the person in whose behalf the petition is filed, the petition should be dismissed.[20] | |||||