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IN MATTER OF PETITION OF HABEAS CORPUS OF EUFEMIA E. RODRIGUEZ v. LUISA R. VILLANUEVA and TERESITA R. PABELLO

This case has been cited 1 times or more.

2010-06-29
PEREZ, J.
The most basic criterion for the issuance of the writ, therefore, is that the individual seeking such relief is illegally deprived of his freedom of movement or placed under some form of illegal restraint.  If an individual's liberty is restrained via some legal process, the writ of habeas corpus is unavailing.[18]  Fundamentally, in order to justify the grant of the writ of habeas corpus, the restraint of liberty must be in the nature of an illegal and involuntary deprivation of freedom of action.[19]