This case has been cited 2 times or more.
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2007-08-03 |
TINGA, J. |
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| A petition for the issuance of a writ of habeas corpus is a special proceeding governed by Rule 102 of the Revised Rules of Court. The objective of the writ is to determine whether the confinement or detention is valid or lawful. If it is, the writ cannot be issued.[29] What is to be inquired into is the legality of his detention as of, at the earliest, the filing of the application for the writ of habeas corpus, for even if the detention is at its inception illegal, it may, by reason of some supervening events, such as the instances mentioned in Sec. 4 of Rule 102, be no longer illegal at the time of the filing of the application.[30] Section 4, Rule 102 provides:SEC. 4. When writ not allowed or discharge authorized. -If it appears that the person to be restrained of his liberty is in the custody of an officer under process issued by a court or judge or by virtue of a judgment or order of a court of record, and that court or judge had jurisdiction to issue the process, render the judgment, or make the order, the writ shall not be allowed; or if the jurisdiction appears after the writ is allowed, the person shall not be discharged by reason of any informality or defect in the process, judgment, or order. Nor shall anything in this rule be held to authorize the discharge of a person charged with or convicted of an offense in the Philippines, or of a person suffering imprisonment under lawful judgment. Thus, once a person detained is duly charged in court, he may no longer question his detention through a petition for issuance of a writ of habeas corpus. His remedy would be to quash the information and/or the warrant of arrest duly issued. The writ of habeas corpus should not be allowed after the party sought to be released had been charged before any court. The term "court" includes quasi-judicial bodies or governmental agencies authorized to order the person's confinement,[31] like the Deportation Board of the Bureau of Immigration.[32] | |||||
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2005-05-16 |
CHICO-NAZARIO, J. |
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| Applying the foregoing, Fernandez's motion for new trial was filed out of time. The fifteen (15)-day period for filing a motion for new trial cannot be extended. As early as the case of Habaluyas v. Japzon,[44] cited in Naguiat v. Intermediate Appellate Court,[46] and reiterated in Tung Chin Hui v. Rodriguez,[47] motions for extension of time to file a motion for new trial or reconsideration may no longer be filed before all courts, lower than the Supreme Court. The rule in Habaluyas applies even if the motion is filed before the expiration of the period sought to be extended because the fifteen (15) days period for filing a motion for new trial or reconsideration with said court is non-extendible. Thus, motions for extension of time to file a motion for new trial or reconsideration may be filed only in connection with cases pending before the Supreme Court, which may in its sound discretion either grant or deny the extension requested. No such motion may be filed before any lower courts.[48] | |||||