This case has been cited 3 times or more.
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2009-08-07 |
CORONA, J. |
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| A writ of habeas corpus extends to all cases of illegal confinement or detention or by which the rightful custody of person is withheld from the one entitled thereto.[35] Respondent, as the judicial guardian of Lulu, was duty-bound to care for and protect her ward. For her to perform her obligation, respondent must have custody of Lulu. Thus, she was entitled to a writ of habeas corpus after she was unduly deprived of the custody of her ward.[36] | |||||
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2008-01-29 |
CORONA, J. |
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| The writ of habeas corpus extends to all cases of illegal confinement or detention by which any person is deprived of his liberty or by which the rightful custody of a person is being withheld from the one entitled thereto.[10] It is issued when one is either deprived of liberty or is wrongfully being prevented from exercising legal custody over another person.[11] Thus, it contemplates two instances: (1) deprivation of a person's liberty either through illegal confinement or through detention and (2) withholding of the custody of any person from someone entitled to such custody. | |||||
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2005-08-25 |
CARPIO, J. |
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| Nonetheless, case law has expanded the writ's application to circumstances where there is deprivation of a person's constitutional rights. The writ is available where a person continues to be unlawfully denied of one or more of his constitutional freedoms, where there is denial of due process, where the restraints are not merely involuntary but are also unnecessary, and where a deprivation of freedom originally valid has later become arbitrary.[12] | |||||