This case has been cited 2 times or more.
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2010-06-29 |
PEREZ, J. |
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| Essentially, a writ of habeas corpus applies to all cases of illegal confinement or detention by which any person is deprived of his liberty.[15] | |||||
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2003-01-28 |
CALLEJO, SR., J. |
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| As a general rule, the writ of habeas corpus will not issue where the person alleged to be restrained of his liberty in custody of an officer under a process issued by the court which jurisdiction to do so.[111] In exceptional circumstances, habeas corpus may be granted by the courts even when the person concerned is detained pursuant to a valid arrest or his voluntary surrender, for this writ of liberty is recognized as "the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action" due to "its ability to cut through barriers of form and procedural mazes."[112] Thus, in previous cases, we issued the writ where the deprivation of liberty, while initially valid under the law, had later become invalid,[113] and even though the persons praying for its issuance were not completely deprived of their liberty.[114] | |||||