This case has been cited 2 times or more.
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2013-07-17 |
BERSAMIN, J. |
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| The object of the writ of habeas corpusis to inquire into the legality of the detention, and, if the detention is found to be illegal, to require the release of the detainee. Equally well-settled however, is that the writ will not issue where the person in whose behalf the writ is sought is out on bail, or is in the custody of an officer under process issued by a court or judge with jurisdiction or by virtue of a judgment or order of a court of record.[12] | |||||
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2006-04-19 |
AZCUNA, J. |
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| Under Section 1, Rule 102 of the Rules of Court, the writ of habeas corpus extends to "all case of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person entitled thereto." The remedy of habeas corpus has one objective: to inquire into the cause of detention of a person,[3] and if found illegal, the court orders the release of the detainee.[4] If, however, the detention is proven lawful, then the habeas corpus proceedings terminate.[5] | |||||