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NURHIDA JUHURI AMPATUAN v. JUDGE VIRGILIO V. MACARAIG

This case has been cited 1 times or more.

2010-10-19
NACHURA, J.
In the recent Nurhida Juhuri Ampatuan v. Judge Virgilio V. Macaraig, RTC, Manila, Branch 37, Director General Avelino Razon, Jr., Director Geary Barias, PSSupt. Co Yee M. Co, Jr., and Police Chief Inspector Agapito Quimson,[16] we intoned: 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 place under some form of illegal restraint. If an individual's liberty is restrainted via some legal process, the writ of habeas corpus is unavailing. 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.