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Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s /; Latin for "you [shall] have the body") is a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. In the Bill of Rights of the Philippine constitution, habeas corpus is guaranteed in terms almost identically to those used in the U.S. Constitution.
Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is an equitable remedy [2] by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine ...
In the Philippines, amparo and habeas data are prerogative writs to supplement the inefficacy of the writ of habeas corpus (Rule 102, Revised Rules of Court). Amparo means 'protection,' while habeas data is 'access to information.' [1] Both writs were conceived to solve the extensive Philippine extrajudicial killings and forced disappearances since 1999.
The writ of habeas corpus may be suspended in order to prevent any violence in cases of rebellion or insurrection, as the case may be. In Philippine jurisdiction, the present 1987 Philippine Constitution, Article III, Section 15 provides that “The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or ...
Entrance of the Court of Appeals. The Court of Appeals (CA) is the appellate court for civil and criminal cases not involving actions related to governing the country, and has original jurisdiction on issuance of writs of mandamus, prohibition, injunction, certiorari, habeas corpus and other auxiliary writs. [17]
The literal translation from Latin of habeas data is "[we command] you have the data," or "you [the data subject] have the data." [ 1 ] The remedy varies from country to country, but in general, it is designed to protect, by means of an individual complaint presented to a constitutional court , the data , image, privacy, honour, information ...
a right to habeas corpus; the right to a speedy trial; the right against self-incrimination; the right to political beliefs and aspirations; a prohibition against cruel, degrading, or inhuman punishment; protection providing for no imprisonment for debt; the right against double jeopardy; prohibition of ex post facto laws and bills of attainder.
The danger of invasion being imminent and the public safety so requiring, I, Jose P. Laurel, President of the Republic of the Philippines, pursuant to the authority conferred upon me by section 9, article II, of the Constitution, do hereby place the Philippines and all parts thereof under martial law and suspend the privileges of the writ of habeas corpus therein.