G.R. No. 182497 - NURHIDA JUHURI AMPATUAN, VS. JUDGE VIRGILIO V. MACARAIG, REGIONAL TRIAL COURT, MANILA, BRANCH 37, DIRECTOR GENERAL AVELINO RAZON, JR., DIRECTOR GEARY BARIAS, PSSUPT. CO YEE M. CO, JR. AND POLICE CHIEF INSPECTOR AGAPITO QUIMSON.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the petition for habeas corpus is hereby DISMISSED. [13] Distressed, petitioner is now before this Court via a Petition for Certiorari under Rule 65 of the Rules of Court to question the validity of the RTC Order dated 25 April 2008. The issues are: I. THE RESPONDENT COURT GRAVELY ABUSED ITS DISCRETION WHEN IT FAILED TO CONSIDER THAT THE ARREST AND DETENTION OF PO1 BASSER B. AMPATUAN WAS MADE WITHOUT ANY WARRANT AND THEREFORE, ILLEGAL; II. THE RESPONDENT COURT GRAVELY ABUSED ITS DISCRETION WHEN IT CONCEDED THE AUTHORITY OF RESPONDENT AVELINO RAZON, JR. UNDER SEC. 52, PAR. 4, R.A. 8551 TO PLACE AMPATUAN UNDER RESTRICTIVE CUSTODY FOR ADMINISTRATIVE PROCEEDINGS; III. THE RESPONDENT COURT GRAVELY ABUSED ITS DISCRETION WHEN IT SHIRKED FROM ITS JUDICIAL DUTY TO ORDER THE RELEASE OF PO1 AMPATUAN FROM THE CUSTODY OF RESPONDENTS MAMANG PULIS. [14] 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] Rule 102 of the 1997 Rules of Court sets forth the procedure to be followed in the issuance of the writ. The Rule provides: RULE 102 HABEAS CORPUS SECTION 1. To what habeas corpus extends . - Except as otherwise expressly provided by law, the writ of habeas corpus shall extend to all cases 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. SEC 2. Who may grant the writ . - The writ of habeas corpus may be granted by the Supreme Court, or any member thereof, on any day and at any time, or by the Court of Appeals or any member thereof in the instances authorized by law, and if so granted it shall be enforceable anywhere in the Philippines, and may be made returnable before the court or any member thereof, or before a Court of First Instance, or any judge thereof for hearing and decision on the merits. It may also be granted by a Court of First Instance, or a judge thereof, on any day and at any time, and returnable before himself, enforceable only within his judicial district. x x x x SEC. 4. When writ not allowed or discharge authorized . - If it appears that the person alleged to be restrained of his liberty is in the custody of an officer under process issued by a court or judge or by virtue of a judgment or order of a court of record, and that the court or judge had jurisdiction to issue the process, render the judgment, or make the order, the writ shall not be allowed; or if the jurisdiction appears after the writ is allowed, the person shall not be discharged by reason of any informality or defect in the process, judgment, or order. Nor shall anything in this rule be held to authorize the discharge of a person charged with or convicted of an offense in the Philippines, or of a person suffering imprisonment under lawful judgment. The objective of the writ is to determine whether the confinement or detention is