CASE DIGEST
FACTS: A directive was issued
to all Major Service Commanders to take into custody the military personnel
under their command who took part in the Oakwood incident. Petitioners filed a
petition for habeas corpus with SC. The SC issued a resolution, which required
respondents to make a return of the writ and to appear and produce the persons
of the detainees before the CA. CA dismissed the petition because the detainees
are already charged of coup d’etat. Habeas corpus is unavailing in this case as
the detainees’ confinement is under a valid indictment.
ISSUE: What is the objective
of the writ of habeas corpus?
HELD: The duty to hear the
petition for habeas corpus necessarily includes the determination of the
propriety of the remedy. The remedy of habeas corpus has one objective: to
inquire into the cause of detention of a person. The purpose of the writ is to
determine whether a person is being illegally deprived of his liberty. If the
inquiry reveals that the detention is illegal, the court orders the release of
the person. If, however, the detention is proven lawful, then the habeas corpus
proceedings terminate. The use of habeas corpus is thus very limited. It is not
a writ of error. Neither can it substitute for an appeal.
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