S.A 2020/21 B.E REMEDIAL LAW | Question #09
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| SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN REMEDIAL LAW #RemedialLaw #PreviousBarQuestions Code: S.A 2020/21 B.E REMEDIAL LAW | Question #09 |
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BAR QUESTION |
Inspired by the movie On The Job, the Superintendent of the New Bilibid Prison, without any court order, transferred 10 persons deprived of liberty to an agricultural farm in Davao del Norte to plant camote.
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Two of these 10 persons deprived of liberty found a way to approach you and suggested that you file a petition for the writ of habeas corpus on their behalf.
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The persons deprived of liberty added that they had no family in Davao and that their families had no means to visit them there.
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Is a petition for the writ of habeas corpus the proper remedy for their case? Explain briefly.
SUGGESTED ANSWER |
No, a petition for the issuance of a writ of habeas corpus is not the proper remedy.
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Although such transfer of persons deprived of liberty to the custody of another can only be done by legal process or by order of the proper court or judge for trial, the proper remedy is not habeas corpus, but to make the person who signed the order for such removal liable to the persons deprived of liberty in the amount of P1,000.00, to be recovered in the proper action. (Rule 102, Sec. 18)
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ALTERNATIVE ANSWER:
No, a petition for the issuance of a writ of habeas corpus is not proper remedy since their deprivation of liberty is lawful.
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The persons are serving their sentence by virtue of a valid final judgment.
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