Read with care. Where the writ is sought over custody of a minor, a special rule now applies. A.M. No. 03-04-04-SC, the Rule on Custody of Minors and Writ of Habeas Corpus in Relation to Custody of Minors (effective May 15, 2003), governs petitions for custody of minors and habeas corpus in relation to such custody. The rule below remains the general rule for illegal confinement and detention.
Text of the provision
Sec. 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.
Rules of Court, Rule 102, Section 1. Reproduced verbatim and verified word-for-word against four independently published renderings of the Rules of Court — only text on which at least two independent publishers agree is shown.
About this section
This is Section 1 of Rule 102 (Habeas Corpus) of the Rules of Court of the Philippines — the Special Proceedings rules (Rules 72–109), in force since January 1, 1964. The text above is reproduced verbatim.
Related provisions
- See the full list of sections on the Rule 102 index.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.