Text of the provision
Sec. 5. When the writ must be granted and issued. — A court or judge authorized to grant the writ must, when a petition therefor is presented and it appears that the writ ought to issue, grant the same forthwith, and immediately thereupon the clerk of the court shall issue the writ under the seal of the court; or in case of emergency, the judge may issue the writ under his own hand, and may depute any officer or person to serve it.
Rules of Court, Rule 102, Section 5. 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 5 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
- Section 4 — When writ not allowed or discharge authorized.
- Section 6 — To whom writ directed, and what to require.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.