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Habeas corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.
Ex parte Merryman, 17 F. Cas. 144 (No. 9487), is a well-known and controversial U.S. federal court case that arose out of the American Civil War. It was a test of the authority of the President to suspend "the privilege of the writ of habeas corpus" under the Constitution's Suspension Clause, when Congress was in recess and therefore unavailable to do so itself. More generally, the case raised questions about the ability of the executive branch to decline enforcement of judicial decisions when the executive believes them to be erroneous and harmful to its own legal powers.
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In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's confinement under color of law. A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into those reasons or conditions. The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."
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Roberto Reyes Concepcion was the Chief Justice of the Supreme Court of the Philippines from June 17, 1966 until April 18, 1973. He is remembered in the history of the Philippine Supreme Court for protecting the independence of court, and for having fought decisions which would have legitimized the dictatorship of President Ferdinand Marcos. In recognition of his efforts against authoritarian rule, Concepcion's name was inscribed on the Wall of Remembrance at the Bantayog ng mga Bayani in 1994.
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Boumediene v. Bush, 553 U.S. 723 (2008), was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba. Guantánamo Bay is not formally part of the United States, and under the terms of the 1903 lease between the United States and Cuba, Cuba retained ultimate sovereignty over the territory, while the United States exercises complete jurisdiction and control. The case was consolidated with habeas petition Al Odah v. United States. It challenged the legality of Boumediene's detention at the United States Naval Station military base in Guantanamo Bay, Cuba as well as the constitutionality of the Military Commissions Act of 2006. Oral arguments on the combined cases were heard by the Supreme Court on December 5, 2007.
In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's detention under color of law. The Guantanamo Bay detention camp is a United States military prison located within Guantanamo Bay Naval Base. A persistent standard of indefinite detention without trial and incidents of torture led the operations of the Guantanamo Bay detention camp to be challenged internationally as an affront to international human rights, and challenged domestically as a violation of the Due Process Clause of the Fifth and Fourteenth amendments of the United States Constitution, including the right of petition for habeas corpus. In 19 February 2002, Guantanamo detainees petitioned in federal court for a writ of habeas corpus to review the legality of their detention.
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The Habeas Corpus Suspension Act, 12 Stat. 755 (1863), entitled An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases, was an Act of Congress that authorized the president of the United States to suspend the right of habeas corpus in response to the American Civil War and provided for the release of political prisoners. It began in the House of Representatives as an indemnity bill, introduced on December 5, 1862, releasing the president and his subordinates from any liability for having suspended habeas corpus without congressional approval. The Senate amended the House's bill, and the compromise reported out of the conference committee altered it to qualify the indemnity and to suspend habeas corpus on Congress's own authority. Abraham Lincoln signed the bill into law on March 3, 1863, and suspended habeas corpus under the authority it granted him six months later. The suspension was partially lifted with the issuance of Proclamation 148 by Andrew Johnson, and the Act became inoperative with the end of the Civil War. The exceptions to his Proclamation 148 were the States of Virginia, Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas, and Texas, the District of Columbia, and the Territories of New Mexico and Arizona.
Habeas corpus is a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. In the Bill of Rights of the Philippine constitution, habeas corpus is guaranteed in terms almost identically to those used in the U.S. Constitution. in Article 3, Section 15 of the Constitution of the Philippines states that "The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it".
Proclamation No. 216 was the 2017 proclamation of martial law and suspension of the privilege of the writ of habeas corpus in the whole of Mindanao, issued by Philippine President Rodrigo Duterte on May 23, 2017. The state of martial law ended with the third extension lapsing on December 31, 2019.
The judiciary of the Philippines consists of the Supreme Court, which is established in the Constitution, and three levels of lower courts, which are established through law by the Congress of the Philippines. The Supreme Court has expansive powers, able to overrule political and administrative decisions, and with the ability to craft rules and law without precedent. It further determines the rules of procedure for lower courts, and its members sit on electoral tribunals.
At 7:17 pm on September 23, 1972, President Ferdinand Marcos announced on television that he had placed the entirety of the Philippines under martial law. This marked the beginning of a 14-year period of one-man rule that would effectively last until Marcos was exiled from the country on February 25, 1986. Even though the formal document proclaiming martial law – Proclamation No. 1081, which was dated September 21, 1972 – was formally lifted on January 17, 1981, Marcos retained essentially all of his powers as dictator until he was ousted.
The Movement of Concerned Citizens for Civil Liberties (MCCCL) is an advocacy coalition in the Philippines which was first formed under the leadership of Jose W. Diokno in 1971, as a response to the suspension of the Writ of Habeas Corpus in the wake of the Plaza Miranda bombing. It became well known for the series of rallies which it organized from 1971–72, especially the most massive one on 21 September 1972, hours before the imposition of martial law by the Marcos dictatorship.
Ferdinand Marcos' second term as President of the Philippines began on December 30, 1969, as a result of his winning the 1969 Philippine presidential election nearly two months earlier on November 11, 1969. Marcos was the first and last president of the Third Philippine Republic to win a second full term. The end of Marcos' second term was supposed to be in December 1973, which would also have been the end of his presidency because the 1935 Constitution of the Philippines allowed him to have only two four-year terms. However, Marcos issued Proclamation 1081 in September 1972, placing the entirety of the Philippines under Martial Law and effectively extending his term indefinitely. He would only be removed from the presidency in 1986, as a result of the People Power Revolution.
Department of Homeland Security v. Thuraissigiam, 591 U.S. ___ (2020), was a United States Supreme Court case involving whether the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which limits habeas corpus judicial review of the decisions of immigration officers, violates the Suspension Clause of Article One of the U.S. Constitution. In the 7–2 opinion, the Court ruled that the law does not violate the Suspension Clause.
References
- ↑ "Habeas corpus definition and meaning | Collins English Dictionary". www.collinsdictionary.com. Retrieved 2018-12-16.
- ↑ "G.R. No. 2808".
- ↑ "G.R. No. L-33964".
- ↑ "G.R. No. L-33964".
- ↑ "G.R. No. L-35546".
- ↑ "G.R. No. L-61388".
- Bernas, Joaquin (2003). The 1987 Constitution of the Republic of the Philippines: a Commentary. Rex Book Store, Manila
- Cruz, Isagani A. (2000). Res Gestae: A Brief History of the Supreme Court. Rex Book Store, Manila
- Magsalin, Mariano (2004). Philippine Political Law, Arellano Law Foundation
- Mijares, Primitivo(1976). The Conjugal Dictatorship of Ferdinand and Imelda Marcos, Union Square Publications, San Francisco, U.S.A.