Friday, July 24, 2009

Relief without Application

In Angeles v. Director of New Bilibid Prison, we held that the formalities required for petitions for habeas corpus shall be construed liberally. The petition for the writ is required to be verified but the defect in form is not fatal. Indeed, in the landmark case of Villavicencio v. Lukban, this Court declared that it is the duty of a court to issue the writ if there is evidence that a person is unjustly restrained of his liberty within its jurisdiction even if there is no application therefor. (Fletcher v. Director of Bureau of Corrections, UDK-14071, July 17, 2009)

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