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All ▸ Bar 2024 ▸ REMEDIAL LAW, LEGAL AND JUDICIAL ETHICS ▸ VIII. LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES ▸ B. Code of Professional Responsibility and Accountability (A.M. No. 22-09-01-SC) ▸ D. Practical Exercises ▸ 5. Petition for Issuance of Writ of Habeas Corpus

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Question

D. Practical Exercises: Petition for Issuance of Writ of Habeas Corpus

Alice was taken into custody by the police without a valid warrant. She believes that her arrest is unlawful and that her constitutional right to liberty has been violated. As her lawyer, you are tasked to file a Petition for Issuance of Writ of Habeas Corpus on her behalf. Based on the given facts, answer the following questions:

  1. Identify the proper court where the Petition for Issuance of Writ of Habeas Corpus should be filed and explain the jurisdiction of the said court.
  2. What are the requirements for a Petition for Issuance of Writ of Habeas Corpus to be considered valid and sufficient?
  3. Discuss the legal grounds that can be invoked in seeking the issuance of a Writ of Habeas Corpus in this particular case.
  4. Explain the procedure that the court will undertake in evaluating the Petition for Issuance of Writ of Habeas Corpus.

Answer

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