Question & AnswerQ&A (Act No. 654)
The purpose of Act No. 654 is to provide for an appeal from the decision of a single judge in habeas corpus proceedings to the Supreme Court of the Philippine Islands.
An appeal may be taken from the judgment of the judge or court to the Supreme Court of the Philippine Islands by the prisoner if remanded, by the officer or person detaining the prisoner if the prisoner is ordered released, or by the party in interest or legal representatives depending on whether the detention is due to civil or criminal proceedings.
No. According to Section 2 of Act No. 654, the appeal does not vacate the order to remand and such order remains in full force until the Supreme Court decides the appeal.
The discharge is not effective until the officer or person detaining the prisoner has been notified and given the chance to appeal. If an appeal is taken, the order of release is suspended until the Supreme Court's final decision unless bail is posted.
The bail must be good and sufficient, secured by bond or recognizance with sufficient surety, in a reasonable sum based on the prisoner's circumstances and the offense nature, to ensure appearance before the Supreme Court and remand if the appeal is denied.
The appeal must be perfected by filing a statement of appeal with the clerk of the Court of First Instance or judge who granted the writ within 24 hours after the order granting or denying discharge has been made.
The original petition for the writ, the writ itself, the return, statements of the proceedings, the original order discharging or remanding the prisoner, all papers used during the hearing, and the orders and statements concerning the appeal must be transmitted, certified correct by the transmitting clerk or judge.
The Supreme Court must promptly hear and decide on the appeal; such appeals take precedence over other actions. The presence of the prisoner is not required unless on bail, and the Court may remand or release the prisoner based on the law and facts.
The Supreme Court will forfeit the bond or recognizance and order the prisoner remanded to custody. The sum due from forfeited bail is collected like in criminal cases.
No. Pursuing an appeal in habeas corpus does not delay or postpone the original action or proceeding that caused the detention.
The Supreme Court may dismiss the petition outright if no case is made, or it may issue the writ and direct the hearing before itself, one of its judges, or a judge of a Court of First Instance.
The prisoner shall be immediately released according to Section 3 and relevant procedural laws.