Law Summary

SECTION 1: Amendment to Section 529 of Act No. 190

• Explanation of Legal Provision: This section amends the existing provisions of Section 529 of Act No. 190, which provides a code of procedure in civil actions and special proceedings, specifically regarding the issuance of writs of habeas corpus.

• Key Definitions Introduced:

  • Habeas Corpus: A legal action or writ through which individuals can seek relief from unlawful detention.

• Important Requirements or Procedures Outlined:

  • The amendment specifies that the writ of habeas corpus shall not apply to:
    • Individuals convicted or charged with offenses in any part of the Philippines or the United States, who are to be surrendered to the executive power of the United States or any State.
    • Persons imprisoned under lawful judgment.
    • Military officers or soldiers detaining prisoners in certain provinces (Batangas, La Laguna, Tayabas, Samar, Cebu, Bohol, and unorganized territories).

• Relevant Timeframes, Deadlines, or Expiration Details:

  • Exemptions apply to prisoners held for:
    • Actions as a prisoner of war.
    • Military court commitments prior to October 1, 1901.
    • Arrests for violations of laws of war before October 15, 1901.
    • Violations committed in unpacified provinces and later captured in regions under civil control.

• Consequences:

  • Military officers or soldiers can provide a conclusive answer to a writ of habeas corpus based on the aforementioned criteria.

• Bullet Points:

  • Writ of habeas corpus not applicable for:
    • Convicted individuals awaiting surrender.
    • Persons imprisoned under lawful judgment.
    • Detentions by military officers in specified provinces.
  • Certification by a commanding general can excuse the production of a prisoner in organized provinces.
  • Guidelines for prisoners held for war-related violations or military court commitments.

SECTION 2: Expedited Passage

• Explanation of Legal Provision: This section states that the passage of the bill is expedited due to the public good, in accordance with prior legislative protocols.

• Bullet Points:

  • The urgency of enactment is recognized.
  • It follows procedures outlined in a previous act regarding law enactment order.

SECTION 3: Effectivity of the Act

• Explanation of Legal Provision: This section asserts that the act shall take effect immediately upon its passage.

• Bullet Points:

  • Immediate effectivity upon enactment.

Key Takeaways

• Act No. 272 significantly narrows the application of the writ of habeas corpus in the Philippines, specifically excluding certain categories of detainees, particularly those connected to military actions or legal proceedings prior to certain dates.
• The act emphasizes the authority of military officials in specific provinces and outlines clear exemptions for various groups of prisoners.
• It establishes a sense of urgency for the enactment of this amendment, reflecting the legislative body's intent to respond swiftly to public needs.