Release of prisoners pending appeal from orders of discharge issued by lower courts in habeas corpus petitions
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ID: 286458
2018
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Abstract
The writ of habeas corpus is described as a highly prerogative writ and has been traditionally considered as an exceptional remedy to release a person whose liberty is illegally restrained1. Arguably, there could be no better manifestation of the premium that the State puts on personal liberty than the availability of the writ of habeas corpus even to convicts or prisoners. The writ of habeas corpus may be availed of by prisoners as a post-conviction remedy either to collaterally attack the judgments of conviction against them or to question the duration of their confinement taking into consideration good conduct time allowances, colonist status, pardon, and commutation of sentences.
In either case even if the prisoner is able to secure an order of discharge from the lower court in a habeas corpus petition, he or she is not entitled to immediate release by virtue of Rule 102, Sec.15 of the Rules of Court which prohibits discharge of the prisoner if the custodian or the government appeals from the order of discharge. Thus, there is a dilemma between continued custody or release pending appeal in orders of discharge issued by the lower courts in habeas corpus petitions – both of which seem problematic on various legal grounds.
This work addresses this dilemma and offers a solution that tries to ensure efficacy of the appeal and at the same time would preserve the value of the writ of habeas corpus as an adequate and immediate remedy for unlawful confinement.
This work’s main thesis is that the stay of execution of the order of discharge pending appeal is in effect a suspension of the privilege of the writ of habeas corpus which under the Constitution may only be suspended on two exclusive grounds namely: invasion and rebellion. Moreover, to hold that an appeal from the order of discharge in habeas corpus petitions operates as a stay in execution of such discharge would degrade the value of the writ of habeas corpus as an immediate and summary remedy against unlawful detention since it perpetuates the continued detention of the prisoner which is the very thing sought to be prevented by the writ of habeas corpus.
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| Authors | Reago, Nigel Carmelo Q. |
| Journal | Malay Journal |
| Year | 2018 |
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| Keywords | Keywords not found |
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