Habeas corpus tests the legality of a person's confinement. Rule 102 of the Rules of Court governs the petition.
When a person is unlawfully restrained of liberty; not a substitute for appeal of a valid judgment in ordinary course.
Supreme Court, Court of Appeals, or RTC as Rule 102 provides.
Verified petition stating the restraint and why illegal; court may issue the writ returnable forthwith.
Last reviewed November 9, 2026. Laws, rules and Bar Bulletins change; if a source above has been amended or superseded, the official text controls.
Different writs under the Rule on the Writ of Amparo / Habeas Data — pick the correct remedy.
Contact counsel/court immediately; this page is informational.
Research aid only.
A.M. No. 08-8-7-SC small claims filing steps, venue, forms and final judgment.
SENA, RAB venue, position paper and 10-day appeal under Labor Code Art. 229.
Family Code Arts. 35–38, 36, 45–47: void vs voidable marriages and filing periods.
