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    Sample Pleading

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    anjo_david
    The petitioner filed a petition with the Supreme Court seeking a writ of habeas corpus. The petitioner alleges that he was detained by the Chief of Police without a warrant or criminal charges for over [NUMBER] days. The petitioner argues this detention is illegal and that all other legal remedies have been exhausted. The petitioner requests that the Supreme Court issue a writ of habeas corpus compelling the Chief of Police to produce the petitioner in court and justify the detention, and order the petitioner's release if detention is found to be unlawful.

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    Sample Pleading

    Uploaded by

    anjo_david
    25K views3 pages
    The petitioner filed a petition with the Supreme Court seeking a writ of habeas corpus. The petitioner alleges that he was detained by the Chief of Police without a warrant or criminal charges for over [NUMBER] days. The petitioner argues this detention is illegal and that all other legal remedies have been exhausted. The petitioner requests that the Supreme Court issue a writ of habeas corpus compelling the Chief of Police to produce the petitioner in court and justify the detention, and order the petitioner's release if detention is found to be unlawful.

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    sample pleading

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    The petitioner filed a petition with the Supreme Court seeking a writ of habeas corpus. The petitioner alleges that he was detained by the Chief of Police without a warrant or criminal charges for over [NUMBER] days. The petitioner argues this detention is illegal and that all other legal remedies have been exhausted. The petitioner requests that the Supreme Court issue a writ of habeas corpus compelling the Chief of Police to produce the petitioner in court and justify the detention, and order the petitioner's release if detention is found to be unlawful.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    25K views3 pages

    Sample Pleading

    Uploaded by

    anjo_david
    The petitioner filed a petition with the Supreme Court seeking a writ of habeas corpus. The petitioner alleges that he was detained by the Chief of Police without a warrant or criminal charges for over [NUMBER] days. The petitioner argues this detention is illegal and that all other legal remedies have been exhausted. The petitioner requests that the Supreme Court issue a writ of habeas corpus compelling the Chief of Police to produce the petitioner in court and justify the detention, and order the petitioner's release if detention is found to be unlawful.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
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    Republic of the Philippines

    SUPREME COURT
    Manila

    ______________________,
    Plaintiff-Appellant,
    G.R. No. _____________
    - versus -
    (Designation of the Pleading)
    ______________________,
    Defendant-Appellee,
    x-----------------x
    PETITION

    COMES NOW the Petitioner, by the undersigned attorney, and unto this

    Honorable Court, respectfully avers:

    1. That petitioner _____________ is of legal age, married and a resident of

    _____________, Philippines, while respondent is also of legal age and may be

    served with summons, writs and all orders of the Honorable Court at his office

    address at _____________, Philippines;

    2. That the petitioner, _____________, in whose behalf this application is being

    made, is actually restrained of his liberty by the respondent _____________ who

    is the Chief of Police of _____________ at the _____________ Police Station;

    3. That sometime in the morning of _____________, petitioner was taken into

    custody by the said respondent without a warrant of arrest and detained at the

    _____________ Police Station without any criminal charges being filed against

    him before the proper judicial authorities despite the lapse of ________ (______).

    Moreover, petitioner was taken by the respondent not under any of the

    circumstances where a warrantless arrest is allowed by the law or the Rules of

    Court;
    4. That such restraint of liberty of the petitioner by the respondent is therefore

    without any legal authority;

    5. That the petitioner through counsel has exhausted all efforts available at law but

    to no avail, and that he has no other plain, speedy, and adequate remedy to

    protect his personal rights and secure his personal liberty except by his

    application for a Writ of Habeas Corpus.

    PRAYER

    WHEREFORE, petitioner most respectfully prays that a Writ of Habeas Corpus

    be issued by this Honorable Court, directed to the respondent _____________

    commanding the latter to produce the body of _____________ before this Court at the

    time and place therein specified, and to summon the respondent _____________ then and

    there to appear and to show cause of the detention of said _____________; and that after

    due proceedings, the said _____________ be restored of his liberty and forthwith

    discharged from confinement .

    _____________, Philippines, __Date__.

    (COUNSEL)

    VERIFICATION AND CERTIFICATION

    REPUBLIC OF THE PHILIPPINES)


    Province of ____________________) S.S.
    City/Municipality of _____________)
    x-----------------------x

    I, _____________, of legal age, Filipino, (single / married / widow), and a


    resident of _____________, Philippines, after being sworn in accordance with law,
    hereby depose and say:
    That I am the (Plaintiff / Complainant / Petitioner) in the above-entitled case; That
    I have caused the preparation of the above (Complaint / Petition) and I have read the
    same and knows the contents thereof; That the allegations contained therein are true and
    correct of my own personal knowledge.

    That I further certify that: (a) I have not theretofore commenced any other action or
    proceeding or filed any claim involving the same issues or matter in any court, tribunal, or
    quasi-judicial agency and, to the best of my knowledge, no such action or proceeding is
    pending therein; (c) if I should thereafter learn that the same or similar action or proceeding
    has been filed or is pending before the Supreme Court, the Court of Appeals, or any other
    tribunal or quasi-judicial agency, I undertake to report such fact within five (5) days
    therefrom to the court or agency wherein the original pleading and sworn certification
    contemplated herein have been filed.

    IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at


    _____________, Philippines.

    AFFIANT

    SUBSCRIBED AND SWORN to before me, this _____________, by


    _____________ who exhibited to me (his/her) Community Tax Certificate No.
    _____________ issued at _____________, Philippines on _____________.

    NOTARY PUBLIC

    Doc. No. ______;


    Page No. ______;
    Book No. ______;
    Series of ______;

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