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    14 Boratong V de Lima

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    MOISES JOSHUA BAUTISTA
    This case involved a petition for writ of habeas corpus filed on behalf of inmates who were transferred to a temporary detention facility due to intelligence reports of illegal activities in the main prison. The Supreme Court denied the petition, finding that the inmates' liberty was already restricted through a valid legal conviction and detention. While detention incommunicado would violate the constitution, the petitioners failed to substantiate their claim and certain facts showed the inmates were allowed access to counsel and family. The court found no compelling reason to issue the writ in this case.

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    14 Boratong V de Lima

    Uploaded by

    MOISES JOSHUA BAUTISTA
    307 views2 pages
    This case involved a petition for writ of habeas corpus filed on behalf of inmates who were transferred to a temporary detention facility due to intelligence reports of illegal activities in the main prison. The Supreme Court denied the petition, finding that the inmates' liberty was already restricted through a valid legal conviction and detention. While detention incommunicado would violate the constitution, the petitioners failed to substantiate their claim and certain facts showed the inmates were allowed access to counsel and family. The court found no compelling reason to issue the writ in this case.

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    14 Boratong v De Lima

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    This case involved a petition for writ of habeas corpus filed on behalf of inmates who were transferred to a temporary detention facility due to intelligence reports of illegal activities in the main prison. The Supreme Court denied the petition, finding that the inmates' liberty was already restricted through a valid legal conviction and detention. While detention incommunicado would violate the constitution, the petitioners failed to substantiate their claim and certain facts showed the inmates were allowed access to counsel and family. The court found no compelling reason to issue the writ in this case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    307 views2 pages

    14 Boratong V de Lima

    Uploaded by

    MOISES JOSHUA BAUTISTA
    This case involved a petition for writ of habeas corpus filed on behalf of inmates who were transferred to a temporary detention facility due to intelligence reports of illegal activities in the main prison. The Supreme Court denied the petition, finding that the inmates' liberty was already restricted through a valid legal conviction and detention. While detention incommunicado would violate the constitution, the petitioners failed to substantiate their claim and certain facts showed the inmates were allowed access to counsel and family. The court found no compelling reason to issue the writ in this case.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 2

    Political Law

    In the Matter of the Petition of Habeas Corpus/Data and Amparo in favor of


    Amin Inam Boratong et. al. v. Hon. Leila De Lima et. al.

    GR No. 215585/ 215768, September 8, 2020, SECOND DIVISION (Leonen, J.)

    DOCTRINE: Mere allegation of a violation of one's constitutional right is not enough


    for the Court to issue a writ of Habeas Corpus. The violation of constitutional right
    must be sufficient to void the entire proceedings. There is no compelling reason in the
    case.

    Facts: A Memorandum, captioned "SECRET," by then Secretary Leila M. De Lima


    (Secretary De Lima) directed then Bureau of Corrections and National Bureau of
    Investigation to transfer nineteen (19) inmates from the New Bilibid Prison to a
    temporary NBP Extension facility. This activity was conducted as a result of
    intelligence reports investigating the alleged conduct of illegal activities including
    operations of narcotics trade by some inmates inside the New Bilibid Prison.
    Authorities conducted a surprise raid on the living quarters of inmates of the New
    Bilibid Prison classified as High Profile rendering several illegal and contraband items.
    Memie Sultan Boratong, the wife of inmate Amin Imam Boratong, filed a Petition for
    Writ of Habeas Corpus.

    Issue: Should the Court issue the Writ of Habeas Corpus?

    Ruling: No. The most basic criterion for the issuance of the writ is that the individual
    seeking such relief be illegally deprived of his freedom of movement or placed under
    some form of illegal restraint. If an individual's liberty is restrained via some legal
    process, the writ of habeas corpus is unavailing. Here, Amin Imam Boratong has
    already been deprived of his liberty through a valid legal process by a court of
    competent jurisdiction, that is, his conviction in 2006. When he was transferred to the
    New Bilibid Prisons Extension Facility, however, Boratong's counsels alleged that he
    was kept incommunicado. Detention incommunicado, regardless of whether the
    detention was by virtue of a valid legal process, is specifically prohibited by Article III,
    Section 12 of the Constitution. Petitioners' allegations, if proven, are sufficient to
    clothe the party with standing to file an application for a writ of habeas corpus,
    provided that they invoke a violation of a fundamental right granted to all citizens,
    regardless of whether they are incarcerated or not. However, petitioners failed to

    1
    Political Law

    substantiate their claim of Detention incommunicado, their allegations were upended


    by certain facts such as the allowance of access to counsels and immediate family of
    the inmates within reasonable guidelines.

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