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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

A 26-year-old student is detained by city police at a campus security post following a dawn raid on a peaceful protest. He has been held for 60 hours without a warrant, without being informed of the grounds for detention, and without access to counsel. A classmate files a petition for a writ of habeas corpus on his behalf, seeking production before the trial court and, if detention is illegal, immediate release. Which of the following statements best describes the controlling doctrine and essential elements of habeas corpus, who may file, and the proper relief when detention is unlawful under Rule 102?

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Rule 102's writ of habeas corpus is the remedy to test the legality of detention; it directs the detaining authority to produce the detainee before the court and, if detention is illegal, to order the detainee's release; the petition may be filed by the detainee or by any person in his behalf; the court's inquiry is limited to whether the detention is lawful on the face of the record and the grounds for detention; the detainee has the right to counsel. The court's inquiry may examine the underlying merits of the detention grounds and even the detainee's guilt; the writ can be used to overturn an investigation that has grounds but the court would be reviewing the charges. The petition must be filed in the Court of Appeals or Supreme Court for the writ to issue. Habeas corpus cannot be invoked to challenge detentions arising from quarantine measures by a public health officer; in such cases, the remedy is amparo.

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