Natures and Functions ofthe Writs Exhaustion of Remedies Writ of Habeas Cor special roceeding May be availed of in case of ‘illegal confinement or the ghtful custody of any person is withheld from the person entiled thereto. Asa rule, he wts may notbe avaled off course ofan. However, an EXCEPTION is to warrant some courts denominats it 2§ a special proceeding may be avaled in case of vcltons or threats cf violations ofthe consttutonal right to if, iberty and seourty jes an avaiable remedy inthe ordinary ven theres an exceptional cieumstance obhense, Coverage of Rights Right to ibe Rightto life, lve and secuLocus Standi The ordinary ules on locus standi does not apply o both habeas corpus and amparo uihich are governed by the liberal rules. may be instituted by the party whose relief itis intended or by any person on tis beta; may be inthe nature of class suit may be instituted by the aggrieved party orby any qualified person or entity inthe following order: Jurisprudence shows that the folowing may file @ petition fr habeas corpus: a) _immeciate relatives; b) board mate; ¢} sweetheart d) fiancée; e} commonaw spouse a) any member of the immediate family, namely the spouse, children and parents of the aggrieved party ‘any ascendant, descendant or collateral relative of the ‘aggrieved party within the 4th civil degree of consanguinity or affinity, in defaut of those mentioned in the preceding paragragh c) any —concemed — citzen, organization, association or insttution, if there is no known member of the immediate family or relative of the aggrieved arty |“The petition should allege thet 1. The person in whose Behalf the action is oe 2. The officer or name of tho percon Gataining hirsiner it known, oF unknown he'she may be descrbed by an assumed Qppellation and the porson is served with tho wrt chal bo eemed’ the person 3. The place where the person is detained 4. Copy of the commament or the cause of hie detention. # «can be procured without Impauring the effcseney of the remedy: OF the detention fs without any legal authority. ‘Such fect shall apposr, “The potition should aver the # 1. The personal circumstances of Positioner 2. Tho name and personal crcumatancos: ‘Of ‘the respondent rerponcible for te: Woreat, actor omission. or if the name i= ‘unknown oF uncertain, the respondent may. bo dosenbed by an’ apeumod ‘Spaaitation 3. The right to ile: liberty and security of the “agpnieved party violated "or ‘throatoned wih violation by unlawhul act or omission af the tespondent. and how ‘such threat of vision ie commities with he stonaant Srcumstonoss cataied im ‘supporting amaavite “The investigation conductes, it any, Specifying the names, pemonal Sroumstances "and “adsresses’ of the invoatgabng authonty or maieausle, 28 investigaban together with any report ‘G. The actions and secources taken by the petiloner 9 delormine the fate or whereabouts of the aggneved party and the identity of the person responsible for the thrant. act. oF omission ame the relict prayed fer ‘Both petitions must De verified in order to assure that the allegations are true. and correct and not ine offshoot af speculation oF imagination and ihat me pleading 2 fled in good| fain or is the consequence of a lagiimais grevance er indignation that demands redress