for the alleged misuse of Enrile’s Priority Development Assistance Fund, connected with the multibillion-peso pork barrel scam.
“While the writ is generally not available to a person whose liberty is under custody of an officer under process issued by a court or judge, when such custody becomes vexatious, capricious, and oppressive amounting to an infringement on the constitutional right to speedy trial of an accused, the writ of habeas corpus may be provisionally availed of,” the First Division ruled.
The SC, as second point, said the writ can be issued when there is a deprivation of a constitutional right “resulting in the restraint of a person.” As third point, the High Court also gave three grounds as to when the right to speedy trial has been violated. This includes “long period of time is allowed to elapse without the party having his or her case tried.”
The court added: “While such order is lawful, petitioner’s continued detention had become an undue restraint on her liberty due to the peculiar protracted proceedings attendant in the principal case.”
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