How the SC ruling on Gigi Reyes' release changes the game on habeas corpus

on Thursday, January 19, after the SC ruled in her favor and granted her the privilege of writ of habeas corpus. The ruling created a new form of the writ of habeas corpus that can be invoked by other petitioners.

Reyes also pointed out she had filed various petitions before the High Court for her release on multiple grounds but none was granted. She therefore invoked the writ of habeas corpus.Trial only commenced on March 3, 2022, even though the charge was already filed as early as June 5, 2014 An accused can also invoke the writ when his/her custody “became illegal due to the grave abuse of his or her constitutional rights.” The court also gave at least four points as to why this privilege was granted on the ground of violation of the constitutional right to speedy trial:There is a deprivation of a constitutional right “resulting in the restraint of a person”

Lawyer Theodore “Ted” Te, former SC spokesperson, said the High Court’s ruling on granting the writ also “widened the space and opportunities” for others similarly accused, especially those whose bail is discretionary and “whose rights to speedy trial are violated.”Similar, but not exactly bail The ruling did not only create new rules on who can avail of the writ, but also demonstrated the other uses of the legal remedy. Because of the decision, a new way for temporary release became available. The “interim” writ of habeas corpus – as Te calls it – is similar, but not exactly like bail, the human rights lawyer explained.

In this instance, the Guidelines issued suggest that the Rule on HC are deemed modified. So there is now effectively a range of HC writs that may be availed of: 1) pre-charge , 2) post-conviction , and 3) interim .Still on the SC ruling on Reyes, Te pointed out that other detainees like former senator Leila de Lima can ask the SC for her temporary liberty: “Since the January 17, 2023 Resolution in GR No.

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