Posse comitatus or the conscription of ablebodied men

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Unformatted text preview: icated on the disappearance of a person, but on his illegal detention. It may not be used as a means of obtaining evidence on the whereabouts of a person, or as a means of finding out who has specifically abducted or caused the disappearance of a certain person. When forcible taking and disappearance – not arrest and detention – have been alleged, the proper remedy is not habeas ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 105 UST GOLDEN NOTES 2011 corpus proceedings, but criminal investigation and proceedings. Q: X was arrested by the military on the basis of a mission order issued by the Department of Defense. A petition for habeas corpus was filed. The writ was issued. Later an information for rebellion was filed against X. The military moved that the petition should be dismissed for having become moot and academic. Decide. A: The function of the special proceeding of habeas corpus is to inquire into the legality of one’s detention. Now that the detainee’s incarceration is by virtue of a judicial order in relation to criminal cases subsequently filed against them, the remedy of habeas corpus no longer lies. The writ has served its purpose. (Ilagan v. Enrile, G.R. No. 70748, Oct. 21, 1985) 1. Writ of Amparo Q: What is the Writ of Amparo? A: It is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ covers extralegal killings and enforced disappearances or threats thereof. (Rule on Writ of Amparo) Q: What are extralegal killings? A: Killings committed without due process of law, i.e., without legal s...
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