The writ of habeas corpus will not issue where the person alleged to be restrained of his liberty is charged with an offense in the Philippines.
Facts: In 1996, Lucien was deported and was barred from again entering the Philippines. In 1997, he was able to re-enter the country using an alias. He was subsequently caught by immigration agents and charged with violation of §45(d) of the Philippine Immigration Act for having entered the country illegally. He then filed a petition for habeas corpus.
Held: The writ of habeas corpus will not issue where the person alleged to be restrained of his liberty is charged with an offense in the Philippines. Lucien is charged with violation of §45(d) of the Philippine Immigration Act. He is now detained because of said charge and therefore his petition for release on a writ of habeas corpus is without merit. [Lucien Tran Van Nghia vs. Rodriguez, G.R. No. 139758, January 31, 2000]
