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COMPARISON TABLE: WRITS OF HABEAS CORPUS, HABEAS DATA, AND KALIKASAN

Writ of Habeas Corpus


When
suspended;
process

1)

2)
3)

4)

Writ of Amparo

Writ of Habeas Data


(AM 08-1-16-SC, 2008)

When available:
1) Any person whose right to LLS (life, liberty,
security) is violated/threatened
a) Including extralegal killings, enforced
disappearances, threats thereof
2) By an unlawful A/O
3) Of a
a) POE, or
b) Private individual/entity (1)

When available:
4) Any person whose right to LLS (life, liberty,
security) is violated/threatened
5) By an unlawful A/O
6) Of a * engaged in the GCS (gathering,
collecting, storing of data/info)
a) POE, or
b) Private individual/entity
7) Data/info about the PFHC (person, family,
home, correspondence) of the aggrieved
party (1)

Writ of Kalikasan

When it may be suspended:


a) Invasion/Rebellion, AND
b) When public safety requires it
(1987.3.15)
Period: not > 60d
To whom it applies: those JUDICIALLY charged
with
a) Rebellion
b) Offenses inherent in/directly connected
with invasion
Process (1987.7.18)
PRESIDENT SUSPENDS
PRIVILEGE
Effect: persons
arrested/detained can
be kept 3d

Must be charged w/in


said pd/; o/w, release!

SUBMIT REPORT TO
CONGRESS (48h)
Either in person or in
writing

Not in session: must


convene w/in 24h, w/o
call

CONGRESS VOTES
JOINTLY (maj - ALL)

NOT REVOKE

Extendible at Pres/
initiative

Same process; Public


Safety

REVOKE

Can't be set aside by


Pres

Reviewable by SC;
decide w/in 30d

When available

All ILLEGAL confinement/detention cases by which:


1) Any person is deprived of his liberty, OR
2) Rightful custody of any person is withheld
from the person entitled. (102.1)
NOT allowed for:
1) Restraint under legal process
a) Under court of record/s order/judgment
b) Court/judge has jurisdiction to issue
process/render judgment
c) Even if there is an informality/defect in
the process/order/judgment in cases
where jd appears after the writ is
allowed
i) Ex. Charged/convicted in the PH and

Who may file:


IN THIS ORDER
1) Any member of the immediate family (spouse,
children, parents) of the aggrieved party

Who may file:


1) Any aggrieved party

KIM G. ESPINA

COMPARISON TABLE: WRITS OF HABEAS CORPUS, HABEAS DATA, AND KALIKASAN


Writ of Habeas Corpus

2)

Jurisdiction

1)

imprisoned under lawful judgment


(102.4)
Warrant of commitment already issued on the
basis of the information
a) If publishable by death (plainly and
specifically charged in the warrant): no
release, discharge, bail
b) If not: CT/judges discretion
i) Requisites for bail: BOND! (o/w,
recommitted)
(1) Amount: based on what is
reasonable
under
the
circumstances, offense charged
ii) Conditioned on:
(1) Appearance before the proper
court, and
(2) Abiding by its orders/judgment
(a) Court
certifies
the
bond/proceedings to the
proper court (102.14)
Who may grant writ:
a) SC/any member thereof
i) When: any day/time
ii) Kind of jd: original (1987.8.1)
iii) Where enforceable: anywhere in
the PH
iv) Where returnable: (for hearing and
decision on the merits)
(1) Before SC/any member
(2) Before RTC/any judge thereof
b) CA/any member
i) Kind of jd: original (WON exercising
its appellate jd) (BP129.9.1)
ii) Same rules on enforcement return,
filing
c) RTC/judge
i) When: any day/time
ii) Kind of jd: original (129.21.1)
iii) Where returnable: to himself only
iv) Where enforceable: judicial district
d) MTC
i) When available: in the absence of
ALL RTC judges in the city/province

Writ of Amparo
2)
3)

th

In default, ADC(4 CA)


No known family concerned COAI (citizen,
organization, association, institution) (2)

Effect of filing: filing of the aggrieved party,


authorized party suspends the right of all other
authorized parties to file similar petitions (2)

Where filed:
1) RTC
a) Filing
i) Where the TAO (treat, act,
omission) was committed, or
ii) Where any of its elements occurred
b) Return
i) Returnable before such court/judge
2) SC, CA, Sandiganbayan, any justice of such
court
a) When available: Only when the action
concerns public data files of government
offices
b) Return
i) SC/justices before them, any
justice thereof, CA/SB or any of its
justices, RTC (see above) (4)
ii) SB/CA before them, any justice,
RTC

Writ of Habeas Data


(AM 08-1-16-SC, 2008)
2) In case of extralegal killings, enforced
disappearances, the immediate family may
file, namely
a) Spouse/children/parents, or
th
b) In default of (a), any ADC(4 civil degree
of CA) (2)

Writ of Kalikasan

Where filed: (3)


3) RTC (at the petitioners option)
a) Filing
i) Residence of either the petitioner or
respondent
ii) Where the data/info is GCS
b) Return
i) Returnable before such court/judge
4) SC, CA, Sandiganbayan, any justice of such
court
a) When available: Only when the action
concerns public data files of government
offices
b) Return
i) SC/justices before them, any
justice thereof, CA/SB or any of its
justices, RTC (see above) (4)
Enforceability: anywhere in the PH (4)

Enforceability: anywhere in the PH (3)

KIM G. ESPINA

COMPARISON TABLE: WRITS OF HABEAS CORPUS, HABEAS DATA, AND KALIKASAN


Writ of Habeas Corpus

Process

1)
2)

3)

4)

ii) Kind of jd: special (129.35)


File petition
Court grants it forthwith
a) WRIT, to whom directed:
i) Restraint by an officer
(1) Directed at: officer
(2) Command: to have the body of
the
person
before
the
designated CT/judge at the
specified time/place
ii) By someone not an officer
(1) Directed at: officer pa rin!
iii) Commands:
(1) Take and have the body before
the CT/judge at the time and
place specified in the writ, AND
(2) Summon the restrainer to
appear before the CT/judge
and
SHOW
CAUSE
for
detention (102.6)
b) CONTENTS - Prisoner designation
i) By name, or
ii) If not known, some other
description/identification
Writ is immediately issued by
a) Clerk, under court seal, or
b) Judge, under own hand
i) When: during emergencies
ii) May deputize any OFFICER/PERSON
to serve it
Serve copy on the officer/person DETAINING
(only becomes effective upon service)
a) If not appealed must be immediately
released (102.15)
b) Keep copy for return (102.7)
c) Where done: any province
d) By whom:
i) Sheriff
ii) Other proper officer
iii) Deputized person
e) How done:
i) Leave original with
(1) Person to whom directed, or

Writ of Amparo

Writ of Habeas Data


(AM 08-1-16-SC, 2008)

1)

2)

2)

Filing of (signed, verified) petition


a) Petitioner - personal circumstances
b) Respondent
i) If
known:
name,
personal
circumstances
ii) If not/uncertain: described by an
assumed appellation
c) Right to LLS violated/threatened, how it
is committed, detailed in supporting
affidavits
d) Investigation conducted, if any (specify
name, personal circs, addresses of the
investigating
authority/individuals,
manner
and
conduct
of
the
investigation), including the report
e) Actions and recourses petitioner has
taken to determine
i) The fate/whereabouts of the
aggrieved party, and
ii) The identity of the person
responsible for the TAO
f) The relief prayed for, may include a
general prayer (5)
Issuance immediately ordered if it ought to
issue on its face
a) Who issues:
i) COC, under the seal of the court, or
ii) In case of urgent necessity, the
judge issues the writ under his/her
own hand
b) Contents: sets the date, time for
summary hearing (6)
c) ARCHIVING AND REVIVAL (20)
i) When done: when it cant proceed
for a valid cause (failure to appear
petitioner/witnesses due to threats)
ii) Revival: motu proprio/motion by
any party
iii) Dismissal with prejudice: failure to
prosecute after 2y from NOTICE to
petitioner of ORDER ARCHIVING the
case

3)

4)

5)

Writ of Kalikasan

File a verified written petition


a) Personal circumstances of the parties
b) Manner the right to privacy is
violated/threatened, how it affects the
LLS of the aggrieved party
c) Actions/recourses
taken
by
the
petitioner to secure the data/info
d) The
location
of
the
files/registers/databases/govt
office,
person in charge/possession/control, if
known
e) Reliefs prayed for (may include a prayer
for an order enjoining the act, in case of
threats) (6)
Issuance immediately ordered if it ought to
issue on its face
a) Who issues:
i) COC, under the seal of the court, or
ii) In case of urgent necessity, the
judge issues the writ under his/her
own hand
b) Contents: sets the date, time for
summary hearing (7)
Service
a) When: W/in 3d from issuance
b) By whom: Any officer/person may be
deputized by the judge to serve it (7); it
shall be served by a
i) Judicial officer, or
ii) A person deputized by the
court/justice or judge
c) Copy retained by the judge, upon which
return made.
d) How served:
i) Personally, or
ii) Substituted service, if personal
service cannot be done. (9)
e) Refusal to issue/serve: shall be punished
for contempt, w/o prejudice to other
disciplinary actions (8)
Return
a) Filed by RESPONDENT (10)

KIM G. ESPINA

COMPARISON TABLE: WRITS OF HABEAS CORPUS, HABEAS DATA, AND KALIKASAN


Writ of Habeas Corpus

4)

(2) Other
person
exercising
custody
Execution of writ
a) By whom: officer to whom writ directed
b) Before whom:
i) Judge allowing the writ, or
ii) Some other judge in the same court,
in
case
of
judge
1s
absence/disability (102.9)
c) Contents of return (in writing):
i) State
(1) WON in his custody/under his
power, and
(2) Under restraint
ii) If YES he must state
(1) The authority under which it
was done,
(2) The true cause thereof, set
forth at large,
(3) With a copy of the process
(writ, order, execution) under
which it was made
iii) If YES + body ISNT produced he
must state
(1) The sickness gravity and
nature, and
(2) The fact that he cannot,
without danger, be brought
before the court due to said
sickness.
iv) If YES + custody subsequently
transferred state
(1) To whom,
(2) At what time,
(3) For what cause, and
(4) By what authority. (102.10)
d) Effects of return when evidence and
when only a plea
i) If through a warrant of commitment
The return is PRIMA FACIE
evidence of cause of restraint
ii) If under an alleged private authority
considered a plea of the facts;

Writ of Amparo
iv)

3)

4)

COCs send a consolidated list to the


st
OCA not later than the 1 week of
Jan every year (20)

Service
a) Who serves:
i) Judicial officer
ii) Person deputized by the court
a) Copy retained by the judge, upon which
return made. (8)
b) Refusal to issue/serve: clerk/other
deputized person shall be punished for
contempt, w/o prejudice to other
disciplinary actions (7)
Return filed by the RESPONDENT
a) When: w/in 72h after the service of the
writ
b) Form: verified, written; with supporting
affidavits
c) Contents: (not exclusive)
i) Lawful defenses
ii) Steps or actions taken to determine
the
fate/whereabouts/person
responsible
iii) All relevant information in his
possession re: TAO
iv) If POE, further state the actions
taken/STILL to be taken:
(1) To verify the aggrieved partys
identity
(2) To recover, preserve evidence
related .. which may aid in the
prosecution of the responsible
persons
(3) To identify witnesses, obtain
statements
(4) To determine the cause,
manner, location, and time of
death/disappearance,
any
pattern or practice
(5) To identify and apprehend the
persons involved, and
(6) To bring suspected offenders
before a competent court

Writ of Habeas Data


(AM 08-1-16-SC, 2008)
i) When filed: w/in 5 working days
from service of the writ, may be
reasonably extended for justifiable
reasons
ii) Form, blah:
(1) Verified, written
(2) With supporting affidavits
iii) Contempt: in case of
(1) A false return
(2) Refusal to make a return
(3) Any
person
otherwise
disobeying/resisting a lawful
process/order of the court(11)
iv) Contents:
(1) Lawful defenses (national
security,
state
secrets,
privileged confidentiality of the
source of media info, etc)
(2) In case a respondent is in
charge/possession/control of
data/info
(a) Disclosure of DI, its
nature, the purpose for
collection
(b) The steps taken to ensure
its
security
and
confidentiality
(c) Its currency, accuracy
(3) Other relevant allegations.
b) No return filed (14)
6) SUMMARY Hearing on the writ
a) When: Not later than 10 work days from
issuance (7)
b) Failure to file a return: petition heard ex
parte; further may be required by the
court in its discretion (14)
c) Nature:
summary;
preliminary
conference may be called by the judge
(issue simplification, stipulations and
admissions) (15)
d) DEFENSES, when may be heard in
chambers: when respondent invokes the
defense that national security, state

Writ of Kalikasan

KIM G. ESPINA

COMPARISON TABLE: WRITS OF HABEAS CORPUS, HABEAS DATA, AND KALIKASAN


Writ of Habeas Corpus

Writ of Amparo

person claiming custody must prove


them (102.13)
5)
6)

RETURN?
Hearing on return
a) Court in session
i) Court must immediately hear and
examine
(1) The return, and
(2) Other
matters
properly
submitted for consideration.
ii) If the person has a grave
sickness/infirmity the CT/judge
must be satisfied that the gravity is
such that he cannot be produced
without danger, before proceeding
to hear on the case (102.12)
b) If hearing is adjourned for good cause
iii) Court/judge must make an order for
the safekeeping of the person as the
nature of the case requires

v)

5)

General denials not allowed (9);


defenses not pleaded deemed
waived (10)
b) Failure to file a return: petition heard ex
parte; further may be required by the
court in its discretion (14)
SUMMARY hearing on the petition
a) Stated on the writ; not LATER than 7d
from its issuance.
c) Failure to file a return: petition heard ex
parte; further may be required by the
court in its discretion (12)
d) Nature:
summary;
preliminary
conference may be called by the judge
(issue simplification, stipulations and
admissions) (13)
b) Hearing from day to day until completed
and given the same priority as WHC (13)
c) INTERIM RELIEFS: (14)
i) TEMPORARY PROTECTION ORDER
(1) Motion/motu proprio
(2) Aggrieved party and his
immediate family, and officers
involved,
if
organization/
association/institution
(3) Government agency.accredited
person
ii) INSPECTION ORDER
(1) Also available to respondent!
(15)
(2) Verified motion, due hearing
(a) Detail the place/s
(b) Supported by affidavits,
testimonies PERSONAL
knowledge
of
disappearance,
whereabouts
(c) Hearing in chambers to
determine
merit
of
opposition if based on the
ground
of
national
security
(3) Any person in possn/control of

Writ of Habeas Data


(AM 08-1-16-SC, 2008)
secrets, cant be divulged to the public
due to its nature/privileged character
(12)
e) Same priority as WHC
7) Judgment
a) When rendered: w/in 10d from the time
the petition is submitted for decision
b) Basis: SUBSTANTIAL evidence
c) What ordered:
i) Enjoin the act complained of
ii) Order
the
deletion/destruction/rectification of
erroneous data/info
iii) Other relevant reliefs as may be just
and equitable (16)
8) Enforcement
a) When done: upon finality, enforced w/in
5 working days
b) By whom:
i) Sheriff
ii) Any lawful officers as may be
designated by the court (16)
9) Verified return of service (+copies served on
parties)
a) By whom: server
b) When: w/in 3d from enforcement
c) Contents:
i) A full statement of the proceedings
under the writ
ii) A complete inventory of whatever
was inspected, updated, rectified, or
deleted (17)
10) Hearing on OFFICERS RETURN
a) Court sets it for hearing
b) With due notice to the parties (18)

Writ of Kalikasan

KIM G. ESPINA

COMPARISON TABLE: WRITS OF HABEAS CORPUS, HABEAS DATA, AND KALIKASAN


Writ of Habeas Corpus

Appeal

Institution
of
separate actions

Writ of Amparo

Writ of Habeas Data


(AM 08-1-16-SC, 2008)

Writ of Kalikasan

property
(4) Permit entry for inspecting,
measuring,
surveying,
photographing
relevant
objects, operations
(5) Granted when necessary to
establish aggrieved partys
right, which is alleged to be
threatened/violated
(6) Specify: person/s to do it, date,
time, place, manner, other
conditions
(7) Expires 5d after issuance;
extendible
for
justifiable
reasons
iii) PRODUCTION ORDER
(1) Also available to respondent!
(15)
(2) Verified motion, due hearing
(3) Any person in custody/control
of documents (tangible or
digital)
(4) Produce, permit inspection,
copying, photographing
(5) Same blah on hearing in
chambers opposition blah
iv) WITNESS PROTECTION ORDER
(1) Motion, motu proprio
(2) Refer to DOH for WP/other
government
agencies/accredited persons
6) Judgment
a) When: w/in 10d from the time it is
submitted from decision
b) Substantial evidence!
c) Writ, other reliefs. (18)
1) Who: Any party
2) Where, how: SC, rule 45 from any FINAL judgment/order, facts/law/both
3) When: w/in 5 working days from the date of notice of the adverse judgment (WA) or JO (WHD)

Same priority as Amparo, WHC cases (19/19)


Separate CCA actions not precluded! (21/20)

KIM G. ESPINA

COMPARISON TABLE: WRITS OF HABEAS CORPUS, HABEAS DATA, AND KALIKASAN


Writ of Habeas Corpus

Writ of Amparo

Writ of Habeas Data


(AM 08-1-16-SC, 2008)

Writ of Kalikasan

Rule:
1) ALWAYS consolidated with the criminal action (21/23)
2) Once a criminal action has been filed, the writ shall be available by MOTION (22/22)
Construction/
interpretation

Standard
of
evidence,
burden of proof

Docket fees

Contempt

LIBERAL!
If form defective: it still cant be disobeyed,
provided it appears
1) In whose custody the person is, AND
2) The court/judge to whom he must be
brought. (102.9)
Hearing on return: court may disregard
form/technicalities with respect to warrants,
commitment orders (102.12)
Substantial (17)
Private individual/entity ordinary diligence
as required by applicable law/rr in the
performance of duty
2) POE extraordinary diligence; cant invoke
the presumption of regular performance of
official duties
Petitioner EXEMPTED from payment of docket,
other lawful fees (4)

Substantial (16)

1)

1)

Rule: No docket and other lawful fees from an


indigent petitioner.
Effect: still acted upon immediately, subject to
subsequent submission of proof not later than
15d from filing (Sec.5)

2)
Court, justice, judge dockets the petition, acts
upon it immediately. (4)
In case of:
1) A false return
2) Refusal to make a return
3) Any person otherwise disobeying/resisting a lawful process/order of the court(16)
What imposed: imprisonment or a fine! (16/11)

Prohibited
pleadings,
motions

1)
2)
3)
4)
5)
6)
7)
8)
9)
10)

MTD
Extension
Dilatory postponements
Bill of particulars
Counter-, cross-claim
3P complaint
Reply
To declare in default
Intervention
Memorandum

KIM G. ESPINA

COMPARISON TABLE: WRITS OF HABEAS CORPUS, HABEAS DATA, AND KALIKASAN


Writ of Habeas Corpus

Effects

1)

2)

3)

In general
a) GEN: Not imprisoned again for the same
offense
b) XPN: through lawful order/process of CT
w/ jd over the case
Noncompliance with the writ knowingly
recommits, imprisons, or causes such, or
aids/assists, for the SAME or a PRETENDED
offense, notwithstanding a colorable pretense
or variation
a) Damages 1k, in the proper action
b) Contempt (102.17)
MISSING SECTIONS!

Writ of Amparo

Writ of Habeas Data


(AM 08-1-16-SC, 2008)
11) Recon, cert/mand/proh of interlocutory orders (11/13)
Not diminish, increase, or modify substantive rights (23)
ROC of suppletory application (24)

Writ of Kalikasan

KIM G. ESPINA