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HABEAS CORPUS

WRIT OF AMPARO
Nature
It is an extraordinary and
independent remedy that
provides rapid judicial relief
which partakes of a summary
proceeding that requires
only substantial evidence
to make the appropriate
interim and permanent reliefs
available to the petitioner.

It is not an action to
determine criminal guilt
requiring
proof
beyond
reasonable doubt, or liability
for
damages
requiring
preponderance of evidence,
or
administrative
responsibility
requiring
substantial evidence that will
require full and exhaustive
proceedings.

WRIT OF HABEAS DATA
As an independent and
summary
remedy
to
protect
the
right
to
privacy – especially the
right
to
informational
privacy – the proceedings
for the issuance of the writ
of habeas data does not
entail any finding of
criminal,
civil
or
administrative
culpability.
If the allegations in the
petition are proven through
substantial evidence, then
the Court may:
1. Grant access to the
database
or
information
2. Enjoin
the
act
complained of; or
3. In case the database
or
information
contains
erroneous
data or information,
order its deletion,
destruction
or
rectification.

Purpose
To ensure the protection of the people’s rights to life, liberty and security
These are issued in light of the alarming prevalence of extrajudicial killings and
enforced disappearances
It serves both preventive and
curative roles in addressing
the problem of extrajudicial
killings
and
enforced
disappearances.
1. Preventive - it breaks
the
expectation
of
impunity
in
the
commission of these
offenses
2. Curative - it facilitates

It provides a judicial remedy
to protect a person’s
right
to
control
information
regarding
oneself,
particularly
in
instances
where
such
information
is
being
collected through unlawful
means in order to achieve
unlawful ends.

Temporary Protection Order  The court.  The Supreme Court shall accredit the persons and private institutions that shall extend temporary protection to the petitioner or the aggrieved party and any member of the immediate family. 2. Rule on the Writ of Amparo – A. If the petitioner is an organization. justice or judge. justice or judge. in accordance with guidelines which it shall issue. may order that the petitioner or the aggrieved party and any member of the immediate family be protected in a government agency or by an accredited person or private institution capable of keeping and securing their safety.R. Upon the filing of the petition 2. 14. or photographing the property or any relevant object or operation thereon.SC) 1.M No. Rodriguez prays for the issuance of a temporary protection order. upon verified motion and after due hearing. No.the subsequent punishment of perpetrators by inevitably leading to subsequent investigation and action. Inspection Order  The court. measuring. Grant of Interim Reliefs Effectivity 24 October 2007 2 February 2008 First issue: Grant of interim reliefs In the petition in G. upon motion or motu proprio. to permit entry for the purpose of inspecting.  The motion shall state in detail the place or places to be inspected. surveying. the protection may be extended to the officers involved. It shall be supported by affidavits or testimonies of witnesses having . association or institution referred to in Section 3(c) of this Rule. Section 14 of the Rule on the Writ of Amparo clearly provides: When to file Interim Relief (Sec. justice or judge. 191805. At any time before final judgment Interim Reliefs 1. 07-9-12. It must be underscored that this interim relief is only available before final judgment. may order any person in possession or control of a designated land or other property.  The accredited persons and private institutions shall comply with the rules and conditions that may be imposed by the court.

or to accredited persons or private institutions capable of keeping and securing their safety. papers. since we grant petitioner the privilege of the writ of amparo. there is no need to issue a temporary protection order independently of the former. which constitute or contain evidence relevant to the petition or the return. pursuant to Republic Act No. The movant must show that the inspection order is necessary to establish the right of the aggrieved party alleged to be threatened or violated. Sanchez[68] that “[t]hese provisional reliefs are intended to assist the court before it arrives at a judicious determination of the amparo petition. accounts. copying or photographing by or on behalf of the movant.  The court. justice or judge may conduct a hearing in chambers to determine the merit of the opposition. objects or tangible things. The order shall expire five (5) days after the date of its issuance. may order any person in possession. upon verified motion and after due hearing. The inspection order shall specify the person or persons authorized to make the inspection and the date. 4. justice or judge shall prescribe other conditions to protect the constitutional rights of all the parties. 6981.  The motion may be opposed on the ground of national security or of the privileged nature of the information.   personal knowledge of the enforced disappearance or whereabouts of the aggrieved party. photographs. In any case. may refer the witnesses to the Department of Justice for admission to the Witness Protection.” Being interim reliefs. 3. the court. books. (Emphasis supplied)  We held in Yano v. upon motion or motu proprio. If the motion is opposed on the ground of national security or of the privileged nature of the information. Witness Protection Order  The court. Production Order  The court. or judge. justice. The order restricting respondents from going near Rodriguez is subsumed under the privilege of the writ. unless extended for justifiable reasons. justice or judge may also refer the witnesses to other government agencies. justice or judge.  The court. Thus. they can only be granted before a final adjudication of the case is made. once granted. or objects in digitized or electronic form. custody or control of any designated documents. place and manner of making the inspection and may prescribe other conditions to protect the constitutional rights of all parties. Security and Benefit Program. . to produce and permit their inspection. in which case the court. necessarily entails the protection of the aggrieved party. it must be underscored that the privilege of the writ of amparo. letters. justice or judge may conduct a hearing in chambers to determine the merit of the opposition. time.