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SPECIAL WRITS

Habeas Corpus Amparo Habeas Data


Kalikasan
(Rule 102, Rules of Court) (A.M. No. 07-9-12-SC) (A. M. No. 08-1-16-SC)

Definition You have the body (Latin) Amparer, to protect (Spanish) You have the data

Involves the right to liberty


Involves the right to life, liberty, and Involves the right to a balanced and
Shall extend to all cases of illegal confinement security. healthful ecology involving environmental
Involves the right privacy in life, liberty,
Essence or detention by which any person is deprived damage of such magnitude as to prejudice the
and security
of his liberty, or by which the rightful custody It covers extrajudicial killings and enforced life, health or property of inhabitants in two
of any person is withheld from the person disappearances or threats thereof. or more cities or provinces
entitled thereto. (R102, S1)

To order the protection of the constitutional


right to a balanced and healthful ecology and
To direct the person detaining another to To direct the public officers involved to
To order the disclosure or destruction of data restrain further acts that cause
Office of the conduct an investigation as to the
produce the body of the person being relating to the right to life, liberty, and environmental damage of such magnitude as
Remedy whereabouts and legality of the detention of a
detained and to show the cause of detention security of a person to prejudice the life, health or property of
missing person
inhabitants in two or more cities or
provinces.

It is a special remedy available to a natural or


juridical person, entity authorized by law,
peoples organization, NGOs, or any public
It is a remedy available to any person whose A remedy available to any person whose right
It is a writ directed to another person interest group accredited by or registered
right to life, liberty and security is violated or to privacy in life, liberty or security is violated
detaining another, commanding him to with any government agency, on behalf of
threatened with violation by an unlawful act or threatened by an unlawful act or omission
produce the body of the prisoner at a persons whose constitutional right to a
or omission of a public official or employee, of a public official or employee, or of a private
disegnated time and place, with the day and balanced and healthful ecology is violated, or
Availability or of a private individual or entity. individual or entity engaged in the
cause of his caption and detention, to do, threatened with violation by an unlawful act
gathering, collecting or storing of data or
submit to, and receive whatever the court/ or omission of a public official or employee,
The writ shall cover extralegal killings and information regarding the person, family,
judge awarding the writ shall consider in that or private individual or entity, involving
enforced disappearances or threats thereof. home and correspondence of the aggrieved
behalf. environmental damage of such magnitude as
(S1) party. (S1)
to prejudice the life, health or property of
inhabitants in two or more cities or
provinces. (R7, S1)
A violation or threatened violation of the
right to privacy in life, liberty, or security by
an unlawful act or omission of: A violation or threatened violation of the
A violation or a threatened violation by an 1. a public official; right to a balanced and healthful ecology by
1. deprivation of liberty unlawful act or omission of: 2. a public employee; an unlawful act or omission of:
Availability
2. withholding the rightful custody of 1. a public official 3. a private individual or entity 1. a public official;
against engaged in the gathering, collecting
any person 2. a public employee 2. public employee, and/or
3. a private individual or entity or storing of data or information 3. private individual or entity
regarding the person, family, home (R7, S1)
and correspondence of the
aggrieved party.

1. gathering,
1. all cases of illegal confinement or 2. collecting or
detention by which any person is 3. storing of data or information Environmental damage of such magnitude as
deprived of his liberty 1. cover extralegal killings and Regarding the to prejudice the life, health or property of
Coverage
2. the rightful custody of any person 2. enforced disappearances 1. person, inhabitants in two or more cities or
is withheld from the person 2. family, provinces. (R7, S1)
entitled thereto 3. home
4. correspondence
The aggrieved party or by any qualified
GR: Aggrieved party may file a petition EXPN:
person or entity in the following order:
In cases of extralegal killings and enforced
a. Any member of the immediate
disappearances, the petition may be filed by:
family, namely: the spouse, children
a. Any member of the immediate family of the a. natural or juridical person,
and parents of the aggrieved party;
aggrieved party, namely: the spouse, children b. entity authorized by law,
b. Any ascendant, descendant or
and parents; or c. peoples organization, non-governmental
collateral relative of the aggrieved
1. The party for whose relief it is b. Any ascendant, descendant or collateral organization, or any public interest group
party within the fourth civil degree
Who may file intended, or relative of the aggrieved party within the accredited by or registered with any
of consanguinity or affinity, in
2. Any person on his behalf (R102, S3) fourth civil degree of consanguinity or government agency, on behalf of persons
default of those mentioned in the
affinity, in default of those mentioned in the whose constitutional right to a balanced and
preceding paragraph; or
preceding paragraph; or healthful ecology is violated, or threatened
c. Any concerned citizen, organization,
c. Any concerned citizen, organization, with violation (R7, S1)
association or institution, if there is
association or institution, if there is no known
no known member of the immediate
member of the immediate family or relative of
family or relative of the aggrieved
the aggrieved party (S2)
party. (S2)
Public official or employee or a private
Public official or employee or a private individual entity, engaged in the GCS of data Public official or employee or a private
Respondent May or may not be an officer
individual entity or information regarding the PFHC of the individual entity
aggrieved party
Venue 1. RTC where the person is detained 1. Regional Trial Court of the place 1. RTC where the petitioner or 1. SC
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respondent resides, or that which
has jurisdiction over the place
where the threat, act or omission was where the data or information is
2. Sandiganbayan (in its appellate committed or any of its elements gathered, collected or stored, at the
capacity) occurred, option of the petitioner.
3. CA 2. Sandiganbayan or 2. CA
4. SC 3. CA 2. Sandiganbayan
5. or any justice of the 3 preceding 4. SC 3. CA
courts 5. or any justice of the 3 preceding 4. SC
courts (S3) when the action concerns public data files of
government offices. (S3)
If issued by the S/ CA/ SC: anywhere in the
Philippines The writ shall be enforceable anywhere in the The writ shall be enforceable anywhere in the The writ shall be enforceable anywhere in the
Enforceability
If issued by the RTC: within the jurisdictional Philippines. (S3) Philippines. (S4) Philippines.
area/ judicial district
When issued by the RTC or judge thereof:
When issued by a RTC or any judge thereof: before such court or judge
before such court or judge. When issued by the S/ CA, or any of its
When issued by the S/ CA or any of their justices: before such court or any justice
justices: before such court or any justice thereof, or to any RTC of the place where the
petitioner or respondent resides, or that
thereof, or to any RTC of the place where the
When issued by the RTC or judge thereof: which has jurisdiction over the place where
threat, act or omission was committed or any the data or information is gathered, collected
Where before such court or judge
of its elements occurred. or stored. ---
returned When issued by the S/ CA/ SC, or any of its
When issued by the SC or any of its justices: When issued by the SC or any of its justices:
justices: before such court of justice thereof
before such Court or any justice thereof, or before such Court or any justice thereof, or
before the S/ CA or any of their justices, or to before the CA/ S or any of its justices, or to
any RTC of the place where the petitioner or
any RTC of the place where the threat, act or
respondent resides, or that which has
omission was committed or any of its jurisdiction over the place where the data or
elements occurred. (S3) information is gathered, collected or stored.
(S4)
On any day at any time Payment is required. Rule on indigent
On any day at any time (R102, S2)
When to The petitioner shall be exempted from the petitioner applies The petitioner shall be exempt from the
Payment is required. Rule on indigent
file/Docket fees payment of the docket and other lawful fees Only indigent petitioner is exempt from payment of docket fees. (R7, S4)
petitioner applies
(S4) docket and lawful fees.
Contents of (a) That the person in whose behalf the (a) The personal circumstances of the (a) The personal circumstances of the (a) The personal circumstances of the
Petition application is made is imprisoned or petitioner; petitioner and the respondent; petitioner;
restrained on his liberty; (b) The name and personal circumstances of (b) The manner the right to privacy is (b) The name and personal circumstances of
the respondent responsible for the threat, act
(b) The officer or name of the person by violated or threatened and how it affects the the respondent or if the name and personal
or omission, or, if the name is unknown or
whom he is so imprisoned or restrained; or, if uncertain, the respondent may be described right to life, liberty or security of the circumstances are unknown and uncertain,
both are unknown or uncertain, such officer by an assumed appellation; aggrieved party; the respondent may be described by an
or person may be described by an assumed (c) The actions and recourses taken by the assumed appellation;
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(c) The environmental law, rule or regulation
violated or threatened to be violated, the act
or omission complained of, and the
environmental damage of such magnitude as
to prejudice the life, health or property of
(c) The right to life, liberty and security of the inhabitants in two or more cities or
aggrieved party violated or threatened with provinces.
violation by an unlawful act or omission of
petitioner to secure the data or information; (d) All relevant and material evidence
the respondent, and how such threat or
violation is committed with the attendant (d) The location of the files, registers or consisting of the affidavits of witnesses,
appellation, and the person who is served
circumstances detailed in supporting databases, the government office, and the documentary evidence, scientific or other
with the writ shall be deemed the person
affidavits; person in charge, in possession or in control expert studies, and if possible, object
intended;
(d) The investigation conducted, if any, of the data or information, if known; evidence;
(c) The place where he is so imprisoned specifying the names, personal (e) The reliefs prayed for, which may include (e) The certification of petitioner under oath
or restrained, if known; circumstances, and addresses of the the updating, rectification, suppression or that:
(d) A copy of the commitment or cause investigating authority or individuals, as well
destruction of the database or information or (1) petitioner has not commenced any action
of detention of such person, if it can be as the manner and conduct of the
investigation, together with any report; files kept by the respondent. or filed any claim involving the same issues in
procured without impairing the efficiency of
(e) The actions and recourses taken by the In case of threats, the relief may include a any court, tribunal or quasi-judicial agency,
the remedy; or, if the imprisonment or
petitioner to determine the fate or prayer for an order enjoining the act and no such other action or claim is pending
restraint is without any legal authority, such
whereabouts of the aggrieved party and the complained of; and therein;
fact shall appear. (R102, S3) identity of the person responsible for the (f) Such other relevant reliefs as are just and (2) if there is such other pending action or
*must be signed and verified threat, act or omission; and equitable. claim, a complete statement of its present
(f) The relief prayed for. The petition may
*shall be in writing and must be verified (S6) status;
include a general prayer for other just and
equitable reliefs. (3) if petitioner should learn that the same or
*must be signed and verified (S5) similar action or claim has been filed or is
pending, petitioner shall report to the court
that fact within five (5) days therefrom; and
(f) The reliefs prayed for which may include a
prayer for the issuance of a TEPO.
*must be verified (R7, S2)
Issuance of the it appears that the writ ought to issue: if on its face it ought to issue Upon the filing of the petition, the court, Within three (3) days from the date of filing
Writ the clerk of the court shall issue the writ the clerk of the court shall issue the writ justice or judge shall immediately order the of the petition, if the petition is sufficient in
under the seal of the court; or under the seal of the court; or issuance of the writ if on its face it ought to form and substance, the court shall give an
in case of emergency, the judge may issue the in case of emergency, the justice or the judge issue. order:
writ under his own hand, and may depute any may issue the writ under his own hand, and
officer or person to serve it. (R102, S5) The clerk of court shall issue the writ under (a) issuing the writ; and
may depute any officer or person to serve it the seal of the court and cause it to be served (b) requiring the respondent to file a verified
(S6) within three (3) days from the issuance; or, in return as provided in Section 8 of this Rule.
case of urgent necessity, the justice or judge The clerk of court shall forthwith issue the
may issue the writ under his or her own writ under the seal of the court including the
hand, and may deputize any officer or person issuance of a cease and desist order and other
serve it. (S7) temporary reliefs effective until further order.

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(R7, S5)
The hearing including the preliminary
Summary Shall not be later than seven (7) days from Shall not be later than ten (10) work days
--- conference shall not extend beyond sixty (60)
Hearing the date of issuance of the writ. (S6) from the date of its issuance (S7)
days (R7, S11)
The writ shall be served by leaving the The writ shall be served upon the respondent The writ shall be served upon the respondent
original with the person to whom it is The writ shall be served upon the respondent
by a judicial officer or by a person deputized by a judicial officer or by a person deputized
directed and preserving a copy on which to by a court officer or any person deputized by
by the court, justice or judge who shall retain by the court, justice or judge who shall retain
How Writ is make return or service. If that person cannot the court, who shall retain a copy on which to
a copy on which to make a return of service. a copy on which to make a return of service.
Served be found, or has not the prisoner in his make a return of service. In case the writ
custody, then the service shall be made on In case the writ cannot be served personally In case the writ cannot be served personally
cannot be served personally, the rule on
any other person having or exercising such on the respondent, the rules on substituted on the respondent, the rules on substituted
substituted service shall apply. (R7, S6)
custody. (R102, S7) service shall apply. (S8) service shall apply. (S9)
Return Who makes: The officer by whom the Who makes: respondent shall file a verified Who makes: Respondent Who makes: Respondent
prisoner is imprisoned or the person in written return together with supporting
whose custody the prisoner is found on the affidavits within seventy-two (72) hours Verified written return together with Within a non-extendible period of ten (10)
day specified in the writ.
after service of the writ, (S8) supporting affidavits within five (5) working days after service of the writ, the respondent
The return or statement shall be signed by days from service of the writ. shall file a verified return
the person who makes it; and shall also be Contents: Period may be reasonably extended by the Contents:
sworn by him if the prisoner is not produced, a. The lawful defenses to show that the Court for justifiable reasons. all defenses to show that respondent:
and in all other cases unless the return is respondent did not violate or Contents: a. did not violate or
made and signed by a sworn public officer in threaten with violation the right to (a) The lawful defenses such as national b. threaten to violate, or
his official capacity. (R102, S11) life, liberty and security of the security, state secrets, privileged c. allow the violation of any
aggrieved party, through any act or communications, confidentiality of the source environmental law, rule or
*signed in all cases of information of media and others;
omission; regulation or
*sworn to: if not made by a public officer if (b) In case of respondent in charge, in d. commit any act resulting to
prisoner is not produced b. The steps or actions taken by the possession or in control of the data or environmental damage of such
respondent to determine the fate or information subject of the petition;
magnitude as to prejudice the life,
whereabouts of the aggrieved party (i) a disclosure of the data or information
about the petitioner, the nature of such data health or property of inhabitants in
and the person or persons
or information, and the purpose for its two or more cities or provinces.
responsible for the threat, act or
omission; collection;
(ii) the steps or actions taken by the All defenses not raised in the return shall be
c. All relevant information in the
respondent to ensure the security and deemed waived.
possession of the respondent confidentiality of the data or information;
pertaining to the threat, act or and,
The return shall include affidavits of
omission against the aggrieved (iii) the currency and accuracy of the data or
information held; and, witnesses, documentary evidence, scientific
party; and
(c) Other allegations relevant to the or other expert studies, and if possible, object
d. If the respondent is a public official
resolution of the proceeding. evidence, in support of the defense of the
or employee, the return shall
A general denial of the allegations in the respondent.
further state the actions that have
petition shall not be allowed. (S10)
been or will still be taken:
A general denial of allegations in the petition
i. to verify the identity of the
shall be considered as an admission thereof.
aggrieved party;

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ii. to recover and preserve evidence
related to the death or
disappearance of the person
identified in the petition which may
aid in the prosecution of the person
or persons responsible;
iii. to identify witnesses and obtain
statements from them concerning
the death or disappearance;
iv. to determine the cause, manner,
location and time of death or
disappearance as well as any
pattern or practice that may have
(R7, S8)
brought about the death or
disappearance;
v. to identify and apprehend the
person or persons involved in the
death or disappearance; and
vi. to bring the suspected offenders
before a competent court.

The return shall also state other matters


relevant to the investigation, its resolution
and the prosecution of the case.
A general denial of the allegations in the
petition shall not be allowed.
In case the respondent fails to file a return,
the court, justice or judge shall proceed to
In case the respondent fails to file a return, hear the petition ex parte. In case the respondent fails to file a return,
Effect of failure
--- the court, justice or judge shall proceed to The court may also grant the petitioner such the court, justice or judge shall proceed to
to file a return
hear the petition ex parte. (S12) relief as the petition may warrant unless the hear the petition ex parte. (R7, S10)
court in its discretion requires the petitioner
to submit evidence. (S14)
Prohibited --- (a) Motion to dismiss; (a) Motion to dismiss; (a) Motion to dismiss;
Pleadings and (b) Motion for extension of time to file return, (b) Motion for extension of time to file return, (b) Motion for extension of time to file return;
Motions opposition, affidavit, position paper and opposition, affidavit, position paper and other (c) Motion for postponement;
other pleadings;
pleadings; (d) Motion for a bill of particulars;
(c) Dilatory motion for postponement;
(d) Motion for a bill of particulars; (c) Dilatory motion for postponement; (e) Counterclaim or cross-claim;
(e) Counterclaim or cross-claim; (d) Motion for a bill of particulars; (f) Third-party complaint;
(f) Third-party complaint; (e) Counterclaim or cross-claim; (g) Reply; and

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(f) Third-party complaint;
(g) Reply; (g) Reply;
(h) Motion to declare respondent in default; (h) Motion to declare respondent in default;
(i) Intervention; (i) Intervention;
(j) Memorandum; (j) Memorandum;
(k) Motion for reconsideration of (h) Motion to declare respondent in default.
(k) Motion for reconsideration of
interlocutory orders or interim relief (R7, S9)
orders; and interlocutory orders or interim relief orders;
(l) Petition for certiorari, mandamus or and
prohibition against any interlocutory (l) Petition for certiorari, mandamus or
order. (S11) prohibition against any interlocutory order.
(S13)
1.) Temporary Restraining Order
1.) Ocular Inspection Order
Available 2.) Inspection Order
--- --- 2.) Inspection Order
Interim Reliefs 3.) Production Order
3.) Production Order (R7, S12)
4.) Witness Protection Order (S14)
Judgement When the court or judge has examined into The court shall render judgment within ten The court shall render judgment within ten Within sixty (60) days from the time the
the cause of caption and restraint of the (10) days from the time the petition is (10) days from the time the petition is petition is submitted for decision, the court
prisoner, and is satisfied that he is unlawfully submitted for decision. submitted for decision. shall render judgment granting or denying
imprisoned or restrained, he shall: forthwith
If the allegations in the petition are proven by If the allegations in the petition are proven by the privilege.
order his discharge from confinement
such discharge shall not be effective until a substantial evidence, the court shall grant the substantial evidence, the court shall enjoin
copy of the order has been served on the privilege of the writ and such reliefs as may the act complained of, or order the The reliefs that may be granted under the
officer or person detaining the prisoner. be proper and appropriate; otherwise, the deletion, destruction, or rectification of writ are the following:
If the officer or person detaining the prisoner privilege shall be denied. (S18) the erroneous data or information and (a) Directing respondent to permanently
does not desire to appeal, the prisoner shall grant other relevant reliefs as may be just cease and desist from committing acts or
be forthwith released. (R102, S15) and equitable; otherwise, the privilege of the neglecting the performance of a duty in
writ shall be denied. violation of environmental laws resulting in
Upon its finality, the judgment shall be environmental destruction or damage;
enforced by the sheriff or any lawful officers (b) Directing the respondent public official,
as may be designated by the court, justice or government agency, private person or entity
judge within five (5) working days. (S16) to protect, preserve, rehabilitate or restore
the environment;
(c) Directing the respondent public official,
government agency, private person or entity
to monitor strict compliance with the
decision and orders of the court;
(d) Directing the respondent public official,
government agency, or private person or
entity to make periodic reports on the
execution of the final judgment; and
(e) Such other reliefs which relate to the right

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of the people to a balanced and healthful
ecology or to the protection, preservation,
rehabilitation or restoration of the
environment, except the award of damages to
individual petitioners.
(R7, S15)
Any party may appeal from the final Any party may appeal to the Supreme Court
Any party may appeal from the final
judgment or order to the Supreme Court under Rule 45 of the Rules of Court.
judgment or order to the Supreme Court
under Rule 45. The appeal may raise questions of fact.
under Rule 45.
The appeal may raise questions of fact or law
48 hours from notice of judgement The appeal may raise questions of fact or law The appeal must be taken within fifteen (15)
Appeal or both.
Via Rule 41, ordinary appeal or both. days from the date of notice of the adverse
The period of appeal shall be five (5) judgment or denial of motion for
The period of appeal shall be five (5)
working days from the date of notice of the reconsideration. (R7, S16)
working days from the date of notice of the
adverse judgment. (S19)
judgment or final order. (S19)
The filing of a petition for the issuance of the
Institution of The rule does not preclude the filing of The filing of a petition for the writ of habeas
writ of kalikasan shall not preclude the filing
Separate --- separate criminal, civil or administrative data shall not preclude the filing of separate
of separate civil, criminal or administrative
Actions actions. (S21) criminal, civil or administrative actions. (S20)
actions. (R7, S17)
When a criminal action has been commenced,
no separate petition for the writ shall be filed.
When a criminal action has been commenced, The relief under the writ shall be available to
Effect of Filing a no separate petition for the writ shall be filed. an aggrieved party by motion in the criminal
--- ---
Criminal Action The reliefs under the writ shall be available case.
by motion in the criminal case. (S22) The procedure under this Rule shall govern
the disposition of the reliefs available under
the writ of habeas data. (S22)
When a criminal action is filed subsequent to
When a criminal action is filed subsequent to
the filing of a petition for the writ, the latter
the filing of a petition for the writ, the latter
shall be consolidated with the criminal action.
shall be consolidated with the criminal action.
When a criminal action and a separate civil
When a criminal action and a separate civil
action are filed subsequent to a petition for a
Consolidation --- action are filed subsequent to a petition for a ---
writ of amparo, the latter shall be
writ of habeas data, the petition shall be
consolidated with the criminal action.
consolidated with the criminal action.
After consolidation, the procedure under this
After consolidation, the procedure under this
Rule shall continue to apply to the disposition
Rule shall continue to govern the disposition
of the reliefs in the petition. (S23)
of the reliefs in the petition. (S21)

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WRIT OF HABEAS CORPUS when the remedy of appeal or certiorari is available; not permitted to perform the functions of a writ
of error or appeal
Confinement/detention involved either of two things: in the custody of an officer:
a. deprivation of liberty a. under process issued by a court/judge
b. the rightful custody of any person is withheld from the person entitled thereto b. by virtue of a judgment/order of a court of record
palladium of liberty, a prerogative writ, does not issue as a matter of right but in the sound discretion c. the court/judge had jurisdiction to issue the process, render the judgment or make the order
discharge of the writ shall not be authorized upon showing that a person is:
of the court or judge
a. charged with
the judgement in favour of the applicant cannot contain a provision for damages b. convicted of an offense
summons not required; by said service of the writ, the court acquires jurisdiction over the person of c. suffering imprisonment under lawful judgment
the respondent under a restrictive custody
release of a detained person renders the petition moot and academic
Purpose/Object EXPN: when there are restraints attached to his release
to inquire into all manner of involuntary restraint as distinguished from voluntary, and to relieve a
person therefrom is restraint is illegal; any restraint which will preclude freedom of action is sufficient Peremptory vs Preliminary
to relieve a person from an unlawful restraint Peremptory- unconditionally commanding the respondent to have the body of the detained person
a speedy and effectual remedy to relieve persons from unlawful restraint and as an effective defense of before the court at the time and place specified; issued when the cause of the detention appears to be
personal freedom patently illegal
restraint of liberty must be in the nature of illegal and involuntary deprivation of freedom of action Preliminary- requires the person to appear and show cause why the peremptory writ should not be
!!! even if voluntary: the writ is still the proper legal remedy to enable parents to regain the custody of a granted; issued when a government officer has the person in custody, the illegality of which is not
minor child, even if the latter be in the custody of a third person of her own free will. patent

Nature The weight of the return is determined by the color of authority, or the lack of it, for which the person
a summary remedy is detained
analogous to a proceeding in rem prima facie evidence if it appears that the prisoner is in custody under a warrant of commitment in
does not act upon the prisoner but upon the person who holds him in what is alleged to be the pursuance of law
unlawful authority plea of facts if restrained by any alleged private authority; the party claiming the custody must prove
such facts
Availability
may be issued even if another remedy, which is less effective may be availed of Grant of writ
as post-conviction remedy: the court may grant the writ and the prisoner shall be released when it is satisfied that the officer or
a. violation of the accuseds constitutional right person detaining the prisoner does not desire to appeal (within 48 hours, under Rule 41)
-results in the loss or absence of jurisdiction; void judgment may be challenged by collateral attack
b. the court trying the case has no jurisdiction Removal of prisoner from one custody to another
c. the penalty imposed is excessive or beyond what the court could legally impose, voiding the sentence a. by legal process
as to the excess b. delivered to an inferior officer to carry to jail
c. by order of the proper court/judge for the transfer from one place to another w/in the PH
When NOT applicable/ disallowed or discharged for trial
not proper for asserting or vindicating the denial of the right to bail (remedy is to quash the d. in case of FEIOP
information and/or the warrant of arrest
may not enforce marital rights including co-venture and living in conjugal dwelling
supervening events (filing of information, issuance of process) WRIT OF HC in relation to CUSTODY OF MINORS
improper arrest or lack of PI; remedy is to quash warrant and conduct or direct PI
invalid arrest due to deportation cases cured by filing deportation proceeding any person claiming such right may file a verified petition (with certificate against forum shopping)

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should be filed with FC, or regular courts if no FC or FC judge; enforceable only in the judicial region
may be filed with SC/ CA/ justices; enforceable anywhere in the PH
motion to dismiss is not allowed except LOJ; other grounds must be raised as an affirmative defense Locus Standi or standing to file petition
in the answer Oposa v. Factoran: intergenerational responsibility; the suit was allowed to be brought in the name of
if both parties are unfit, the court may designate: 1) grandparents; 2) older brother/sister; 3) any generations yet unborn, based on the right to a balanced and healthful ecology is concerned
reputable person; 4) commit to any suitable home for children Arigo v. Swift case: the Rules allows the filing of a citizen suit in environmental cases
the parent who is deprived of the care and custody may be allowed to visit or have temporary custody *SC denied the petition on the ground of political question; defers to the Executive branch on the
MR/MNT first within 15 days before appeal matter of compensation and rehabilitation measures
tender age presumption Resident Marine Mammals of the Protected Seascape Tanon Strait v. Sec. Reyes: resident marine mammals
-GR: the mother is to be preferred in awarding custody of children under age of 7 and stewards have legal standing to file the petition; the Rules allow any Filipino citizen, as a steward of
EXPN: the court finds cause to order otherwise nature, to bring a suit to enforce our environmental laws.
-No child under 7 years of age shall be separated from the mother, unless the court finds compelling *petition was filed in 2007 or before effectivity of the Rules but was retroactively applied
reasons to order otherwise. (Art. 363, CC & Art. 213 FC)mandatory in character Section 5. Citizen suit. Any Filipino citizen in representation of others, including minors or
compelling reasons- moral dereliction, no effect on the baby who is as yet unable to understand the generations yet unborn, may file an action to enforce rights or obligations under environmental
situation; unsuitable: neglect, abandonment, unemployment, immorality, habitual drunkenness, drug laws. Upon the filing of a citizen suit, the court shall issue an order which shall contain a brief
addiction, maltreatment, insanity, affliction with a communicable disease; immorality due to lesbian description of the cause of action and the reliefs prayed for, requiring all interested parties to manifest
relations alone does not prove neglect or incompetence, not even being a prostitute or unfaithfulness their interest to intervene in the case within fifteen (15) days from notice thereof. The plaintiff may
to husband; it should be established that moral lapses have had an adverse effect on the welfare of the publish the order once in a newspaper of a general circulation in the Philippines or furnish all affected
child. barangays copies of said order.
- collapses the traditional rule on personal and direct interest, on the principle that humans are
stewards of nature

Magnitude of environmental damage


WRIT OF AMPARO must be of such magnitude as to prejudice life, health or property of inhabitants in two or more cities or
provinces
right to security is freedom from fear, a guarantee of bodily and psychological integrity or security, Discovery Measures
and a guarantee of protection of ones right by the government Ocular Inspection Order- to establish the magnitude of the violation or the threat; shall state in
extralegal killings
detail the place or places to be inspected; shall be supported by affidavits of witness having
enforced disappearances
only substantial evidence is required personal knowledge of the violation or threatened violation of environmental law
effect of the order: may order any person in possession or control of a designated land or other
property to permit entry for the purpose of inspecting or photographing the property or any
relevant object or operation thereon.
Production/ Inspection of documents or things- to establish the magnitude of the violation or
the threat
effect of the order: may order any person in possession, custody or control of any designated
documents, papers, books, accounts, letters, photographs, objects or tangible things, or objects in
digitized or electronic form, which constitute or contain evidence relevant to the petition or the
return, to produce and permit their inspection, copying or photographing by or on behalf of the
WRIT OF KALIKASAN movant.

A.M. No. 09-6-8-SC, April 13, 2010.

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*interim reliefs available WA

*discovery measures WK

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