Professional Documents
Culture Documents
Definition You have the body (Latin) Amparer, to protect (Spanish) You have the data
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 a. natural or juridical person,
and parents of the aggrieved party;
the aggrieved party, namely: the spouse, b. entity authorized by law,
b. Any ascendant, descendant or
children and parents; or c. peoples organization, non-governmental
1. The party for whose relief it is collateral relative of the aggrieved
b. Any ascendant, descendant or collateral organization, or any public interest group
intended, or party within the fourth civil degree
Who may file 2. Any person on his behalf (R102, S3) relative of the aggrieved party within the accredited by or registered with any
of consanguinity or affinity, in
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
family or relative of the aggrieved
of 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
WRIT OF HABEAS CORPUS not proper for asserting or vindicating the denial of the right to bail (remedy is to quash the
information and/or the warrant of arrest
Confinement/detention involved either of two things: may not enforce marital rights including co-venture and living in conjugal dwelling
a. deprivation of liberty supervening events (filing of information, issuance of process)
b. the rightful custody of any person is withheld from the person entitled thereto improper arrest or lack of PI; remedy is to quash warrant and conduct or direct PI
palladium of liberty, a prerogative writ, does not issue as a matter of right but in the sound invalid arrest due to deportation cases cured by filing deportation proceeding
discretion of the court or judge when the remedy of appeal or certiorari is available; not permitted to perform the functions of a writ
the judgement in favour of the applicant cannot contain a provision for damages of error or appeal
summons not required; by said service of the writ, the court acquires jurisdiction over the person of in the custody of an officer:
the respondent a. under process issued by a court/judge
b. by virtue of a judgment/order of a court of record
Purpose/Object c. the court/judge had jurisdiction to issue the process, render the judgment or make the order
to inquire into all manner of involuntary restraint as distinguished from voluntary, and to relieve a discharge of the writ shall not be authorized upon showing that a person is:
person therefrom is restraint is illegal; any restraint which will preclude freedom of action is a. charged with
sufficient b. convicted of an offense
to relieve a person from an unlawful restraint c. suffering imprisonment under lawful judgment
a speedy and effectual remedy to relieve persons from unlawful restraint and as an effective defense under a restrictive custody
of personal freedom release of a detained person renders the petition moot and academic
restraint of liberty must be in the nature of illegal and involuntary deprivation of freedom of EXPN: when there are restraints attached to his release
action
!!! even if voluntary: the writ is still the proper legal remedy to enable parents to regain the custody of a Peremptory vs Preliminary
minor child, even if the latter be in the custody of a third person of her own free will. Peremptory- unconditionally commanding the respondent to have the body of the detained person
before the court at the time and place specified; issued when the cause of the detention appears to be
Nature patently illegal
a summary remedy Preliminary- requires the person to appear and show cause why the peremptory writ should not be
analogous to a proceeding in rem granted; issued when a government officer has the person in custody, the illegality of which is not
does not act upon the prisoner but upon the person who holds him in what is alleged to be the patent
unlawful authority
The weight of the return is determined by the color of authority, or the lack of it, for which the person
Availability is detained
may be issued even if another remedy, which is less effective may be availed of prima facie evidence if it appears that the prisoner is in custody under a warrant of commitment in
as post-conviction remedy: pursuance of law
a. violation of the accuseds constitutional right plea of facts if restrained by any alleged private authority; the party claiming the custody must prove
-results in the loss or absence of jurisdiction; void judgment may be challenged by collateral attack such facts
b. the court trying the case has no jurisdiction
c. the penalty imposed is excessive or beyond what the court could legally impose, voiding the sentence Grant of writ
as to the excess the court may grant the writ and the prisoner shall be released when it is satisfied that the officer or
person detaining the prisoner does not desire to appeal (within 48 hours, under Rule 41)
When NOT applicable/ disallowed or discharged
Removal of prisoner from one custody to another
a. by legal process
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
for trial
d. in case of FEIOP
WRIT OF AMPARO
Magnitude of environmental damage
right to security is freedom from fear, a guarantee of bodily and psychological integrity or security, must be of such magnitude as to prejudice life, health or property of inhabitants in two or more cities or
and a guarantee of protection of ones right by the government provinces
extralegal killings Discovery Measures
enforced disappearances Ocular Inspection Order- to establish the magnitude of the violation or the threat; shall state in
only substantial evidence is required detail the place or places to be inspected; shall be supported by affidavits of witness having
personal knowledge of the violation or threatened violation of environmental law
*discovery measures WK