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R102 - Writ of Habeas Corpus

A. Contents of the verified petition judgment or order of a court of record

a) That the person in whose behalf the which ahs jurisdiction to issue the process,
application is made is imprisoned or render the judgment or make the order;
restrained of his liberty; c) Person is charged with or convicted of an
b) Name of the person detaining another; offense in the PH;
c) Place where he is imprisoned or d) If the person is suffering imprisonment
restrained of his liberty; under lawful judgment
d) Cause of his detention e) Three day detention of a suspect without
e) Verified petition must be signed charge provided ha the arrest of those
B. Contents of the return: signed and sworn suspected of the crime of terrorism or
a) Whether he has the person in custody conspiracy to commit terrorism must be in
b) Whether he has authority or copy of the accordance with the Act.
order (1) S4 – if it appears that the person
c) Nature and gravity with infirmity alleged to be restrained of his liberty
d) Transfer of custody is in the custody of an officer:
(1) Under process issued by a court
C. Distinguish peremptory writ from preliminary or judge or
citation (2) By virtue of a judgment or order
a) PRELIMINARY CITATION = if the of a court of record
detention of a person is not patently = writ shall not be allowed
illegal, the court will issue the citation to (2) Discharged = nor shall anything in this
the govt officer having custody to show rule be held to authorize the discharge of a person charged
cause why the writ of habeas corpus with or convicted of an offense in the PH, or of a person
should not be issued suffering imprisonment under lawful judgment.
b) PEREMPTORY WRIT = if the cause of F. Distinguish from amparo and habeas data (see
detention is patently illegal. Non- chart)
compliance is punishable. G. Allowed post-conviction? Yes, 48 hours from
D. When not proper/applicable (jurisprudence) notice of judgment
a) For asserting or vindicating the denial of a) There has been a deprivation of a
the right to bail constitutional right in restraint of person
b) For correcting errors in the appreciation b) Court has no jd to impose sentence
of facts or law c) Imposed penalty has been excessive
c) Trial court had jd, the mistake committed H. Rule on custody of Minors and Writ of Habeas
by the trial court, if any, refers to the Corpus in Relation to Custody of Minors (A.M.
appreciation of the facts and/or in the No. 03-04-04-SC)
appreciation of the law, which cannot be a) Where to file: Family Court where
corrected by habeas corpus petitioner resides or minor may be found
d) Once a person detained is duly charged in b) order of preference in awarding custody:
court, he may no longer question his (1) both parents jointly
detention through this petition. His (2) either parent
remedy is to quash the information or (3) grand parent
warrant of arrest. (4) eldest sibling over 21
E. When writ disallowed/discharged (JUCIT) (5) actual custodian over 21
a) Jurisdiction appears after the writ is (6) any other institution
allowed c) enforceable within judicial region
b) Person is in the custody of an officer under
process issued by a court or by virtue of a
Writ of Amparo (A.M. No. 07-9-12-SC)
A. Coverage I. Institution of separate action
B. Distinguish from habeas corpus and habeas J. Effect of filing of a criminal action
data K. Consolidation
C. Differences between amparo and search L. Interim reliefs available to petitioner and
warrant * respondent *
a) TPO – upon motion or motu proprio, the
court will order that the petitioner or the
aggrieved party and any member of the
immediate family be protected in a govt
agency or by any accredited person or
private institution capable of keeping and
securing their safety. If petitioner is an
organization, the protection may be
extended to the officers
b) Inspection Order –upon entry, to permit
entry for purposes of inspecting,
measuring, surveying, or photographing
D. Who may file the property or any relevant object or
E. Contents of return operation thereon.
F. Effects of failure to file return c) Production Order – upon motion, may
G. Omnibus waiver rule * order any person in possession, custody or
a) The respondent must plead all his defense control of any designated document, to
in the return. Failure to do so shall operate produce and permit their inspection,
as a waiver of such defenses not therein copying, on behalf of the movant
pleaded (AM 7-9-23-SC, S10) d) WPO – on motion or motu proprio, may
H. Procedure for hearing * refer the witnsses to the DOJ for
a) Summary – but the judge can call a admission to the Witness Protection
preliminary conference to simplify the Program or to other govt agencies, or wto
issues and determine the possibility of accredited persons or private institutions
obtaining stipulations and admissions capable of keeping and securing their
from the parties. safety.
b) The hearing shall be held on a daily basis M. Quantum of proof in application for issuance of
until completed and is given the same writ of amparo
priority as that of petitions for writ of
habeas corpus.
Writ of Habeas Data (A. M. No. 08-1-16-SC)
A. Scope of writ G. Instances when petition may be heard in
B. Availability of writ * chambers *(AM 9-1-16-SC, S12)
a) Not available in a) Where the respondent invokes the
(1) Labor cases where no unlawful defense that:
violation of the right to life, liberty, or (1) The release of the data or information
security in question shall comprise national
(2) When respondents in the petition for security or state secrets or
issuance of the writ are not gathering, (2) Data or information cannot be
collecting, storing data, or divulged to the public due to its
information nature or privileged character
C. Distinguish from habeas corpus and amparo H. Consolidation
D. Who may file I. Effect of filing of a criminal action
E. Contents of the petition J. Institution of separate action
F. Contents of return K. Quantum of proof in application for issuance of
writ of habeas data
R107 Absentees
A. Purpose of the rule - to provide an administrator of the property of the absentee.
a) Absentee –
(1) Person disappears
(2) Whereabouts are unknown
(3) Leaves no agent or upon expiration of power of agent, during the first 2 years
B. Who may file
a) Spouse present
b) Heirs instituted in a will, who may present an authentic copy of the same
c) Relatives who would succeed by law of intestacy
d) Those who have over the property of the absentee some right subordinated to the condition of his
death (NCC, A385)
C. when to file - depends on period of absence
a) 0 to 2 years: petition for appointment of representative
b) 2 to 7 years: petition for declaration of absence and appointment of administrator or trustee may be
c) beyond 7 years: considered dead for all intents and purposes except for succession; for marriage: 4
years of continuous absence shall be sufficient for the present spouse to remarry.

R108 Cancellation or correction of entries in the Civil Registry

*Entries subject to cancellation or correction under Rule108, in relation to R.A. No. 9048 (Clerical Error Act)


1. birth
2. marriage
3. death
4. legal separation
5. judgments of annulments of marriage
6. judgments declaring marriages void from the beginning
7. legitimations
8. adoptions
9. acknowledgments of natural children
10. naturalization
11. election, loss, or recovery of citizenship
12. civil interdiction
13. judicial determination of filiation
14. voluntary emancipation of a minor
15. change of name