CHAPTER XVI

SPECIAL WRITS

There are four special writs which the courts may issue. These writs essentially involve the violation or threatened violation of certain
constitutional rights. The Supreme Court promulgated the rules by which these writs may be issued pursuant to its power to promulgate rules
concerning the protection and enforcement of constitutional rights. These four writs are as follows:
(1) Writ of Habeas Corpus
(2) Writ of Amparo
(3) Writ of Habeas Data
(4) Writ of Kalikasan

Habeas Corpus, Amparo, Habeas Data and Kalikasan

The Writs of Habeas Corpus, Amparo, Habeas Data and Kalikasan may be distinguished as follows:

Habeas Corpus Amparo Habeas Data Kalikasan

Essence The writ of habeas corpus
involves the right to liberty. It
extends to all cases of illegal
confinement or detention by
which any person is deprived
of his liberty, or by which the
rightful custody of any
person is withheld from the
person entitled thereto.
Definition “Habeas corpus” literally
means “you have the body”
in Latin.
The writ of amparo involves
the right to life, liberty, and involves the right to privacy
security. It covers
extrajudicial killings, enforced
disappearances, and threats
thereof.
“Amparo” traces its origin
from the Spanish word
“amparer,” to which
translates “to protect.”
The writ of habeas data
in life, liberty, and security.
“Habeas data” translates to
“you have this data.
The writ of kalikasan
involves the right to a
balanced and healthful
ecology involving
environmental damage of
such magnitude as to
prejudice the life, health or
property of inhabitants in
two or more cities or
provinces.

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Availability It is a writ directed to the
person detaining another,
commanding him to produce
the body of the prisoner at a
designated time and place,
with the day and cause of his
caption and detention, to do,
submit to, and receive
whatever the court or judge
awarding the writ shall
consider in that behalf.
Available (1) Deprivation of liberty;
Against and
(2) Withholding the rightful
custody of any person
The writ of amparo is a
remedy available to one
whose right to life, liberty,
and security are violated or
threatened with violation by
an unlawful act or omission
of a public official or
employee, or of a private
individual or entity. The writ
covers extralegal killings and
enforced disappearances or
threats thereof.
A violation or threatened
violation by an unlawful act
or omission of:
(1) A public official;
It is a remedy available to any
person whose right to privacy
in life, liberty, or security is
violated or threatened by an
unlawful act or omission of a
public official or employee,
or of a private individual or
entity engaged in the
gathering, collecting or
storing of data or information
regarding the person, family,
home and correspondence of
the aggrieved party.
A violation or threatened
violation of the right to
privacy in life, liberty, and
security violation by an
unlawful act or omission of:
It is a special remedy
available to a natural or
juridical person, entity
authorized by law, people’s
organization, non-
governmental
organization, or any public
interest group accredited
by or registered with any
government agency, on
behalf of persons whose
constitutional right to a
balanced and healthful
ecology is violated, or
threatened with violation
by an unlawful act or
omission of a public official
or employee, or of a
private individual or entity
involving environmental
damage of such magnitude
as to prejudice the life,
health or property of
inhabitants in two or more
cities or provinces.
A violation or threatened
violation of the right to a
balanced and healthful
ecology by an unlawful act
or omission of:
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 (2) A public employee;
and
(3) A private individual or
entity
Coverage (1) All cases of illegal (1) Extrajudicial killings
confinement or detention (2) Enforced disappearances
by which any person is
deprived of his liberty
(2) The rightful custody of
any person withheld from
the person entitled
thereto
Who May File Party for whose relief it is Aggrieved party, or any
intended, or by some person qualified person or entity in
on his behalf. the following order:
(1) Any member of the
immediate family,
namely: the spouse,
children, and parents of
the aggrieved party;
(2) Any ascendant,
descendant or collateral
(1) A public official;
(2) A public employee;
and
(3) A private individual or
entity
Engaged in the gathering,
collecting, or storing of data
or information regarding the
person, family, home and
correspondence of the
aggrieved party.
(1) Gathering
(2) Collecting
(3) Storing of data or
information
Regarding:
(1) Person
(2) Family
(3) Home
(4) Correspondence
General Rule: Aggrieved
party
Exception: In cases of
extralegal killings and
enforced disappearances, the
petition may be filed by:
(1) Any member of the
immediate family of the
aggrieved party, namely:
(1) A public official;
(2) A public employee;
and
(3) A private individual
or entity
Environmental damage of
such magnitude as to
prejudice the life, health or
property of inhabitants in
two or more cities or
provinces.
(1) A natural or juridical
person;
(2) Entity authorized by
law;
(3) People’s organization,
non-governmental
organization, or any
public interest group
accredited by or
registered with any
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(3) Any concerned citizen,
Venue (1) Regional Trial Court
where the person is
detained
(2) Sandiganbayan
(3) Court of Appeals
(4) Supreme Court
(5) Or any Justice of the
the three preceding
courts
relative of the aggrieved
party within the fourth
civil degree of
consanguinity or affinity,
in default of those
mentioned in the
preceding paragraph; or
organization, association
or institution, if there is
no known member of the
immediate family or
relative of the aggrieved
party
(1) Regional Trial Court of
the place where the
threat, act, or
omission was
committed or any of
its elements occurred
the spouse, children, and government agency, on
parents behalf of persons
whose constitutional
right to a balanced and
healthful ecology is
violated or threatened
with violation.
(2) Regional Trial Court (1) Supreme Court
where the petitioner (2) Court of Appeals
or respondent
resides, or that which
has jurisdiction over
the place where the
data or information is
gathered, collected,
or stored, at the
option of the
petitioner
(3) Sandiganbayan
(4) Court of Appeals
(5) Supreme Court
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Enforceability Issued by the Sandiganbayan,
of the Writ Court of Appeals, Supreme
Court: Anywhere in the
Philippines issued by the
Regional Trial Court: Judicial
district
Where Writ is Issued by: Regional Trial
Returned Court or judge thereof:
Before such court or judge
Sandiganbayan, Court of
Appeals, or any of its justices:
 Before such court or
justice thereof
when the action concerns
public data filed of
government offices
Anywhere in the Philippines Anywhere in the Philippines
Issued by: Regional Trial Issued by: Regional Trial
Court or judge thereof: Court or judge thereof:
Before such court or judge Before such court or judge
 Sandiganbayan, Court Sandiganbayan, Court of
of Appeals, or any of Appeals, or any of its justices:
its justices:  Before such court or
 Before such court or justice thereof
justice thereof  Any Regional Trial
 Any Regional Trial Court where the
Court where the petitioner or
threat, act, or respondent resides,
omission was or that which has
committed or any of jurisdiction over the
its elements occurred place where the data
or information is
gathered, collected,
or stored
Supreme Court or any of its
justices:
 Before such court or
justice thereof
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  Before the Court of
Appeals or the
Sandiganbayan, or
any of its justices
 Any Regional Trial
Court where the
petitioner or
respondent resides,
or that which has
jurisdiction over the
place where the data
or information is
gathered, collected,
or stored
When to On any day and at any time On any day and at any time Only indigent petitioner is Exempt from payment of
File/Docket Exempt from docket and exempt from docket and docket fees
Fees other lawful fees other lawful fees
Contents of (1) Person in whose behalf of (1) Personal circumstances of (1) Personal circumstances of (1) Personal circumstances
Petition the application is made is the petitioner; the petitioner and the of the petitioner;
imprisoned or restrained (2) Name and personal respondent; (2) Name and personal
on his liberty; circumstances of the (2) Manner the right to circumstances of the
(2) Officer or name of the respondent responsible privacy is violated or respondent or if the
person by whom he is so for the threat, act or threatened and how it name and personal
imprisoned or restrained; omission, or if the name affects the right to life, circumstances are
or, if both are unknown is unknown or uncertain, liberty or security of the unknown and
or uncertain, such officer the respondent may be aggrieved party; uncertain, the
or person may be described by an assumed (3) Actions and recourses respondent may be
described by an assumed appellation; taken by the petitioner to described by an
appellation, and the (3) Right to life, liberty and secure the data or assumed appellation;
person who is served security of the aggrieved information;

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 with the writ shall be party violated or
deemed the person threatened with violation
intended; by an unlawful act or
(3) Place where he is so omission of the
imprisoned or restrained, respondent, and how
if known; such threat or violation is
(4) A copy of the committed with the
commitment or cause of attendant circumstances
detention of such person, detailed in supporting
if it can be procured affidavits;
without impairing the (4) Investigation conducted,
efficiency of the remedy; if any, specifying the
or, if the imprisonment or names, personal
restraint is without any circumstances, and
legal authority, such fact addresses of the
shall appear. investigating authority or
The petition shall be signed individuals, as well as the
and verified. manner and conduct of
the investigation together
with any report;
(5) Actions and recourses
taken by the petitioner to
determine the fate or
whereabouts of the
aggrieved party and the
identity of the person
responsible for the
threat, act or omission;
and
(6) Relief prayed for
(4) Location of the files, (3) Environmental law,
registers or databases, rule or regulation
the government office, violated or threatened
and the person in charge, to be violated, the act
in possession or in or omission
control of the data or complained of, and the
information, if known; environmental damage
(5) Reliefs prayed for, which of such magnitude as
may include the updating, to prejudice the life,
rectification, suppression health or property of
or destruction of the inhabitants in two or
database, information, or more cities or
files kept by the provinces.
respondent; (4) All relevant and
(6) In case of threats, the material evidence
relief may include a consisting of the
prayer for an order affidavits of witnesses,
enjoining the act documentary evidence,
complained of; and scientific or other
(7) Such other relevant expert studies, and if
reliefs as are just and possible, object
equitable. evidence;
The petition shall be in (5) Certification against
writing and must be verified. forum shopping; and
(6) Reliefs prayed for,
which may include a
prayer for the issuance
of a Temporary
Environmental
Protection Order.
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Issuance of  Writ shall be issued if it  Writ shall be issued if on
the Writ appears that the writ
ought to issue
 The clerk of court shall
issue the writ under the
seal of the court; or in
case of emergency, the
judge may issue the writ
under his own hand, and
may depute any officer or
person to serve it.
Summary
Hearing
How Writ is By leaving the original with
Served the person to whom it is
The petition must be signed
and verified.
 Writ shall be issued if on
its face it ought to issue its face it ought to issue
 The clerk of court shall  The clerk of court shall
issue the writ under the issue the writ under the
seal of the court; or in seal of the court and
case of urgent necessity, cause it to be served
the justice or the judge within three days from
may issue the writ under the issuance; or in case of
his own hand, and may urgent necessity, the
deputize any officer or justice or the judge may
person to serve it. issue the writ under his
own hand, and may
deputize any officer or
person to serve it.
Not later than seven days Not later than ten working
from the date the writ was days from the date the writ
issued. was issued.
The writ shall be served upon The writ shall be served upon
the respondent by a judicial the respondent by a judicial
The petition must be
verified.
 Within three days from
the date of filing of the
petition, if the petition
is sufficient in form and
substance, the court
shall give an order: (a)
issuing the writ; and (b)
requiring the
respondent to file a
verified return.
 The clerk of court shall
forthwith issue the writ
under the seal of the
court including the
issuance of a cease and
desist order and other
temporary reliefs
effective until further
order.
The hearing including the
preliminary conference
shall not extend beyond 60
days and shall be given
priority as petitions for the
writs of habeas corpus,
amparo, and habeas data.
The writ shall be served
upon the respondent by a
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 directed and preserving a
copy on which to make
return or service. If that
person cannot be found, or
has not the prisoner in his
custody, then the service
shall be made on any other
person having or exercising
such custody.
Return  The return or statement
shall be signed by the
person who makes it.
 The return shall also be
sworn by him if the
prisoner is not produced.
 In all other cases unless
the return is made and
signed by a sworn public
officer in his official
capacity.
officer or by a person
deputized by the court,
justice or judge who shall
retain a copy on which to
make a return of service. In
case the writ cannot be
served personally on the
respondent, the rules of
substituted service shall
apply.
 Within 72 hours after
service of the writ, the
respondent shall file a
verified written return
together with supporting
affidavits.
officer or by a person
deputized by the court,
justice or judge who shall
retain a copy on which to
make a return of service. In
case the writ cannot be
served personally on the
respondent, the rules of
substituted service shall
apply.
 Verified written return
together with supporting
affidavits within five
working days from the
service of the writ.
 The period may be
reasonably extended by
the Court for justifiable
reasons.
court officer or any person
deputized by the court,
who shall retain a copy on
which to make a return of
service. In case the writ
cannot be served
personally on the
respondent, the rules of
substituted service shall
apply.
 Within a non-
extendible period of
ten days after service
of the writ, the
respondent shall file a
verified return which
shall contain all
defenses to show that
respondent did not
violate or threaten to
violate, or allow the
violation of any
environmental law,
rule or regulation or
commit any act
resulting to
environmental damage
of such magnitude as
to prejudice the life,
health or property of
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Effect of Hearing of the petition shall  Hearing of the petition
Failure to File proceed ex parte shall proceed ex parte
a Return  The court may also grant
the petitioner such relief
as the petition may
warrant unless the court
in its discretion required
the petitioner to submit
evidence.
inhabitants in two or
more cities or
provinces.
 All defenses not raised
in the return shall be
deemed waived.
 The return shall include
affidavits of witnesses,
documentary evidence,
scientific or other
expert studies, and if
possible, object
evidence in support of
the defense of the
respondent.
 A general denial of
allegations in the
petition shall be
considered as an
admission thereof.
Hearing of the petition
shall proceed ex parte
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Prohibited (1) Motion to dismiss
Pleadings and (2) Motion for extension of
Motions time to file return,
opposition, affidavit,
position paper and other
pleadings;
(3) Dilatory motion for
postponement;
(4) Motion for a bill of
particulars;
(5) Counterclaim or
crossclaim;
(6) Third party complaint;
(7) Reply;
(8) Motion to declare
respondent in default;
(9) Intervention;
(10) Memorandum
(11) Motion for
reconsideration of
interlocutory orders or
interim relief orders; and
(12) Petition for certiorari,
mandamus or prohibition
against any interlocutory
order.
Available (1) Temporary Protection
Interim Reliefs Order
(2) Inspection Order
(3) Production Order
(1) Motion to dismiss (1) Motion to dismiss
(2) Motion for extension of (2) Motion for
time to file return, extension of time
opposition, affidavit, to file return,
position paper and other opposition,
pleadings; affidavit, position
(3) Dilatory motion for paper and other
postponement; pleadings;
(4) Motion for a bill of (3) Motion for
particulars; postponement;
(5) Counterclaim or (4) Motion for a bill of
crossclaim; particulars;
(6) Third party complaint; (5) Counterclaim or
(7) Reply; crossclaim;
(8) Motion to declare (6) Third party
respondent in default; complaint;
(9) Intervention; (7) Reply; and
(10) Memorandum (8) Motion to declare
(11) Motion for respondent in
reconsideration of default
interlocutory orders or
interim relief orders; and
(12) Petition for certiorari,
mandamus or prohibition
against any interlocutory
order.
(1) Ocular Inspection
Order
(2) Inspection Order
(3) Production Order
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Judgment When the court or judge has
examined into the cause of
caption and restraint of the
prisoner, and is satisfied that
he is unlawfully imprisoned
or restrained, he shall:
 Forthwith order his
discharge from
confinement
 Such discharge shall not
be effective until a copy
of the order has been
served on the officer or
person detaining the
prisoner
 If the officer or person
detaining the prisoner
does not desire to appeal.
The prisoner shall be
forthwith released.
(4) Witness Protection Order
The court shall render
judgment within ten days
from the time the petition is
submitted for decision. If the
allegations in the petition are
proven substantial evidence,
the court shall grant the
privilege of the writ and such
reliefs as may be proper and
appropriate; otherwise, the
privilege shall be denied.
The court shall render
judgment within ten days
from the time the petition is
submitted for decision. If the
allegations in the petition are
proven substantial evidence,
the court shall enjoin the act
complained of, or order the
deletion, destruction, or
rectification of the erroneous
data or information and
grant other relevant reliefs as
may be just and equitable;
otherwise, the privilege of
the writ shall be denied.
Upon its finality, the
judgment shall be enforced
by the sheriff or any lawful
officers as may be designated
by the court, justice or judge
within five working days.
The court shall render
judgment granting or
denying the privilege of the
writ of kalikasan within 60
days from the time the
petition is submitted for
decision. The reliefs that
may be granted under the
writ are the following:
 Directing respondent
to permanently cease
and desist from
committing acts or
neglecting the
performance of a duty
in violation of
environmental laws
resulting in
environmental
destruction or damage;
 Directing the
respondent public
official, government
agency, private person
or entity to protect,
preserve, rehabilitate,
or restore the
environment;
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 Directing the
respondent public
official, government
agency, private person
or entity to monitor
strict compliance with
the decision and orders
of the court;
 Directing the
respondent public
official, government
agency, private person
or entity to make
periodic reports on the
execution of the final
judgment; and
 Such other reliefs
which relate to the
right if 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.

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Appeal 48 hours from notice of Any party may appeal from
judgement appealed from by the final judgement or order
ordinary appeal. to the Supreme Court under
Rule 45.
The appeal may raise
questions of fact or law or
both.
The period of appeal shall be
five working days from the
date of notice of the adverse
judgment.
Institution of The Rule does not preclude
Separate the filing of separate
Actions criminal, civil, or
administrative actions.
Effect of Filing When a criminal action has
a Criminal been commenced, no
Action separate petition for the writ
shall be filed. The reliefs
under the writ shall be
available by motion in the
criminal case.
Consolidation When a criminal action is
filed subsequent to the filing
of a petition for the writ, the
Any party may appeal from
the final judgement or order
to the Supreme Court under
Rule 45.
The appeal may raise
questions of fact or law or
both.
The period of appeal shall be
five working days from the
date of notice of the adverse
judgment.
The Rule does not preclude
the filing of separate
criminal, civil, or
administrative actions.
When a criminal action has
been commenced, no
separate petition for the writ
shall be filed. The reliefs
under the writ shall be
available by motion in the
criminal case.
When a criminal action is
filed subsequent to the filing
of a petition for the writ, the
Any party may appeal from
the final judgement or
order to the Supreme
Court under Rule 45.
The appeal may raise
questions of fact or law or
both.
The period of appeal must
be taken within 15 days
from the date of notice of
the adverse judgment or
denial of motion for
reconsideration.
The filing of a petition for
the issuance of the writ of
kalikasan shall not
preclude the filing of
separate criminal, civil, or
administrative actions.
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latter shall be consolidated
with the criminal action.
When a criminal action and a
separate civil action are filed
subsequent to a petition for a
writ of amparo, the latter
shall be consolidated with
the criminal action.
After consolidation, the
procedure under this Rule
shall continue to apply to the
disposition of the reliefs in
the petition.
latter shall be consolidated
with the criminal action.
When a criminal action and a
separate civil action are filed
subsequent to a petition for a
writ of habeas data, the
petition shall be consolidated
with the criminal action.
After consolidation, the
procedure under this Rule
shall govern the disposition
of the reliefs in the petition.
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