REMEDIAL LAW SUPPLEMENT 2017
II. JURISDICTION
PAGE 12
1. SUPREME COURT
(Feria and Noche, pp.665-668)
(a) ORIGINAL JURISDICTION
i. Original and Exclusive
4. With Actions affecting ambassadors,
the other public ministers and
RTC consuls.
Note:
Pursuant to Republic Act No.
10660, the Regional Trial Court
shall have exclusive original
jurisdiction where the
information:
(a) does not allege any damage
to the government or any
bribery; or
(b) alleges damage to the
government or bribery arising
from the same or closely related
transactions or acts in an
amount not exceeding One
million pesos (P1,000,000.00).
S. SPECIAL CIVIL ACTION
PAGE 240
5. DECLARATORY RELIEF (Rule 63)
a. WHO MAY FILE ACTION AND
WHERE TO FILE IT
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Note: Regional Trial Courts have
exclusive jurisdiction over petitions for
declaratory relief under the first
paragraph of Section 1, Rule 63.
To determine which court has jurisdiction
over the actions identified in the second
paragraph of Section 1, Rule 63 of the
Rules of Court, said provision must be
read together with those of the Judiciary
Reorganization Act of 1980.
Under Section 33 thereof, MTC has
jurisdiction if the assessed value of the
property or interest therein does not
exceed P20,000.00 in civil actions
outside of Metro Manila and P50,000
within Metro Manila, exclusive of interest,
damages of whatever kind, attorney’s
fees, litigation expenses and costs.
(Malana vs. Tappa)
MISSING TOPICS
Participation of SolGen (3.18.2.8 of the
syllabus)
The Office of the Solicitor General shall
“represent the Government in the
Supreme Court and the Court of Appeals
in all criminal proceedings; represent the
Government and its officers in the
Supreme Court and Court of Appeals,
and all other courts or tribunals in all civil
actions and special proceedings in
which the Government or any officer
thereof in his official capacity is a party.”
(Book IV, Title III, Chapter 12, Section
35(1) of the Administrative Code of
1987)
The Solicitor General is the sole
representative of the People of the
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 Philippines in appeals before the CA and
the Supreme Court. Failure to have a
copy of a petition served on the People
of the Philippines, through the OSG, is a
sufficient ground for the dismissal of the
petition as provided in Section 3, Rule 42
of the Rules of Court. (People v. Duca,
G.R. No. 171175, 2009)

Final Judgment Rule (3.18.2.3.2.1 of the

syllabus)

General rule: Final and executory

judgments are immutable and
unalterable.
Exceptions:
(a) clerical errors;
(b) nunc pro tunc entries which cause no
prejudice to any party; and
(c) void judgments. (Brion-Vazquez vs.
Court of Appeals)

Where the judgment of a higher court

has become final and executory and has
been returned to the lower court, the
only function of the latter is the
ministerial act of carrying out the
decision and issuing the writ of
execution. (Antonio Mendoza vs. Fil-
Homes Realty Development
Corporation)

Underlying reason:
(1) to avoid delay in the administration of
justice and thus make orderly the
discharge of judicial business, and
(2) to put judicial controversies to an
end, at the risk of occasional errors,
inasmuch as controversies cannot be
allowed to drag on indefinitely and the
rights and obligations of every litigant
must not hang in suspense for an
indefinite period of time. (Navarro vs.
Metropolitan Bank and Trust Company)

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Annex A: COMPARATIVE TABLE

WRIT OF HABEAS CORPUS WRIT OF AMPARO WRIT OF HABEAS DATA

Governing law Rules of Court - Rule 102 A.M. No. 07-9-12-SC A. M. No. 08-1-16-SC

Definition The writ of habeas corpus shall
extend 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.
Remedy available to any person A remedy available to any person
whose right to life, liberty andwhose right to privacy in life,
security is violated or threatened
liberty or security is violated or
with violation by an unlawful act or
threatened by an unlawful act or
omission of a public official oromission of a public official or
employee, or of a private employee, or of a private
individual or entity. individual or entity engaged in the
gathering, collecting or storing of
The writ shall cover extralegal data or information regarding the
killings and enforced person, family, home and
disappearances or threats correspondence of the aggrieved
thereof. party.

Who may file Shall be by petition signed and Shall be by petition signed and
verified
1) Either the party for whose
relief it is intended or
2) by some person on his
behalf
verified
1) Aggrieved party or
2) Any qualified person or
entity
In the following order:
1) Any member of the
immediate family (spouse,
children and parents of the
aggrieved party)
2) Any ascendant,
descendant or collateral
relative of the aggrieved
party within the 4th civil
degree of consanguinity or
affinity, or
Shall be by petition verified
Any aggrieved party.
However, in cases of extralegal
killings and enforced
disappearances, the petition may
be filed by:
(a) Any member of the immediate
family of the aggrieved party
(spouse, children and parents) or
(b) Any ascendant, descendant or
collateral relative of the aggrieved
party within the fourth civil degree
of consanguinity or affinity

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Where to file Enforceable anywhere in the
Philippines:
(1) Sandiganbayan
(2) Court of Appeals
(3) Supreme Court
Enforceable in the Judicial
District:
(1) Regional Trial Court
Record of writ, The proceedings upon a writ of No docket fees
fees, and costs habeas corpus shall be recorded
by the clerk of the court, and upon
the final disposition of such
proceedings the court or judge
shall make such order as to costs
as the case requires.
The fees of officers and witnesses
shall be included in the costs
taxed, but no officer or person
shall have the right to demand
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3) Any concerned citizen,
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
2) Sandiganbayan, the Court
of Appeals, the Supreme
Court, or any justice of
such courts. The writ shall
be enforceable anywhere
in the Philippines.
No docket fees
1) 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, at the option of the
petitioner.
2) Supreme Court or the
Court of Appeals or the
Sandiganbayan when the
action concerns public
data files of government
offices.
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 payment in advance of any fees to
which he is entitled by virtue of the
proceedings.

When a person confined under

color of proceedings in a criminal
case is discharged, the costs shall
be taxed against the Republic of
the Philippines, and paid out of its
Treasury; when a person in
custody by virtue or under color of
proceedings in a civil case is
discharged, the costs shall be
taxed against him, or against the
person who signed the application
for the writ, or both, as the court
shall direct.

Contents of Application for the writ shall be by 1) The personal
petition petition signed and verified either circumstances of the
by the party for whose relief it is petitioner;
intended, or by some person on 2) The name and personal
his behalf, and shall set forth: circumstances of the
(a) That the person in whose respondent; if the name is
behalf the application is made is unknown or uncertain, the
imprisoned or restrained on his respondent may be
liberty; described by an assumed
(b) The officer or name of the appellation;
person by whom he is so 3) The right to life, liberty and
imprisoned or restrained; or, if security of the aggrieved
both are unknown or uncertain, party violated or
such officer or person may be threatened with violation
described by an assumed by an unlawful act or
appellation, and the person who is omission of the
served with the writ shall be respondent, and how such
deemed the person intended; threat or violation is
1) The personal
circumstances of the
petitioner and the
respondent;
2) The manner the right to
privacy is violated or
threatened and how it
affects the right to life,
liberty or security of the
aggrieved party;
3) The actions and recourses
taken by the petitioner to
secure the data or
information;
4) The location of the files,
registers or databases, the
government office, and the
person in charge, in

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 (c) The place where he is so
imprisoned or restrained, if
known;
(d) A copy of the commitment
or cause of detention of such
person, if it can be procured
without impairing the efficiency of
the remedy; or, if the
imprisonment or restraint is
without any legal authority, such
fact shall appear.
Issuance of writ May be granted by the Supreme
Court, or any member thereof in
the instances authorized by law,
and if so granted it shall be
enforceable anywhere in the
Philippines, and may be made
returnable before the court or any
member thereof, or before a Court
of First Instance, or any judge
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committed with the
attendant circumstances
detailed in supporting
affidavits;
4) The investigation
conducted, if any,
specifying the names,
personal circumstances,
and addresses of the
investigating authority or
individuals, as well as the
manner and conduct of the
investigation, together
with any report;
5) The 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) The relief prayed for.
The petition may include a general
prayer for other just and equitable
reliefs.
Upon the filing of the petition, the
court, justice or judge shall
immediately order the issuance of
the writ if on its face it ought to
issue. The clerk of court shall
issue the writ under the seal of the
court; or in case of urgent
necessity, the justice or the judge
may issue the writ under his or her
possession or in control of
the data or information, if
known;
5) The reliefs prayed for,
which may include the
updating, rectification,
suppression or destruction
of the database or
information or files kept by
the respondent. In case of
threats, the relief may
include a prayer for an
order enjoining the act
complained of; and
6) Such other relevant reliefs
as are just and equitable.
Upon the filing of the petition, the
court, justice or judge shall
immediately order the issuance of
the writ if on its face it ought to
issue. The clerk of court shall
issue the writ under the seal of the
court and cause it to be served
within three (3) days from the
issuance; or, in case of urgent
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 thereof for the hearing and own hand, and may deputize any necessity, the justice or judge may
decision on the merits. It may also officer or person to serve it. issue the writ under his or her own
be granted by a Court of First hand, and may deputize any
Instance, or a judge thereof, on officer or person serve it.
any day and at any time, and
returnable before himself,
enforceable only within his judicial
district.
(Sec 2)

A court or judge authorized to

grant the writ must, when a
petition therefor is presented and
it appears that the writ ought to
issue, grant the same forthwith,
and immediately thereupon the
clerk of the 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.
(Sec 5)

When writ not If it appears that the person

allowed alleged to be restrained of his
liberty is in the custody of an
officer under process issued by a
court or judge or by virtue of a
judgment or order of a court of
record, and that the court or judge
had jurisdiction to issue the
process, render the judgment, or
make the order, the writ shall not
be allowed; or if the jurisdiction
appears after the writ is allowed,

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 the person shall not be discharged
by reason of any informality or
defect in the process, judgment,
or order. Not shall anything in this
rule be held to authorize the
discharge of a person charged
with or convicted of an offense in
the Philippines, or of a person
suffering imprisonment under
lawful judgment.

To whom writ In case of imprisonment or The writ shall be served upon the The writ shall be served upon the
directed restraint by an officer, the writ respondent. respondent.
shall be directed to him, and shall
command him to have the body of
the person restrained of his liberty
before the court or judge
designated in the writ at the time
and place therein specified. In
case of imprisonment or restraint
by a person not an officer, the writ
shall be directed to an officer, and
shall command him to take and
have the body of the person
restrained of his liberty before the
court or judge designated in the
writ at the time and place therein
specified, and to summon the
person by whom he is restrained
then and there to appear before
said court or judge to show the
cause of the imprisonment or
restraint.

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 Penalty for refusing A clerk of a court who refuses to A clerk of court who refuses to Same as Writ of Amparo
to issue or serve issue the writ after allowance issue the writ after its allowance,
the writ thereof and demand therefor, or a or a deputized person who
person to whom a writ is directed, refuses to serve the same, shall
who neglects or refuses to obey or be punished by the court, justice
make return of the same or judge for contempt without
according to the command prejudice to other disciplinary
thereof, or makes false return actions.
thereof, or who, upon demand
made by or on behalf of the
prisoner, refuses to deliver to the
person demanding, within six (6)
hours after the demand therefor, a
true copy of the warrant or order
of commitment, shall forfeit to the
party aggrieved the sum of one
thousand pesos, to be recorded in
a proper action, and may also be
punished by the court or judge as
for contempt.

How writ is served The person to be produced should
be designated in the writ by his
name, if known, but if his name is
not known he may be otherwise
described or identified. The writ
may be served in any province by
the sheriff or other proper officer,
or by a person deputed by the
court or judge. Service of the writ
shall be made by leaving the
original with the person to whom it
is directed and preserving a copy
on which to make return or
service. If that person cannot be
found, or has not the prisoner in
The writ shall be served upon the Same as Writ of Amparo
respondent by a judicial 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 on
substituted service shall apply.

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 his custody, then the service shall
be made on any other person
having or exercising such
custody.
Who files return The return or statement shall be Respondent
signed by the person who makes
it; and shall also be sworn by him
if the prisoner is not produced,
and in all other cases unless the
return is made and signed by a
sworn public officer in his official
capacity
Contents of return When the person to be produced
is imprisoned or restrained by an
officer, the person who makes the
return shall state therein, and in
other cases the person in whose
custody the prisoner is found shall
state, in writing to the court or
judge before whom the writ is
returnable, plainly and
unequivocably:
(a) Whether he has or has not
the party in his custody or power,
or under restraint;
(b) If he has the party in his
custody or power, or under
restraint, the authority and the true
and whole cause thereof, set forth
at large, with a copy of the writ,
order execution, or other process,
if any, upon which the party is
held;
(c) If the party is in his custody
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Respondent
1) The lawful defenses to
show that the respondent
did not violate or threaten
with violation the right to
life, liberty and security of
the aggrieved party,
through any act or
omission;
2) The steps or actions taken
by the respondent to
determine the fate or
whereabouts of the
aggrieved party and the
person or persons
responsible for the threat,
act or omission;
3) All relevant information in
the possession of the
respondent pertaining to
the threat, act or omission
against the aggrieved
party; and
1) The lawful defenses such
as national security, state
secrets, privileged
communications,
confidentiality of the
source of information of
media and others;
2) In case of respondent in
charge, in possession or in
control of the data or
information subject of the
petition;
(i) a disclosure of the data
or information about the
petitioner, the nature of
such data or information,
and the purpose for its
collection;
(ii) the steps or actions
taken by the respondent to
ensure the security and
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 or power or is restrained by him, 4) If the respondent is a confidentiality of the data
and is not produced, particularly public official or employee, or information; and,
the nature and gravity of the the return shall further (iii) the currency and
sickness or infirmity of such party state the actions that have accuracy of the data or
by reason of which he cannot, been or will still be taken: information held; and,
without danger, be bought before a) to verify the identity of 3) Other allegations relevant
the court or judge; the aggrieved party; to the resolution of the
(d) If he has had the party in b) to recover and proceeding.
his custody or power, or under preserve evidence
restraint, and has transferred related to the death or
such custody or restraint to disappearance of the
another, particularly to whom, at person identified in the
what time, for what cause, and by petition which may aid
what authority such transfer was in the prosecution of
made. the person or persons
responsible;
c) to identify witnesses
and obtain statements
from them concerning
the death or
disappearance;
d) to determine the
cause, manner,
location and time of
death or
disappearance as well
as any pattern or
practice that may have
brought about the
death or
disappearance;
e) to identify and
apprehend the person
or persons involved in
the death or
disappearance; and

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 f) to bring the suspected
offenders before a
competent court.
A general denial of the allegations
in the petition shall not be allowed.

How executed and The officer to whom the writ is The officer who executed the final
returned directed shall convey the person judgment shall, within 3 days from
so imprisoned or restrained, and its enforcement, make a verified
named in the writ, before the return to the court. The return
judge allowing the writ, or in case shall contain a full statement of
of his absence or disability, before the proceedings under the writ
some other judge of the same and a complete inventory of the
court, on the day specified in the database or information, or
writ, unless, from sickness or documents and articles inspected,
infirmity of the person directed to updated, rectified, or deleted, with
be produced, such person cannot, copies served on the petitioner
without danger, be bought before and the respondent.
the court or judge; and the officer
shall make due return of the writ, The officer shall state in the return
together with the day and the how the judgment was enforced
cause of the caption and restraint and complied with by the
of such person according to the respondent, as well as all
command thereof. (Sec 8) objections of the parties regarding
the manner and regularity of the
service of the writ.

Defect of form No writ of habeas corpus can be

disobeyed for defect of form, if it
sufficiently appears therefrom in
whose custody or under whose
restraint the party imprisoned or
restrained is held and the court or
judge before whom he is to be
bought.

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 Date and time of When the writ is returned before The writ shall set the date and The writ shall set the date and
hearing one judge, at a time when the time for summary hearing of the time for summary hearing of the
court is in session, he may petition which shall not be later petition which shall not be later
forthwith adjourn the case into the than 7 days from the date of its than 10 work days from the date
court, there to be heard and issuance. of its issuance.
determined. The court or judge
before whom the writ is returned
or adjourned must immediately
proceed to hear and examine the
return, and such other matters as
are properly submitted for
consideration, unless for good
cause shown the hearing is
adjourned, in which event the
court or judge shall make such
order for the safekeeping of the
person imprisoned or restrained
as the nature of the case requires.
If the person imprisoned or
restrained is not produced
because of his alleged sickness or
infirmity, the court or judge must
be satisfied that it is so grave that
such person cannot be produced
without danger, before
proceeding to hear and dispose of
the matter. On the hearing the
court or judge shall disregard
matters of form and technicalities
in respect to any warrant or order
of commitment of a court or officer
authorized to commit by law.

Burden of proof Preponderance of evidence The parties shall establish their Substantial evidence (Sec. 16)
claims by substantial evidence.

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 If the respondent is:
(1) A private individual or
entity - must prove that
ordinary diligence as
required by applicable
laws, rules and regulations
was observed in the
performance of duty.
(2) A public official or
employee - must prove
that extraordinary
diligence as required by
applicable laws, rules and
regulations was observed
in the performance of duty.
He cannot invoke the
presumption that official
duty has been regularly
performed to evade
responsibility or liability.

Appeal 48 hours from notice of judgment Any party may appeal from the Same as Writ of Amparo
appealed from by ordinary appeal final judgment or order to the
Supreme Court under Rule 45. The appeal shall be given the
The appeal may raise questions of same priority as in habeas corpus
fact or law or both. and amparo cases.

The period of appeal shall be 5

working days from the date of
notice of the adverse judgment.

The appeal shall be given the

same priority as in habeas corpus
cases.

Prohibited None 1) Motion to dismiss; Same as Writ of Amparo

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 pleadings 2) Motion for extension of
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 cross-
claim;
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.

Source: De Leon and Wilwayco (Special Proceedings)

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