SPECIAL WRITS

RULE 102: HABEAS CORPUS

1987 Constitution, Article III

SECTION 15. The privilege of the writ of habeas corpus
shall not be suspended except in cases of invasion or
rebellion when the public safety requires it.

1987 Constitution, Article VII

Section 18. The President shall be the Commander-in-
Chief of all armed forces of the Philippines and whenever
it becomes necessary, he may call out such armed forces
to prevent or suppress lawless violence, invasion or
rebellion. In case of invasion or rebellion, when the public
safety requires it, he may, for a period not exceeding sixty
days, suspend the privilege of the writ of habeas corpus or
place the Philippines or any part thereof under martial law.
Within forty-eight hours from the proclamation of martial
law or the suspension of the privilege of the writ of habeas
corpus, the President shall submit a report in person or in
writing to the Congress. The Congress, voting jointly, by a
vote of at least a majority of all its Members in regular or
special session, may revoke such proclamation or
suspension, which revocation shall not be set aside by the
President. Upon the initiative of the President, the
Congress may, in the same manner, extend such
proclamation or suspension for a period to be determined
by the Congress, if the invasion or rebellion shall persist
and public safety requires it.

The Congress, if not in session, shall, within twenty-four

hours following such proclamation or suspension, convene
in accordance with its rules without need of a call.

The Supreme Court may review, in an appropriate

proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the
suspension of the privilege of the writ of habeas corpus or
the extension thereof, and must promulgate its decision
thereon within thirty days from its filing.

A state of martial law does not suspend the operation of

the Constitution, nor supplant the functioning of the civil
courts or legislative assemblies, nor authorize the
conferment of jurisdiction on military courts and agencies
over civilians where civil courts are able to function, nor
automatically suspend the privilege of the writ of habeas
corpus.

The suspension of the privilege of the writ of habeas

corpus shall apply only to persons judicially charged for
rebellion or offenses inherent in, or directly connected
with, invasion.

During the suspension of the privilege of the writ

of habeas corpus, any person thus arrested or detained
shall be judicially charged within three days, otherwise he
shall be released.
 RULE 109
Appeals in Special Proceedings
Section 1. Orders or judgments from which appeals may
be taken. — An interested person may appeal in special
proceedings from an order or judgment rendered by a
Court of First Instance or a Juvenile and Domestic
Relations Court, where such order or judgment:
(a) Allows or disallows a will;
(b) Determines who are the lawful heirs of a
deceased person, or the distributive share of the
estate to which such person is entitled;
(c) Allows or disallows, in whole or in part, any
claim against the estate of a deceased person, or
any claim presented on behalf of the estate in
offset to a claim against it;
(d) Settles the account of an executor,
administrator, trustee or guardian;
(e) Constitutes, in proceedings relating to the
settlement of the estate of a deceased person, or
the administration of a trustee or guardian, a final
determination in the lower court of the rights of
the party appealing, except that no appeal shall
be allowed from the appointment of a special
administrator; and
(f) Is the final order or judgment rendered in the
case, and affects the substantial rights of the
person appealing unless it be an order granting
or denying a motion for a new trial or for
reconsideration.
Section 2. Advance distribution in special proceedings. —
Notwithstanding a pending controversy or appeal in
proceedings to settle the estate of a decedent, the court
may, in its discretion and upon such terms as it may deem
proper and just, permit that such part of the estate may not
be affected by the controversy or appeal be distributed
among the heirs or legatees, upon compliance with the
conditions set forth in Rule 90 of this rules.
THE RULE ON THE WRIT OF AMPARO, Rule 19
SEC. 19. Appeal. – Any party may appeal from the final
judgment 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 (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.
THE RULE ON THE WRIT OF HABEAS DATA
SEC. 19. Appeal. - Any party may appeal from the final
judgment 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 (5) working days from
the date of notice of the judgment or final order.
The appeal shall be given the same priority as in habeas
corpus and amparo cases.
RULE ON DECLARATION OF ABSOLUTE NULLITY OF
VOID MARRIAGES AND ANNULMENT OF VOIDABLE
MARRIAGES
Section 20. Appeal. -
(1) Pre-condition. - No appeal from the decision shall be
allowed unless the appellant has filed a motion for
reconsideration or new trial within fifteen days from notice
of judgment.
(2) Notice of appeal. - An aggrieved party or the Solicitor
General may appeal from the decision by filing a Notice of
Appeal within fifteen days from notice of denial of the
motion for reconsideration or new trial. The appellant shall
serve a copy of the notice of appeal on the adverse
parties.
RULE ON LEGAL SEPARATION
Section 17. Appeal. -
(a) Pre-condition. - No appeal from the decision shall be
allowed unless the appellant has filed a motion for
reconsideration or new trial within fifteen days from notice
of judgment.
(b) Notice of Appeal - An aggrieved party or the Solicitor
General may appeal from the decision by filing a Notice of
Appeal within fifteen days from notice of denial of the
motion for reconsideration or new trial. The appellant shall
serve a copy of the notice of appeal upon the adverse
parties.