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Writ of Writ of Writ of Writ of ecology,

Habeas Amparo Habeas Kalikasan against
Corpus Data environme
Rights Involves Involves the Involves Involves ntal
involved the right right to life, the right the right to damage of
to liberty. liberty and to a balanced such
It extends security. It privacy and healthy magnitude
to all involves in life, ecology, as to
cases of extrajudicial liberty, involving prejudice
illegal killings, and environme the right,
confinem enforced security ntal health or
ent or disappearanc damage of property of
detention es, and such inhabitants
by which threats magnitude of two or
any thereof. as to more cities
person is prejudice or
deprived the right, provinces
of his health or
liberty, or property of
by which inhabitants Purpose Seeks to It is intended It is a
the of two or and inquire to address remedy
rightful more cities Objectiv into all violations of to
custody or e manner or threats to protect a
of any provinces of the right to person’s
person is involuntar life, liberty, right to
withheld y restraint and security control
from the and to as an informati
person relieve a extraordinary on
entitled person and regardin
thereto therefrom independent g one’s
Etymolo “You “To protect” “You It is a if such remedy, self,
gy have the have the remedy restraint particularly particula
body” data” based on is illegal. extralegal rly in
the right to Basically, killings and instance
a balanced it seeks enforced s where
and healthy to disappearanc such
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determine es informati (1) A violation of the accused’s constitutional rights

whether on is resulting in the restraint of a person
or not a being (2) The court trying the case had no jurisdiction to
particular collected impose the sentence
person is through (3) The penalty imposed is excessive or beyond
legally unlawful what the court could legally impose, thus
held, and means in voiding the sentence as to excess
if not, the order to  When is the writ of Habeas Corpus NOT available?
court will achieve (1) When there is no deprivation of liberty or restraint
order the unlawful (2) When the deprivation of liberty or restrain is legal
release of ends. (3) To correct alleged erroneous orders of the court
the (4) When person deprived of liberty through involuntary
person restraint/detention has already been released
(5) When the illegal detention becomes legal by virtue of
court process
(6) When the privileged of availing of the writ is
suspended by the President.
 What reliefs does a Writ of Habeas Corpus provide to the
WRIT OF HABEAS CORPUS aggrieved party?
(1) The person is discharged from confinement
The writ is directed to the person detaining another, (2) The person cannot be imprisoned for the same
commanding him to produce the body of the prisoner at a offense
designated time and place , with the day and cause of his - Except: When the court having jurisdiction of the
caption and detention, to do, submit to, and receive whatever cause or offense orders his recommitment
the court or judge awarding the writ shall consider in that behalf. Privilege of writ of habeas corpus: it is the right to have an
immediate determination of legality of the deprivation of physical
 An essential requisite for the availability of the writ is actual liberty.
deprivation of personal liberty
Issuance of the Writ v. Privilege of the Writ
 When is the Writ of Habeas Corpus available?
o When there is an unlawful deprivation of liberty,
which actually or effectively restricts the freedom
of actions.
o An assertion that a person is illegally confined or
detained, in general, may involve any of the
following
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Issuance of the writ of Privillege of the writ of
Habeas Corpus habeas corpus
Just the command for the The grant of the privilege of
person detaining them to the writ means that the
explain why they detained the subject person should be
subject person released
Suspension of the privilege of the writ
There is the suspension of the privilege of the writ during
martial. The suspension here is not the suspension of the
issuance of the writ of habeas corpus, it is the suspension
of the privilege of the writ.
Ex: We're under martial law, you can still apply for the writ of
habeas corpus, but it does not have the benefit of the
privilege of the writ since it's suspended.
The writ of habeas corpus only questions the legality of the
detention, meaning the respondent is only responsible for
explaining, but he is not criminally liable
Denial in the Return in a Habeas Corpus proceeding
The court cannot order anyone to produce the bdy because if
the person you allude to denies allegation and there is no
evidence that the subject person is with them, the case will die
out.
If there is a denial and there is no proof that he actually has the
bosy, then the Court hasthat particular in a habeas corpus
proceeding
Usually what happens is since there is no proof that the
respondent is in custody of the person and since there is no
evidence, the habeas corpus proceeding is dismissed. This
is what happened during Martial Law when the people started
disappearing. This is why the amparo, kalikasan, and data
proceedings came out.
How the subsequent writs cure the defects in habeas
corpus
These writs have a unique way in order to cure the defect in
habes corpus proceedings.
This defect is that in case of the fact that there is a denial or
there is no evidence to show that the respondent is in actual
possession of the body and therefore para malaman mo if the
confinement is valid, the amparo or the data proceedings
require the persons (usually the police or military) to do
active steps to find the person and to determine who is the
person accountable so that they can be the one to show
where the subject person is.
This is something that’s innovative with the subsequent writs.
They try to remedy something that habeas corpus that
effectively lacks: If it is denied by the respondent, the
proceedings are dead.
If you notice, the writ of habeas corpus is actually in the RoC,
but the writs of amparo and habeas are subsequent
issuances, so they are remedial in nature.
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WRIT OF AMPARO
 The remedy of the writ of amparo is an equitable and
extraordinary remedy to safeguard the right of the people to
life, liberty and security, as enshrined 1987 Constitution.
 It is both preventive and curatice roles in addressing the
problem of extralegal killings and enforced disappearance.
 It partakes of a summary proceeding that requires only
subsnatial evidence to make the appropriate reliefs available
to pertitioner.
 When is the Writ of Amparo available?
- Requisite: the petition for writ of amparo is a
remedy available to any person:
(1) Whose right to life, liberty and property are
violated or threatened with violation by an
unlawful act or omission
(2) Such unlawful act or omission either by:
a. A public official or employee
b. A private individual or entity
 It is remedy against:
(1) Extralegal killings – Killings committed without due
process of law, without legal safeguards or judicial
proceedings
- Elements:
a. That there be an arrest, detention, abduction or
any form of deprivation of liberty
b. That it be carried out by, or with the authorization,
supporter acquiesce of , the State or a political
organization
c. That it be followed by the State or political
organization’s refusal to acknowledge or give
information on the fate or whereabouts of the
person subject of the amparo petition
d. That the intention for such refusal is to remove
subject person from the protection of the law for a
prolonged period of time.
(2) Enforced disappearances - attended by the following
characteristics: an arres, detention, or abduction of a
person by a government official or organized groups or
private individuals acting with the direct, or indirect
acquiescence of the government; the refusal of the State
to disclose the fate or wherebouts of the person
concerned or a refusal to acknowledge the deprivation of
liberty which places such persons outside the protection
of law.
 What does “ right to security means”?
Secretary of Defense v. Manalo
Writ of Amparo; right to security: The right to security of
person includes the following: (1) freedom from threat; (2) a
guarantee of bodily and psychological integrity or security;
and (3) a guarantee of protection of one’s rights by the
government
The Writ of Amparo was coneived to provide expeditious and
effective procedural relief against violations or threats of
violation of basic rights to life, liberty and security of persons;
The corresponding amparo suit is not an action to determine
criminal guilt requiring proof beyond reasonable doubt or
administrative liability requiring substantial evidence that will
require full and exhaustive proceeding.
Razon v. Tagitis
Writ of Amparo;
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It does not determine guilt nor pinpoint criminal culpability for
the disappearance. It determind responsibility, or at least
accountability, for the enforces disappearance for purpose of
Burgos v. Arroyo
Effect of failure of PNP and AFP to conduct and exhaustive
and meaningful investifation and to exercise extraordinary
diligence in the performance of their duty
Rubrico v. Arroyo
Writ of Amparo; Command Responsibility: The Doctrine of
Command Responsibility has little, if at all, bearing in
amparo proceedings. Command Responsibility means the
responsibility of commanders for crimes committed by
subordinate members of the armed forces or other person
subject to their control in international wars or domestic
conflict. It is an omission mode of individual criminal
responsibility is an omission mode of individual criminal
liability, whereby the superior is made responsible for crimes
committed by his subordinates for failing to prevent ot punish
the perpetrators.
Canlas v. Napapico
Writ of Amparo; Private Propety: The threatened demolition
of dwelling by virtue of a final judgement of the court is not
included among the enumeration of rights as stated in the
Section of the remedy of the writ of amparo is made
available.
and enforced disappearances, with the concurrence of the
abovementioned elements.
Writ of amparo is not proper recourse for obtaining parental
authority and custody of minor child
Republic v. Cayanan
Hearsay evidence; Return: In amparo petitions, the court
allows for flexibility in considering the evidence presented,
including hearsay evidence, which may be admitted as
circumstances of the case may require for protection of
precious right to life, liberty and security.
Respondent in the petition must show in the return rhe
observance of extraordinary diligence of what really
happened if the abduction did not occur.
Roxas v. Macapagal
Girl got tortured but no proof; parties to be impleaded.
Impleading public respondents on the ground of command
responsibility is incorrect – the proper ground is responsibility
or accountability.

The claim to their dwelling does not constitute right to life,

liberty and security.

Caramv. Segui
Child given up for adoption;Parental Authority; wrong use of
writ. The writ is only confined to the case of extralegal killings
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Writ of Habeas Data
 The writ of Habeas Data provides a judicial remedy to
protect a person ‘s right to control information regarding
one’s self, particular in instance where such information
is being collected through unlawful means in order to
achieve unlawful ends
 It is designed to protect the image, honor, information,
and freedom of information of an individual and to provide
a forum to enforce one’s right to truth and to informational
privacy.
 The purpose of habeas data is to prevent the misuse of
information against you because the misuse of that
information could potentially lead to a life-threatening,
security-threatening, or liberty-threatening situation.
 For the writs of amparo and habeas data, it is a
requirement that there is a threat to your life, liberty,
or security.
 When is it available?
o It is available to any person whose:
(1) Right to privacy in life, liberty or security is
violated or threatened by an unlawful act or
omission
- This is similar to amparo
- The writ will not issue on the basis merely of an
alleged unauthorized access to information about
person
(2) Such unlawful act oromission is by following
persons engaged in the gathering, collecting,
or storing of data or information regarding the
person, family, home, and correspondence of
the aggrieved party
 When it is used?
 Usually when you are under investigation, monitoring, or
surveillance by the police. When you are under
investigation, there will be information about you that
could potentially threaten your life, liberty, or
security.
If people have information against you and they
misuse that information to infringe on your privacy,
your security will be violated.
 Lawful Defense of the state
When the writ of habeas data is issued by the court, of
course the respondents will have their denials. The
lawful defense that the State can use is if the
information concerns:
1. National security2. State secrets3. Privileged
communication4. Confidential information and sources
(these cannot be released)
 Filing of petition
- The petition for habeas data does not preclude the
filing of several criminal, civil, and administrative
actions, but when the criminal action is filed
subsequent to the filing of the petition, the
petition for habeas data shall be consolidated
with the criminal action.
If the criminal action comes first , you can no
longer file a petition for habeas data, but the
reliefs available under the rule of habeas data
shall be available by motion in the criminal case.
 Existing of threat must be proved
 Yes. Your privacy is not being protected just to protect
your privacy; it is being protected in light of the fact that
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the invasion of your privacy may be used to harm your
life, liberty, or security, so you still need to allege the
threat to your life, liberty and security. It is not
enough that they just have information about you.
-
 What is Right to Informational Privacy?
- It is the right of individuals to control information
about themselves. And such right depends on the
existence of “expectational privacy” a person has
towards particular information. Before one can
have expectational privacy, it must be shown the
person intended such information to be private
 What is the meaning of “engaged” in the Gathering,
Collecting, or Storing of Data or Information?
- To “engage” is different from undertaking a
business enedevour. To “engage” means “to do or
take part in something”. It does not necessarily
mean that the activity must done in pursuit of a
business. What matter is that the person or entity
must b gathering, collecting, or storing said data or
information about the aggrieved party or his or her
family
- The provision, taken as a whole, conveys the idea
that habeas data is a protecting
When we talk of habeas data, we are concerned with
informational privacy, specifically the privacy of a person’s
information: information about him or her.
The writ of habeas data is a writ available to a person whose
life, liberty, or security is threatened via the gathering of
information against that person.
Habeas data protects your informational privacy so that
your information cannot become the source of the threat to
your life, liberty, or security. What is being protected here are
the effects of the misuse of your information. Namely, its
negative effects on life, liberty, and security.
Lee v. Ilagan
A.M. No. 08-1-16-SC, or the Rule on the Writ of Habeas
Data (Habeas Data Rule), was conceived as a response,
given the lack of effective and available remedies, to address
the extraordinary rise in the number of killings and enforced
disappearances. It was conceptualized as a judicial remedy
enforcing the right to privacy, most especially the right to
informational privacy of individuals, which is defined as “the
right to control the collection, maintenance, use, and
dissemination of data about oneself.”
As defined in Section 1 of the Habeas Data Rule, the writ
of habeas data now stands as “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.” Thus, in order to
support a petition for the issuance of such writ, Section 6 of
the Habeas Data Rule essentially requires that the petition
sufficiently alleges, among others, “[t]he manner the right
to privacy is violated or threatened and how it affects
the right to life, liberty or security of the aggrieved
party.” In other words, the petition must adequately show
that there exists a nexus between the right to privacy on
the one hand, and the right to life, liberty or security on
the other. Corollarily, the allegations in the petition must be
supported by substantial evidence showing an actual or
threatened violation of the right to privacy in life, liberty or
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security of the victim. In this relation, it bears pointing out its intent is to address violations of or threats to the rights to life,
that the writ of habeas data will not issue to protect purely liberty or security as a remedy independently from those
property or commercial concerns nor when the grounds provided under prevailing Rules; The writs of amparo and
invoked in support of the petitions therefor are vague and habeas data will NOT issue to protect purely property or
doubtful. commercial concerns nor when the grounds invoked in support
of the petitions therefor are vague or doubtful—employment
In this case, the Court finds that Ilagan was not able to constitutes a property right under the context of the due process
sufficiently allege that his right to privacy in life, liberty or clause of the Constitution.
security was or would be violated through the supposed
reproduction and threatened dissemination of the subject sex
video. While Ilagan purports a privacy interest in the
suppression of this video — which he fears would somehow find
its way to Quiapo or be uploaded in the internet for public
consumption — he failed to explain the connection between
such interest and any violation of his right to life, liberty or
security. Indeed, courts cannot speculate or contrive versions of
possible transgressions. As the rules and existing jurisprudence
on the matter evoke, alleging and eventually proving the nexus
between one’s privacy right to the cogent rights to life, liberty or
security are crucial in habeas data cases, so much so that a
failure on either account certainly renders a habeas data petition
dismissible, as in this case.

Manila Electric Company v. Lim

An employee’s plea that she be spared from complying with her

employer’s Memorandum directing her reassignment under the
guise of a quest for information or data allegedly in possession
of petitioners, does not fall within the province of a writ of
habeas data; The habeas data rule, in general, is designed to
protect by means of judicial complaint the image, privacy,
honor, information, and freedom of information of an individual
—it is meant to provide a forum to enforce one’s right to the
truth and to informational privacy, thus safeguarding the
constitutional guarantees of a person’s right to life, liberty and
security against abuse in this age of information technology.
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Writ of Kalikasan
 It is a remedy against the enforcement or violations of
environmental and other related laws which deal with the
conservation, development, preservation, protection and
utilization of the environment and natural resources.
 What you’re fighting for here is the right to a balanced
and healthful ecology. Although it's not in the Bill of
Rights, you will find that Filipinos have the right to a
healthful ecology.
 When it is available?
- Requisite: it is available in any person –
(1) Whose constitutional right to a balanced and
healthful ecology is violated or threatened with
violation by an unlawful act or omission involving
environmental damage such magnitude as to
prejudice the life, health or property of inhabitants
in two or more cities or provinces.
(2) Such act or omission is committed by a public
official or emplotee or private individual or entity
- Note: The environmental damage must be of such
magnitude to prejudice the life, healthy, or property
of inhabitant in two or more cities or provinces/
 Requirements for the Writ of Kalikasan to be issued:
(1) There is an actual or threatened violation of the
constitutional right to a balanced and healthful
ecology.
(2) The actual or threatened violation arises from an
unlawful act or omission of a public official or
employee, or a private individual or entity.
(3) The actual or threatened violation involves or will
lead to an environmental damage of such
magnitude as it will prejudice the life, health, and
property of the inhabitants in two or more cities or
provinces
 When to use the Writ of Kalikasan
- You use this writ when there is a violation of a
lawful act or a potential violation of an
environmental law by a public official or
employee, or a private individual or entity.
 Continuing mandamus
- One of the main things that you pray for when you
apply for a writ of kalikasan is an order of
continuing mandamus.Mandamus : An order
issued by the court to compel a government official
to do his ministerial duty. Ministerial, not
discretionary.
- Continuing mandamus means “Gawin niyo until
satisfied yung korte na nagawa niyo ng tama.”
Think about it, environmental cases don’t get
resolved in one day or even a month; this takes
time before they’re resolved.
- Continuing mandamus is necessary to ensure
that the government officials towards whom
the order of continuing mandamus is directed
stay on their toes and do their job until the
environment was cleaned to such a point that
it satisfied the court and averted the damage.
LNL Archipelago Minerals v. Agham Party
- The essential requirement of this writ is that there
is or the environmental damage of such magnitude
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so as to affect the lives, health, property of
inhabitant in at least two or more cities.
- In the case at bar, they were not even able to
prove that it will affect the health and property of
the people living directly on that mountain. It foes
to show that you still have to prove your case, it is
not enough to invoke the writ.
Braga v. Abaya
Osmena v. Garganera
- You must allege a widespread destruction, and
widespread is a number. In a writ of kalikasan
case, if you file for one, you need to have the
science to back it up.
- In a writ of kalikasan case, you need scientific
experts. There has to be an environmental
assessment, it’s not enough to just allege it. Again,
in the court, evidence speaks. Evidence can be in
the form of expert opinions or testimonies, and
it can be in the form of studies done by
environmental groups.
- Without this, it will be hard to argue your case.
Unlike the other writs, this is a quantity
requirement. It says “of such magnitude as to
affect the health, lives, and properties of
inhabitants in at least two cities.”
Segovia v. Climate Change Commission
- What are the requirements for a writ of
kalikasan to be issued?
(1) There is an actual or threatened violation of the
constitutional right to a balanced and healthful
ecology.
(2) The actual or threatened violation arises from
an unlawful act or omission of a public official
or employee, or a private individual or entity.
(3) The actual or threatened violation involves or
will lead to an environmental damage of such
magnitude as it will prejudice the life, health,
and property of the inhabitants in two or more
cities or provinces.
- The air and water quality assessment of the EMB.
They had expert testimony that said that
keeping the Inayawan landfill open was
causing damage to the environment. It posed a
threat to the nearby surroundings while the water
threat posed a threat of water pollution via the
sewage runoff.
 Is the writ of kalikasan available if the area to be
destroyed was already claimed under the power of
eminent domain?
- Yes. The writ of kalikasan protects the
inhabitants. We are not talking about just the
environment here. We are talking about the life
and health of inhabitants in two cities or provinces.
- Even if the property is something that you got
through eminent domain, the point here is will
it damage the environment in such a
magnitude that the lives, the health, and the
property of inhabitants in two cities or
provinces or more will be affected. This is the
question here, not just the environment but its
effect on the inhabitants.
- The writ is still available because in eminent
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domain, the concern is the land, but in the writ of

kalikasan your concern is the health and lives
of the inhabitants.
 You must consider the environment as not placed in a
box. Remember, there is a possibility of what you call a
cross-border transfer. This means that if you burn
something toxic and the fumes transfer into the air, it
won’t just affect that location, it’ll transfer through the air.
That smoke can go across borders, the effect of the
smoke is not just contained in the four corners of that
location.

 If the kind of environmental damage done will affect

two or more cities, then the writ of kalikasan will be
available.