Sayson, Karl Benedict N.
)
Feb. 27, 2020
Writ of Habeas Corpus
Rights involved Right to liberty of and
rightful custody by the
aggrieved party.
Coverage 1. All cases of illegal
confinement or detention
by which any person is
deprived of liberty; and
2. Cases where the
rightful custody of any
person is withheld from
the
person entitled thereto.
Where to file 1. RTC where the person
is detained;
2. Sandiganbayan;
3. Court of Appeals;
4. Supreme Court; or
5. Any justice of the
three preceding courts.
Who may file 1. Party for whose relief it
is intended; or
2. Any person on his
behalf.
Respondent May or may not be an
officer.
Special Proceedings (Thurs, 7:30-9:30 p.m.
Atty. Tangarorang
Writ of Amparo
Right to life, liberty and
security
1. Extrajudicial killings;
and
2. Enforced
disappearances.
1. RTC of the place where
the threat, act or omission
was committed or any of
its elements occurred;
2. SB or any justice
thereof;
3. CA or any justice
thereof; or
4. SC or any justice
thereof.
In the following order:
1. Any member of the
immediate family;
2. Any ascendant,
descendant, or collateral
relative of the aggrieved
party within the 4th civil
degree of consanguinity or
affinity;
3. Any concerned
citizen, organization,
association or institution.
Public official or
employee or a private
Writ of Habeas Data
Right to informational
privacy, honor, self-
determination and
freedom of expression.
1. Gathering;
2. Collecting; or
3. Storing data or
information Regarding:
1. Person;
2. Family;
3. Home; or
4. Correspondence.
1. RTC 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. SB;
3. CA; or
4. SC when the
action concerns public
data files or
government offices.
1. Any aggrieved
party;
2. However, in cases of
extralegal killings and
enforced
disappearances:
a. Any member
of immediate family;
or
b. Any ascendant,
the
descendant, or
collateral relative of
the aggrieved party
within the 4th civil
degree of
consanguinity or
affinity.
Public official or
employee or a private

Interpretation To have the body
Description Writ is directed to the
person detaining another,
commanding him to
produce to body of the
prisoner at a designated
time and place, with the
day and cause of his
capture and detention, to
do, submit to, and receive
whatsoever the court or
judge awarding the writ
shall consider in that
behalf.
Office of the To direct the person
Remedy detaining another to
produce the body of the
person being detained and
show the cause of
detention.
Enforceability of If granted by SC or CA:
Writ enforceable anywhere In
the Philippines;
If granted by RTC:
enforceable only within
the judicial district
Docket fees Payment is required. Rule
on indigent petitioner
however applies.
Service of writ Served upon the person to
whom it is directed, and if
not found or has not the
prisoner in his custody, to
the other person having or
exercising such custody
Person to make Officer by whom the
return prisoner is imprisoned or
the person in whose
custody the prisoner is
found
When to file On the day specified in
individual or entity.
To protect
Remedy available to any
person whose right to life,
liberty and security 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.
To direct the public
officers involved to
conduct an investigation
as to the whereabouts and
legality of the detention of
a missing person.
Enforceable anywhere in
the Philippines regardless
of who issued the same
Petitioner exempted from
payment.
Served upon the
respondent personally; or
substituted service
Respondent
Within 5 working days
individual or entity
engaged in the
gathering, collecting or
storing of data or
information regarding
the person, family,
home
correspondence of the
aggrieved party.
To have the data
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
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.
To order the disclosure
or destruction of data
relating to the right to
life, liberty or security
of a person.
Enforceable anywhere
in the Philippines
Payment is required.
Rule on indigent
petitioner applies.
Served upon the
respondent personally;
or substituted service
Respondent
The respondent shall
return the writ after service of the writ, file a verified written
the respondent shall file a return together with
verified written return supporting affidavits
together with supporting within 5 working days
affidavits. from service of the
writ, which period may
be reasonably extended
by the Court for
justifiable reasons.
Return If granted by the SC or If issued by RTC: If issued by RTC:
CA: returnable before the returnable before such returnable before such
court or any member or court; court;
before RTC or any judge
thereof; If issued by SB or CA or If issued by SB or CA
any of their justices: or any of their justices:
If granted by RTC: returnable before such returnable before such
returnable before such court or to any RTC of the court or to any RTC of
court place where the threat, act the place where the
or omission was petitioner or
In writ of habeas corpus committed or any of its respondent resides or
in relation to custody of elements occurred; that which has
minors, the writ may be jurisdiction over the
made returnable to a If issued by SC or any of place where the data or
Family Court or to any its justices: returnable information is
regular court within the before such court, or gathered, collected or
region where the before SB, CA, or to any stored;
petitioner resides or RTC of the place where
where the minor may be the threat, act or omission If issued by SC or any
found for hearing and was committed or any of of its justices:
decision on the merits its elements occurred returnable before such
(Sec. 20, A.M. No. 03-04- court, or before SB,
04-SC). CA, or to any RTC of
the place where the
petitioner or
respondent resides or
that which has
jurisdiction over the
place where the data or
information is
gathered, collected or
stored.
Effect of failure Hearing of the petitioner 1. Hearing of the
to file Return shall proceed ex parte. petition shall proceed
ex parte; and
2. The Court may also
grant the petitioner
such relief as the
petition may warrant,
UNLESS the Court, in
its discretion, requires
the petitioner to submit
evidence.

Available interim 1. Temporary Protection

remedies Order;
 2. Inspection Order;
3. Production Order;
and
4. Witness
Protection Order.
Quantum of proof Preponderance of Substantial evidence. Substantial evidence.
evidence.
General denial Allowed. Not allowed. Not allowed.
Liability of Forfeit to the aggrieved Imprisonment or fine for Imprisonment or fine
person to whom party the sum of P1000, committing contempt. for committing
writ is directed if and may also be punished contempt.
he refuses to for contempt.
make return
Hearing Date and time of hearing Summary hearing shall be Summary hearing shall
is specified in the writ. conducted not later than 7 be conducted not later
days from the date of than 10 working days
issuance of the writ. from the date of
issuance of the writ.
Period of appeal Within 48 hours from 5 working days from the 5 working days from
notice of the judgment or date of notice of the the date of notice of
final order appealed from. adverse judgment. the judgment or final
order.
Prohibited None. 1. Motion to dismiss; 2. 1. Motion to dismiss;
pleadings Motion for extension of 2. Motion for extension
time to file opposition, of time
affidavit, position paper to file return;
and other 3. Motion for
pleadings (A motion for postponement;
extension of time to file 4. Motion for a bill of
the return is no longer a particulars;
prohibited pleading, as it 5. Counterclaim or
may be granted by the cross-claim;
court on highly 6. Third-party
meritorious cases.); complaint;
3. Dilatory motion for 7. Reply; and
postponement; 8. Motion to declare
4. Motion for a bill of respondent in default.
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
Petition for certiorari,
mandamus or prohibition
against any interlocutory
order.
Brief discussion on the Rule on Custody of Minors and Habeas Corpus, Administrative
Matter 03-04-04-SC in matters of significant points on procedure

A. Purpose of Petition: In cases involving minors, the purpose of a petition for habeas corpus is not
limited to the production of the child before the court; the main purpose of the petition for habeas corpus is
to determine who has the rightful custody over the child (Bagtas v. Santos, GR No. 166682)

B. Who may file: A verified petition for the rightful custody of a minor may be filed by any person
claiming such right. The party against whom it may be filed shall be designated as the respondent. (Sec. 2)

C. Where to file: The petition for custody of minor is filed with the Family court of the province or city
where the petitioner resides or where the minor may be found (Sec. 3).

The CA and the SC have concurrent jurisdiction with Family courts in habeas corpus cases where the
custody of minors is involved. The provisions of RA 8369 must be read in harmony with RA 7029 and BP
129 ― that Family courts have concurrent jurisdiction with the CA and the SC in petitions for habeas
corpus where the custody of minors is at issue (Thornton v. Thornton, GR No. 154598).

D. Contents of the verified petition:

1. Personal circumstances of the petitioner and of the respondent;

2. The name, age and present whereabouts of the minor and his or her relationship to the
petitioner and the respondent;
3. The material operative facts constituting deprivation of custody;
4. Such other matters which are relevant to the custody of the minor; and
5. Certificate of Non-Forum Shopping signed personally by the petitioner (Sec. 4)

E. Requisites in petitions for habeas corpus involving minors:

1. That the petitioner has the right of custody over the minor;
2. That the rightful custody of the minor is being withheld from the petitioner by the respondent;
and
3. That it is to the best interest of the minor concerned to be in the custody of petitioner and not
that of the respondent (Sombong v. CA, GR No. 11876).

F. Filing of Answer: Respondent must file a verified answer within 5 days from the service of summons
and copy of the petition. Pre-trial is mandatory (Sec. 9).

G. Where to file Return: In writ of habeas corpus in relation to custody of minors, the writ may be made
returnable to a Family Court or to any regular court within the region where the petitioner resides or where
the minor may be found for hearing and decision on the merits (Sec. 20).

H. Provisional order awarding custody:

As far as practicable, the following order of preference shall be observed in the award of custody:

1. Both parents jointly;

2. Either parent, taking into account all relevant considerations, especially the choice of the
minor over 7 years of age and of sufficient discernment, unless the grandparent chosen is unfit
or disqualified;
 3. The grandparent or if there are several grandparents, the grandparent chosen by the minor
over 7 years of age and of sufficient discernment, unless the grandparent chosen is unfit or
disqualified;
4. The eldest brother or sister over 21 years of age unless he or she is unfit or disqualified;
5. The actual custodian of the minor over 21 years of age unless the former is unfit or
disqualified; or
6. Any other person or institution the court may deem suitable to provide proper care and
guidance for the minor (Sec. 13)

I. Temporary visitation rights: The court shall provide in its order awarding provisional custody
appropriate visitation rights to the non- custodial parent or parents unless the court funds said parent or
parents unfit or disqualified (Sec. 15).

J. Issuance of Hold Departure Order: The minor child cannot be brought out of the country without
leave from court while the petition is pending. The minor child subject of the petition shall not be brought
out of the country without prior order from the court while the petition is pending.

The court, motu proprio or upon application under oath, may issue ex parte a hold departure order,
addressed to the Bureau of Immigration and Deportation, directing it not to allow the departure of the
minor from the Philippines without the permission of the court (Sec. 16).