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SESSION 1: OVERVIEW

§ Let’s start by reading the three rules—Habeas Corpus, Amparo, and


Habeas Data.
§ While reading, it would be helpful to: (a) chart the requirements for each
remedy, including grounds specified, (b) substantive allegations needed,
(c) jurisdictional allegations, if any; (d) limitations on the remedies, if
specified. It would also be helpful, for your reference, to put them side by
side in a table or a matrix to see if there are overlaps in the remedies
provided.
• Read these representative or illustrative cases:

A. Habeas corpus:
• Villavicencio v. Lukban, G.R. No. 14639, March 25, 1919;
• Gumabon v. Director of Prisons, G.R. No. L-30026, January 30, 1971;
• In re: Ilagan v. Ponce Enrile, G.R. No. 70748, October 29, 1985;

B. Amparo:
• Secretary of National Defense v. Manalo, et al., G.R. No. 180906,
October 7, 2008
§ Razon Jr., et al. v. Tagitis, G.R. No. 182498, December 3, 2009;
§ Zarate v. Aquino III, G.R. No. 220028 (Notice), November 10, 2015;

C. Habeas Data:
§ Vivares v. St. Theresa’s College, et al., G.R. No. 202666, September 29,
2014;
§ Leila de Lima v. Rodrigo Roa Duterte, G.R. No. 227635, October 15,
2019; (see concurring opinion of Leonen, J.);
§ Leila de Lima v. Rodrigo Roa Duterte, G.R. No. 227635, November 3,
2020 (see dissenting opinion of Leonen, J.);

§ After reading the rules and the representative cases for the three writs, ask
yourself these questions:

o In what ways are the writs similar and in what ways are they
different?
o In which instances would the writs be the most efficacious and in
which instances would they not be efficacious?

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