WRITS

Writ of Habaeas Corpus Writ of Amparo Writ of Habaeas Data

Scope 1. Illegal confinement or detention

Extralegal killings and enforced protect the image, privacy, honor,
2. Deprivation of rightful custody if withheld disappearance or threats
information, and freedom of
information of an individual
To protect
Limitations May not be suspended 

XPN: invasion, rebellion, public safety Shall not diminish, modify, increase substantive rights
requires
Availability of writ

Who may file 1. Party for whose relief is intended

1. Aggrieved party
1. Aggrieved party
2. Person on his behalf 2. Qualified Person/entity

(Immediate, A/D/C, Concerned
Citizen)
Where MTC, RTC, CA, SC RTC, (where committed)
RTC (petitioner/respondent resides,
jurisdiction over place data is stored)



SB, CA, SC (if public data files of
SB, CA, SC govt. offices)
When Any day Any day

Enforceable SC/CA- anywhere 
 Anywhere in Phil. Anywhere in Phil



RTC - judicial region
Docket fees Upon disposition as to costs No docket fees No fees for indigent petitioners

Respondent May or may not be officer Public Official/ Private Individual or Public Official/ Private Individual or
Entity Entity engaged in gathering
Denial No general denial allowed

Quantum of proofs clear and convincing evidence Substantial evidence

 WRITS

Writ of Habaeas Corpus Writ of Amparo Writ of Habaeas Data

Contents of Petition 1. Signed and verified

1. Signed and Verified
1. Verified

2. Person who is imprisoned

2. Petitioner
2. Petitioner

3. Officer
3. Respondent
3. Respondent

4. Place where he is imprisoned, if known

4. Right to life, liberty and security 4. Right to privacy violated

5. Copy of Commitment/ cause of violated

5. Investigation conducted

detention 5. Investigation conducted

6. Actions and recourses taken

6. Actions and recourses taken

7. Prayers

7. Prayers 8. Location of files

Writ vs Privilege
vs. Search Warrant

Preliminary Citation vs. Peremptory writ

Contents of Return 1. Written and signed
1. Verified Written
1. Verified Written

2. Sworn if Prisoner is not produced

2. Lawful defenses
2. Lawful defenses

3. Authority and Cause - If he has the party 3. Steps taken by respondent to 3. Disclosure of data, steps taken,
in custody or under restraint
determine the date or currency and accuracy of data

4. Nature and gravity of sickness -has the whereabouts

4. Resolution relevant to the
party and not produced
4. All relevant info
proceeding

5. To whom if transferred such custody 5. If public official, verify the identity

and recover evidence, determine * Heard in Chambers

the cause, apprehend persons 1. National Security/ State Secrets

involved, bring suspected 2. Cannot divulge to public due to

offenders
its privilege character
6. Resolution relevant to the
investigation
Period of return Specified on the writ Return Filed within 5 days after service of writ, with affidavits

Nature of Hearing Summary Summary- preliminary conference)

Effects of Failure to return Forefeit the sum of 1000 and contempt Hear the petition ex parte

Contempt punishable by imprisonment or fine

 WRITS

Writ of Habaeas Corpus Writ of Amparo Writ of Habaeas Data

When not allowed 1. Denial of right to bail

2. Has Remedy of appeal or certiorari

3. Correcting errors in facts/ law

4. Enforcing marital rights

5. Under lawful process or order of court,

lawfully committed

6. By virtue of final judgement

Judgement Render judgment within 10 days

Appeal Within 48 hours from notice of judgement SC under Rule 45, 


within 5 days from the date of notice of adverse judgement
Institution of separate Neither preclude
action
Effect of filing criminal no separate petition for the writ

action
Reliefs shall be available by motion in criminal case

Consolidation Criminal action is filed subsequent to the petition for writ

= CONSOLIDATED with crim

Interim reliefs Petitioners (petition before final
judgement)

1. Temporary Protection Order

2. Inspection order

3. Production Order

4. Witness Protection Order



Respondent (verified motion and due
hearing)

1. Inspection Order

2. Production order