Comparison of the Writs

Writ of Habeas Corpus Writ of Amparo Writ of Habeas Data

Essence -involves the night to liberty
-Extends to all cases of illegal
confinement or detention by
which any person is deprived
of his liberty or by which the
rightful custody of any person
is withheld from the person
entitled thereto
-involves the night to life, -involves the night to privacy in
liberty, and security life, liberty, and security.
-covers extrajudicial killings,
enforced disappearances, and
threats thereof.

De ntion You have the body To protect You have the data

Availability It is writ directed to the It is available to one whose A remedy available to an

person detaining another,
commanding him to produce
the body of the prisoner at a
designated time and place,
with the day and cause of his
caption and detention, to do,
submit to, and receive
whatever the court or judge
awarding the writ shall
consider in that behalf.
right to life, liberty, and
s e c u r i t y a re v i o l a t e d o r
threatened with violation of an
unlawful act or omission of a
public official or employe or of
a private individual or entity.
The writ covers extralegal
killings and enforced
disappearances or threats
thereof.
person whose right to privacy
in life, liberty, or security is
violated or threatened by a 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 Fata or
information regarding the
person, family, home, and
correspondence of the
aggrieved party.

Available (1) Deprivation of liberty; and A violation or threatened by A violation or threatened

Against (2) Withholding the rightful an unlawful act or omission of: violation of the right to privacy
custody of any person in life, liberty, or security by an
(1) A public official; unlawful act or omission of:
(2) A public employee; and (1) A public official;
(3) A private individual or (2) A public employee;
entity (3) 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.

Coverage (1) A l l c a s e s o f i l l e g a l (1) Extrajudical Killings (1) gathering;

confinement or detention (2) Enforced disappearances (2) collecting; or
by which any person is (3) s t o r i n g o f d a t a o r
deprived of his liberty; information regarding:
(2) The rightful custody of any (4) the person, family, home,
person is withheld from and correspondence of the
the person entitled aggrieved party.
thereto.
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 Who may le: Party for whose relief it is A g g r i e v e d p a r t y o r a n y
intended, or by some person qualified person or entity in
on his behalf the following order:
(1) member of immediate
family, (SCP);
(2) Any A, D, or C within the
fourth civil degree of
consanguinity or affinity, in
default of (1);
(3) Any concerned citizen, or
organization, association,
or institution, if there is no
known member of (1) and
(2)
GR: Aggrieved Party
EXCEPTIONS: in cases of
extralegal killings and enforced
disappearances, the petition
may be filed by:
(1) a n y m e m b e r o f t h e
immediate family (SCP);
(2) In default thereof any A, D,
C, within the 4th degree of
consanguinity or affinity.

Venue (1) RTC where the person is (1) RTC where the threat, act, (1) RTC where petitioner or
detained; or omission was respondent resides or that
(2) Sandiganbayan; committed or any of its which has jurisdiction over
(3) Court of Appeals; elements occurred the place where the data or
(4) Supreme Court; thereof; information is gathered,
(5) Or any Justice of the three (2) Sandiganbayan; collected, or stored, at the
preceding courts (3) CA option of the petitioner;
(4) SC (2) Sandiganbayan;
(5) Or any justice of the three (3) CA;
preceding courts (4) Supreme Court
When the action concerns
public data files of the
government (2-4)

Enforceability Issued by the SB, CA, SC any Anywhere in the Philippines Anywhere in the Philippines
of Writ where in the Philippines;

RTC within its judicial district

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 Where Writ is Issued by RTC or Judge RTC or judge thereof, before RTC or judge thereof: before
Returned: thereof, before such court or such court or such judge; such court or judge where the
judge thereof; p e t i t i o n e r o r re s p o n d e n t
SB/ CA/ justices: before such resides or that which has
SB, CA, before such court or court or justice thereof, any jurisdiction over the place
justice RTC where the TAO was where the data or information
committed or any of its is gathered, collected, or
elements occurred; stored

SC or any of its justices: SB / CA or any of its justices:

before such court or justice
thereof; SB or CA or any of its
justices, any RTC here the
TAO was committed or any of
its elements occurred;
before such court or justice
where the thereat, act, or
omission was committed or
any of its elements occurred
SC or any of it justices: before
such court or justice thereof;
SB or CA, or any of its justices;
RTC or judge thereof: before
such court or judge where the
p e t i t i o n e r o r re s p o n d e n t
resides or that which has
jurisdiction over the place
where the data or information
is gathered, collected, or
stored

When to le On any day and at any time On any day and at anytime Only indigent petitioner is
docket fees exempt from docket and other exempt from ticket and other
lawful fees lawful fees

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 Contents of (1) Person in whose behalf
Petition the application is Mae is
imprisoned or restrained
on his liberty;
(2) Officer or name of the
person by whom he is
imprisoned or restrained;
or if both are unknown or
uncertain, such officer or
person may be described
by an assumed
appellation, and the
person who is served with
the writ shall be deemed
the person intended;
(3) Place where he is so
imprisoned or restrained if
known;
(4) A copy of the commitment
or cause of detention of
such person, if it can be
produced without
impairing the efficiency of
the remedy or if the
imprisonment or restraint
is without any legal
authority, such fact shall
appear
The petition shall be signed
and verified.
Issuance of Writ shall be issued if it Writ shall be issued if it Writ shall be issued if it
the Writ appears that the writ ought to appears that the writ ought to appears that the writ ought to
issue; issue;
Summary
Hearing
(1) Personal circumstances of
the petitioner
(2) N a m e a n d p e r s o n a l
circumstances of the
respondent responsible for
the threat, act, omission or
if the name is unknown or
uncertain, the respondent
may be described by an
assumed appellation;
(3) Right to life, liberty, and
security of the aggrieved
party violated or
threatened with violation
by an unlawful act or
omission of the
respondent and how such
t h re a t o r v i o l a t i o n i s
committed with the
attendant circumstances
detailed in supporting
affidavits;
(4) Investigation conducted, if
any, specifying the names,
persona circumstances,
and addressed of the
investigating authority or
individuals as well as the
manner and conduct of
the investigation together
with any report;
(5) Actions and recourses
taken by the petitioner to
determine the fate or
whereabouts of the
aggrieved party and the
identity of the person
responsible for the threat,
act, or omission; and
(6) Relief prayed for.
The petition must be signed
and verified.
issue;
Not later than seven days Not later than ten working
from the date writ was issued days from the date the writ was
issued.
(1) Personal circumstances of
the petitioner and the
respondent;
(2) Manner the right to privacy
is violated or threatened
and how it affects the right
to life, liberty, or security of
the aggrieved party;
(3) Actions and resources
taken by the petitioner to
secure the date or
information;
(4) L o c a t i o n o f t h e f i l e s ,
registers, or databases, the
government office and the
person in charge, in
possession or in control of
the data or information, if
known;
(5) Reliefs prayed for, which
may include he updating,
rectification, suppression or
destruction of the database
or information or files kept
by the respondent;
(6) In case of threats, the relief
may include a prayer for an
order enjoining the act
complained of;
(7) Such other relevant reliefs
as are justified and
equitable.
The petition shall be in writing
and must be verified.

 How Served Leaving the original with the
person to whom it is directed
and preserving a copy on
which to make return or
service.
The writ shall be served upon The writ shall be served upon
the respondent personally, if the respondent personally, if
that is not possible then by the same is not feasible, then
substituted service. by substituted service.

If that person cannot be found

or has not the prisoner in his
custody, then the service shall
be made on any other person
having or exercising such
custody

Return The return or statement shall Within 72 hours after the Verified written return together
be signed by the person who s e r v i c e o f t h e w r i t , t h e with supporting affidavits
makes it respondent shall file a verified within five working days from
written return together with service of the writ
The return shall also be sworn supporting affidavits
by him if the prisoner is not The period may be reasonably
produced extended by the Court for
justifiable reasons
In all other cases unless the
return is made and signed by
a public officer in his official
capacity

Effect of Hearing of the petition shall Hearing of the petition shall

Failure to File proceed ex party proceed ex party;
a Return
The court may also grant the
petitioner such relief as the
petition may warrant unless the
court inits discretion require
the petitioner to submit
evidence

Prohibited
Motions

Available (1) TPO

Interim Reliefs (2) IO
(3) PO
(4) WPO

 Judgement When judge is satisfied that T h e c o u r t s h a l l r e n d e r The court shall render

the aggrieved is unlawfully judgment within 10 days from judgment within 10 days from
restrained or imprisoned: the time the potion is the time the potion is
submitted for decision. If the submitted for decision. If the
(1) f o r t h w i t h o r d e r h i s allegations in the petite are allegations in the petite are
discharge fro confinement; p r o v e n b y s u b s t a n t i v e proven by substantive
(2) Such discharge shall not evidence, the court shall grant evidence, the court shall enjoin
be effective until a copy of the privilege of the writ and the act complained of, or order
the order has been served such reliefs as may be proper the deletion, destruction, or
on the officer or person and appropriate; otherwise, rectification of the erroneous
detaining the prisoner; the privilege shall be denied data or information and rant
(3) If the officer or person other relevant reliefs as may be
detaining the prisoner just and equitable.; otherwise,
does not desire to appeal, the privilege of the writ shall
the prisoner shall be be denied. Upon its finality, the
forthwith released. judgement shall be enforced
by the sheriff or any lawful
officers as may designated by
the court within 5 working
days.

Appeal 48 hours from notice of Rule 45 to the SC, five Rule 45 to the SC, five working
j u d g m e n t a p p e a l e d b y working days from the date of days from the date of notice of
ordinary appeal notice of adverse judgment adverse judgment

Institution of NON-PRECLUSION NON-PRECLUSION

separate
action

Effect of No Separate petition for the No Separate petition for the

Filling a Prior writ shall be filed, the reliefs of writ shall be filed, the reliefs of
Criminal the writ shall be availed by the writ shall be availed by
Action motion in the criminal case motion in the criminal case

Consolidation Writ consolidated with the Writ consolidated with the

subsequent criminal case. subsequent criminal case.