HABEAS CORPUS UNDER RULE 102 2 kinds of cases 1) Illegal confinement or detention by which a person is deprived of liberty 2) rightful custody of a person is withheld from the person entitled thereto ~ Literal meaning: "produce the body" = Proceeding in rem = Summary proceeding Guiinialy teceeuing = Which court has jurisdiction? 1) Supreme Court or any Justice 2) Court of Appeals or any Justice 3) RTC or any judge ~ Habeas corpus is not allowed when a person is deprived of liberty in the following instances: 1) By virtue of a lawful process issued by a court or judge having jurisdiction 2) By virtue of a judgment or order of a court of record having jurisdiction = Aperson shall not be discharged pursuant to a writ of habeas corpus in the following situations: 4) Whan he ie charned with an affance + Aperson shall not be discharged pursuant to a writ of habeas corpus in the following situations: 1) When he is charged with an offense 2) When he is convicted of an offense Page 219 3) When he is imprisoned under a lawful judgment - Writ of habeas corpus - equivalent to summons, through which the court acquires jurisdiction over the person of the respondent= Writ of habeas corpus - equivalent to summons, through which the court acquires jurisdiction over the person of the respondent = Verified return - equivalent to answer in ordinary civil actions HABEAS CORPUS - CHILDREN = Which court has jurisdiction? - Family Courts; if none, regular courts Venue - Where petitioner resides or the minor may be found Venue ~ Where petitioner resides or the minor may be found + Thorton vs. Thornton, GR 154598 (2004) ~ The Family Courts Act (RA 8369) did not deprive the SC and CA of jurisdiction to issue writs of habeas corpus relating to custody of minors although said Act gave Family Courts exclusive original jurisdiction over such petitions. = The choice of where to file the petition is based on where the writ is to be enforced ~ RTC - judicial region; example: filed in Caloocan, enforceable in Quezon City because these are within the same National Capital Region - CAand SC - Nationwide Habeas corpus cases Andal vs. People (1999) Evangelista vs. Sistoza (2001) People vs. Caco (1997) Tujan-Militante vs. Cada-Deapera (2014) Thornton vs. Thornton (2004) gaepe * Your assignment - read these cases, and get the principles; distill these into a couple of sentences to make them easy to remember AMPARO -_AM NO. 7-9-12-SC - Rule on the writ of amnaro,AMPARO = AM NO. 7-9-12-SC - Rule on the writ of amparo = Amparar - Spanish word: “to protect” > Two situations 1. Enforced disappearances, actual or threatened 2. Extrajudicial killings, actual or threatened Jurisdiction and venue ~ SC, CA, Sandiganbayan - RTC where the threat, act or omission took place = “The petitioner in an amparo case has the burden of Jurisdiction and venue ~ SC, CA, Sandiganbayan - RTC where the threat, act or omission took place = “The petitioner in an amparo case has the burden of proving by substatial evidence the indispensable element of government participation.” (J. De Leon, Special Proceedings: Essentials for Bench and Bar, 2015, pages 435-436) > Cases: 1. Canlas vs. Napico Homeowners Association (2008) 2. Reyes vs. Gonzales (2009) 3. Caram vs. Segui (2014) 4. De Lima vs. Gatdula (2013) * Same assignment - Draw out and write the principles of each case in a couple of sentences. IMPORTANT CASE: - The principles of accountability and responsibility in writ of amparo cases - Read Burgos vs. Chief of Staff G.R. No. 178497 (2014)= Who may file petition? Note the order of preference: 1. Aggrieved party 2. Any member of the immediate family (spouse, children, parents) 3. Ascendant descendant, or collateral relative of the aggrieved party within the 4th civil degree of consanguinity or affinity, in default of those mentioned above 4. Any concerned citizen, organization, association or institution, if there is no known member of the immediate family or relative of the aggrieved party HABEAS DATA HABEAS DATA - AM No. 08-1-16-SC - Rule on the Writ of Habeas Data - To protect a person's right to control information regarding one’s self = Right to privacy in life, liberty and security - Refers to unlawful act or omission by a public official or employee, or a private individual or entity engaged in gathering, collecting or storing data or information regarding the person, family, home and correspondence of the aggrieved party ‘correspondence ot the aggrieved party = Jurisdiction and venue 1. SC 2 CA 3. Sandiganbayan Page bot 4. RTC where petitioner or respondent resides, or which has jurisdiction over the place where the data or information is gathered, collected or stored, at the option of the petitioner‘4, RTC where petitioner or respondent resides, or which has jurisdiction over the place where the data or information is gathered, collected or stored, at the option of the petitioner = Remedies that the court may grant 1. Grant access to the database or information 2. Enjoin the act complained of 3. Incase the database or information contains erroneous data, order its deletion, destruction or rectification KALIKASAN = AM No. 09-6-8-SC Rules of Procedure for Environmental Cases - Writ of Kalikasan = Actual or threatened violation of the right to a balanced and healthful ecology, committed by a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health and property of inhabitants in two or more cities or provinces = Who may avail of the writ? 1. Natural or juridical person 2.Entity authorized by law A Peanle's arnanizations NGOs_anv public Siiy, wivuINy CHvWOTmNCTNar Garage OF Su magnitude as to prejudice the life, health and property of inhabitants in two or more cities or provinces = Who may avail of the writ? 1. Natural or juridical person 2. Entity authorized by law 3.People's organizations, NGOs, any public interest group accredited by or registered with any government agency on behalf of persons whose constitutional right to a balanced and healthful ecology is violated. Page 7089~ Discovery measues 1. Ocular inspection 2. Production or inspection of documents or things PROHIBITED PLEADINGS & MOTIONS AMPARO 1. Motion to dismiss: PROHIBITED PLEADINGS & MOTIONS AMPARO Motion to dismiss; Motion for extension of time to file return; Motion for postponement; Motion for a bill of particulars; Counterclaim or cross-claim; Third-party complaint; Reply; and Motion to declare respondent in default SNOT SONsHABEAS DATA 1. Intervention 2. Memorandum 3. Motion for reconsideration of interlocutory orders or interim relief orders 4. Petition for certiorari, prohibition, mandamus against interlocutory order KALIKASAN 1. Motion to dismiss; 2. Motion for extension of time to file return; 3. Motion for postponemer Page 89 4. Motion for a bill of particulars; 5. Counterclaim or cross-claim; 6. Third-party complai i 8. Reply; and Motion to declare respondent in default. Poy arty uti) Cora