WRIT OF HABEAS AMPARO HABEAS DATA

CORPUS
REMEDY FOR Sec. 1 Sec. 1 Sec. 1

To all cases of To any person whose To any person whose

illegal confinement right to life, liberty and right to privacy in life,
or detention security is violated or liberty and security is
threatened with violated or threatened
1.By which any violation by any with violation by an
person is deprived unlawful act or unlawful act or
of his liberty; or omission of a public omission of a public
2. By which the official or employee, official or employee,
rightful custody of or of a private or of a private
any person is individual or entity. individual or entity
withheld from the engaged in:
person entitled
thereto 1.Gathering
2.Collecting
3.Storing of data or
information regarding
the person, family,
home and
correspondence of the
aggrieved party

EFFECTIVITY 1 July 1997 October 24 2007 February 2 2008

Sec. 12
WHEN DEFENSES NONE NONE May be heard in
MAY BE HEARD chambers
IN CHAMBERS

PROHIBITED Sec. 11 Sec. 13

PLEADING AND (a) Motion to (m) Motion to
MOTIONS dismiss dismiss
(b) Motion for (n) Motion for
extension of extension of
time to file time to file
return, return,
opposition, opposition,
affidavits, affidavits,
position paper position paper
 and other and other
pleadings pleadings
(c) Dilatory motion (o) Dilatory motion
for for
postponement postponement
(d) Motion for a (p) Motion for a
bill of bill of
particular particular
(e) Counterclaim (q) Counterclaim
or cross-claim or cross-claim
(f) Third-party (r) Third-party
complaint complaint
(g) Reply (s) Reply
(h) Motion to (t) Motion to
declare declare
respondent in respondent in
default default
(i) Intervention (u) Intervention
(j) Memorandum (v) Memorandum
(k) Motion for (w) Motion for
reconsideration reconsideration
Of Of
interlocutory interlocutory
orders or orders or
interim relief interim relief
orders orders
(l) Petition for (x) Petition for
certiorari, certiorari,
mandamus or mandamus or
prohibition prohibition
against any against any
interlocutory interlocutory
order order

Sec. 14
EFFECT OF Sec. 12 In case the respondent
FAILURE TO FILE In case the respondent fails to file a return, the
A RETURN fails to file a return, the court, justice or judge
court, justice or judge shall proceed to hear
shall proceed to hear the petition ex parte,
the petition ex parte granting the petitioner
such relief as the
petitioner may warrant
unless the court in its
 discretion requires the
petitioner to submit
evidence.

SUMMARY Sec. 13 Sec. 15

HEARING The hearing on the
petition shall be Same with Writ of
summary. However, Amparo
the court, justice, or
judge may call for a
preliminary conference
to simplify the issues
and determine the
possibility of obtaining
stipulations and
admissions from the
parties.

The hearing shall be

from day to day until
completed and given
the same priority as
petitions for habeas
corpus

INTERIM RELIEFS Sec. 12 Sec. 14.

1 Unless for good SEC. 14.

cause shown, the Interim Reliefs.
hearing is — Upon filing
adjourned, in which of the petition
event the court or at anytime
shall make an order before final
for the safe keeping judgment, the
of the person
court, justice or
imprisoned or
judge may
restrained as the
grant any of
nature of the case
requires the following
reliefs:
2. The court or
judge must be (a) Temporary
satisfied that the Protection
person’s illness is Order. – The
so grave that he court, justice or
cannot be produced judge, upon
without any danger. motion or
motu proprio,
may order that
the petitioner
or the
aggrieved party
and any
member of the
immediate
family be
protected in a
government
agency or by an
accredited
person or
private
institution
capable of
keeping and
securing their
safety. If the
petitioner is an
organization,
association or
institution
referred to in
Section 3(c) of
this Rule, the
protection may
be extended to
the officers
involved.

The Supreme
Court shall
accredit the
persons and
private
institutions
that shall
extend
temporary
protection to
the petitioner
or the
aggrieved party
and any
member of the
immediate
family, in
accordance
with guidelines
which it shall
issue.

The accredited
persons and
private
institutions
shall comply
with the rules
and conditions
that may be
imposed by the
court, justice or
judge.

(b) Inspection
Order. — The
court, justice or
judge, upon
verified motion
and after due
hearing, may
order any
person in
possession or
control of a
designated
land or other
property, to
permit entry
for the purpose
of inspecting,
measuring,
surveying, or
photographing
the property or
any relevant
object or
operation
thereon.

The motion
shall state in
detail the place
or places to be
inspected. It
shall be
supported by
affidavits or
testimonies of
witnesses
having
personal
knowledge of
the enforced
disappearance
or
whereabouts
of the
aggrieved
party.

If the motion is
opposed on the
ground of
national
security or of
the privileged
nature of the
information,
the court,
justice or judge
may conduct a
hearing in
chambers to
determine the
merit of the
opposition.
The movant
must show that
the inspection
order is
necessary to
establish the
right of the
aggrieved party
alleged to be
threatened or
violated.

The inspection
order shall
specify the
person or
persons
authorized to
make the
inspection and
the date, time,
place and
manner of
making the
inspection and
may prescribe
other
conditions to
protect the
constitutional
rights of all
parties. The
order shall
expire five (5)
days after the
date of its
issuance,
unless
extended for
justifiable
reasons.
(c) Production
Order. – The
court, justice or
judge, upon
verified motion
and after due
hearing, may
order any
person in
possession,
custody or
control of any
designated
documents,
papers, books,
accounts,
letters,
photographs,
objects or
tangible things,
or objects in
digitized or
electronic
form, which
constitute or
contain
evidence
relevant to the
petition or the
return, to
produce and
permit their
inspection,
copying or
photographing
by or on behalf
of the movant.

The motion
may be
opposed on the
ground of
national
security or of
the privileged
nature of the
information, in
which case the
court, justice or
judge may
conduct a
hearing in
chambers to
determine the
merit of the
opposition.

The court,
justice or judge
shall prescribe
other
conditions to
protect the
constitutional
rights of all the
parties.

(d) Witness
Protection
Order. – The
court, justice or
judge, upon
motion or
motu proprio,
may refer the
witnesses to
the
Department of
Justice for
admission to
the Witness
Protection,
Security and
Benefit
Program,
pursuant to
Republic Act
No. 6981.
 The court,
justice or judge
may also refer
the witnesses
to other
government
agencies, or to
accredited
persons or
private
institutions
capable of
keeping and
securing their
safety.

APPEAL
Sec. 15 Sec. 19 Sec. 19

In relation to Sec 3 Rule 45 by petition for Same as WOA

of Rule 42 and Sec review on certiorari
39 of BP 129 – 48 with peculiar
hours from notice Features:
of judgment appeal 1. Appeal may
from by ordinary raise questions
appeal of fact or law
or both;
2. Period of
appeal shall be
5 working days
from the date
of notice of the
adverse
judgment
3. Same priority
as habeas
corpus cases

RETURN OF
SERVICE Sec. 17
 The officer who
executed the final
judgment shall make a
verified return within 3
days from its
enforcement

Sec. 20
ARCHIVING AND
REVIVAL OF The court shall not
CASES dismiss the petition but
shall archive it, if upon
its determination it
cannot proceed for a
valid cause such as the
failure of the petitioner
or witnesses to appear
due to threats on their
lives. The petition
shall be dismissed with
prejudice upon failure
to prosecute the case
after the lapse of two
(2) years from notice
to the petitioner of the
order archiving the
case.

Sec 24 Sec. 24
Substantive Rghts
The rule shall not Difference is that in
diminish, increase or WOA, the Constitution
modify substantive provides the law from
rights recognized and which the substitute
protected by the rights exist
Constitution

SUPPLETORY RULE 72. Sec 2 Sec. 25

APPLICATION OF Sec. 24
THE RULES OF In the absence of The Rules of Court
COURT special provisions, shall apply suppletorily Same as WOA
 the rules provided insofar as it is not
for in ordinary inconsistent with this
actions shall be, as Rule
far as practicable,
applicable in
special proceedings

Institution of Sec. 21 Sec.20

Separate Actions This Rule shall not Same as WOA
preclude the filing of
separate criminal, civil
or administrative
actions.

Effects of Filing
Criminal Action Sec. 22 Sec 21

When a criminal action Same as WOA

has been commenced,
no separate petition for
the writ shall be filed.
The reliefs under the
writ shall be available
by motion in the
criminal case.

CONSOLIDATION Sec.23 Sec. 22

When a criminal action Same as WOA

is filed subsequent to
the filing of a petition
for the writ, the latter
shall be consolidated
with the criminal
action.

When a criminal action

and a separate civil
action are filed
subsequent to a
petition for a writ of
amparo, the latter shall
be consolidated with
the criminal action.
JUDGMENT Sec 15 Sec. 18 Sec. 16

When the court or The court shall render Same with WOA with
judge has examined judgment within ten an addition that upon
into the cause of (10) days from the finality, the judgment
caption and time the petition is shall be enforced by
restraint of the submitted for decision. the sheriff or any
prisoner, and is If the allegations in the lawful officers as may
satisfied that he is petition are proven by be designated by the
unlawfully substantial evidence, court, justice or judge
imprisoned or the court shall grant within 5 working days.
restrained, he shall the privilege of the
forthwith order his writ and such reliefs as
discharge from may be proper and
confinement, but appropriate; otherwise,
such discharge the privilege shall be
shall not be denied.
effective until a
copy of the order
has been served on
the officer or
person detaining
the prisoner. If the
officer or person
detaining the
prisoner does not
desire to appeal, the
prisoner shall be
forthwith released.