WRIT

OF HABEAS CORPUS WRIT OF AMPARO WRIT OF HABEAS DATA

A remedy available to any person whose
A remedy available to any person whose right to right to privacy in life, liberty or
A remedy available to any person, it
life, liberty and security is violated or security is violated or threatened by an
covers cases of illegal confinement or
threatened with violation by an unlawful act or unlawful act or omission of a public
detention by which any person is
omission of a public official or employee, or of a official or employee, or of a private
deprived of his liberty, or by which the
private individual or entity. The writ covers individual or entity engaged in the
rightful custody of any person is
extrajudicial killings and enforced gathering, collecting or storing of data or
withheld from the person entitled
disappearances or threats thereof. It is a form of information regarding the person, family,
thereto.
constitutional relief. home and correspondence of the
aggrieved party.
Who may file the petition
(In order):
a) Any member of the immediate family: spouse,
children and parents of the aggrieved party; (In order):
b) Any ascendant, descendant or collateral a) Any member of the immediate family:
relative of aggrieved party within the 4th civil spouse, children and parents of the
By the party for whose relief it is
degree of consanguinity or affinity; aggrieved party;
intended, or by some person on his
c) Any concerned citizen, organization, b) Any ascendant, descendant or
behalf.
association or institution, if no known collateral relative of aggrieved party
member of the immediate family. within the 4th civil degree of
d) Filing by the aggrieved party suspends the consanguinity or affinity.
right of all other authorized persons to file
such petition.
Where to file the petition
● SC, CA and Sandiganbayan;
● RTC:
1. Where petitioner resides; or
● RTC (where detainee is detained) 2. Where respondent resides;
● SC, CA and Sandiganbayan;
○ enforceable within its area of 3. Which has jurisdiction over the
● RTC of the place where the threat, act or
jurisdiction. place where data or information is
omission was committed or any of its
● CA or SC gathered, etc.
elements occurred.
o enforceable anywhere in the
Writ is enforceable anywhere in the Philippines.
Philippines NOTE: All at the option of the petitioner.

Writ is also enforceable anywhere in the
Philippines.
 Petitioner is exempted to pay docket and other Indigent petitioner is exempted to pay

lawful fees. docket and other lawful fees.
When issued
Immediately if on its face it ought to be
Forthwith when a petition therefor is Immediately if on its face it ought to be issued; issued; Served within 3 days from
presented and it appears that the writ Served immediately; Summary hearing set not issuance; Summary hearing set not later
ought to issue. later than seven (7) days from date of issuance than ten (10) work days from date of
issuance.
Contents of verified petition
a) Personal circumstances of petitioner
and respondent;
a) That the person in whose behalf the a) Personal circumstances of petitioner and of b) The manner the right to privacy is
application is made is imprisoned or respondent responsible for the threat, act or violated or threatened and how it
restrained of his liberty; omission; affects the right to life, liberty or
b) The officer or name of the person by b) Violated or threatened right to life, liberty and security of aggrieved party;
whom he is so imprisoned or security of aggrieved party, and how c) Actions and recourses taken by
restrained; or, if both are unknown committed with attendance circumstances petitioner to secure the data or
or uncertain, such officer or person detailed in supporting affidavits; information;
may be described by an assumed c) Investigation conducted, specifying names, d) Location of files, registers or
appellation, and the person who is personal circumstances and addresses of databases, government office, and the
served with the writ shall be deemed investigating authority or individuals, as well person in charge, in possession or in
the person intended; as manner and conduct of investigation control of the data or information, if
c) The place where he is so imprisoned together with any report; known;
or restrained, if known; d) Actions and recourses taken by petitioner to e) Reliefs prayed for, which may include
d) A copy of the commitment or cause of determine the fate or whereabouts of the updating, rectification,
detention of such person, if it can be aggrieved party and identity of person suppression or destruction of the
procured without impairing the responsible for the threat, act or omission; database or information or files kept
efficiency of the remedy; or, if the and by respondent;
imprisonment or restraint is without e) The relief prayed for. f) In case of threats, relief may include a
any legal authority, such fact shall f) May include general prayer for other just and prayer for an order enjoining the act
appear. equitable reliefs. complained of; and
g) Such other reliefs that are just and
equitable.
Contents of return
a) Whether he has or has not the party in
Within 72 hours after service of the writ,
his custody or power, or under
respondent shall file a verified written return
restraint;
together with the supporting affidavits, which
b) If he has the party in his custody or
shall contain: a) Lawful defenses such as national
power, or under restraint, the
a) Lawful defenses; security, state secrets, privileged
authority and the true and whole
b) Steps or actions taken to determine communications, confidentiality of
cause thereof, set forth at large, with a
whereabouts of aggrieved party; source of information;
copy of the writ, order, execution, or
c) All relevant information pertaining to threat, b) Disclosure of data/info about
other process, if any, upon which the
act or omission against aggrieved party; petitioner, nature of data/info,
party is held;
d) If respondent is a public official or employee, purpose of collection;
c) If the party is in his custody or power
further state: c) Steps or actions taken by respondent
or is restrained by him, and is not
1. verify the identity of aggrieved; to ensure security and confidentiality
produced, particularly the nature and
2. recover and preserve evidence related to of data or information;
gravity of the sickness or infirmity of
death or disappearance of person d) Currency and accuracy of data or
such party by reason of which he
identified in petition; information;
cannot, without danger, be brought
3. identify witnesses and their statements; e) Other allegations relevant to
before the court or judge;
4. Determine cause, manner, location and resolution of the proceedings.
d) If he has had the party in his custody
time of death or disappearance as well as
or power, or under restraint, and has
pattern or practice; NOTE: A general denial of the allegations
transferred such custody or restraint
5. identify and apprehend person/s involved in the petition is not allowed.
to another, particularly to whom, at
in the death/disappearance;
what time, for what cause, and by
6. Bring suspected offenders before a
what authority such transfer was
competent court.
made.
Filing of return
Verified written return within 5 work days from Verified written return within 5 days
Signed and shall also be sworn to if the service of writ. from service of writ.
prisoner is not produced Cannot be extended except on highly meritorious May be reasonably extended by the court
grounds for justifiable grounds
Effect of failure to file return
The court, justice or judge shall proceed
to hear the petition ex parte, granting the
The court, justice or judge shall proceed to hear
petitioner such relief as the petition may
the petition ex parte.
warrant unless the court in its discretion
requires petitioner to submit evidence.
Procedure for hearing
 The hearing on the petition shall be summary.
The hearing on the petition shall be
However the court, justice or judge may call for a
summary. However the court, justice or
preliminary conference to simplify the issues and
judge may call for a preliminary
determine the possibility of obtaining
conference to simplify the issues and
stipulations and admissions from the parties.
determine the possibility of obtaining
The hearing shall be from day to day until
stipulations and admissions from the
completed and given the same priority as
parties.
petitions for habeas corpus.
Prohibited motions/pleadings
a) Motion to Dismiss
b) Motion for extension of time to file
a) Motion to Dismiss
return, opposition, affidavit, position
b) Motion for extension of time to file return, paper and other pleadings;
opposition, affidavit, position paper and other c) Dilatory motion for postponement;
pleadings;
d) Motion for a bill of particulars;
c) Dilatory motion for postponement;
d) Motion for a bill of particulars; e) Counterclaim or cross-claim;
e) Counterclaim or cross-claim; f) Third-party complaint;
g) Reply;
f) Third-party complaint;
h) Motion to declare respondent in
g) Reply;
h) Motion to declare respondent in default; default;
i) Intervention;
i) Intervention;
j) Memorandum; j) Memorandum;
k) Motion for reconsideration of interlocutory k) Motion for reconsideration of
orders or interim relief orders; and interlocutory orders or interim relief
l) Petition for certiorari, mandamus or orders; and
l) Petition for certiorari, mandamus or
prohibition against any interlocutory order.
prohibition against any interlocutory
order.
Interim reliefs
 1) Temporary Protection Order – protected in
a government agency of by an accredited
person or private institution capable of
keeping and securing their safety;
2) Inspection Order – with a lifetime of 5 days
which may be extended, may be opposed on
the ground of national security or privileged
information, allows entry into and inspect,

measure, survey or photograph the property;
3) Production Order – to require respondents
to produce and permit inspection, copying or
photographing of documents, papers, books,
accounts, letters, photographs, objects or
tangible things that contain evidence.
4) Witness Protection Order – the court may
refer the witnessed to the DOJ
Effect of filing a criminal action
A criminal action first filed excludes the filing of A criminal action first filed excludes the
the writ; relief shall be by motion in the criminal filing of the writ; relief shall be by motion
case. A criminal case filed subsequently shall be in the criminal case; A criminal case filed
consolidated with the petition for the writ of subsequently shall be consolidated with
amparo. the petition for the writ of habeas data.
Judgment
When the court or judge has examined
into the cause of caption and restraint of
The court shall render judgment within
the prisoner, and is satisfied that he
10 days from the time the petition is
is unlawfully The court shall render judgment within 10 days
submitted for decision. If the allegations
imprisoned or restrained, he shall from the time the petition is submitted for
are proven by substantial evidence, the
forthwith order his discharge from decision. If the allegations in the petition are
court shall enjoin the act complained of,
confinement, but such discharge shall not proven by substantial evidence, the court shall
or the deletion, destruction, or
be effective until a copy of the order has grant the privilege of the writ and such reliefs as
rectification of the erroneous data or
been served on the officer or person may be proper and appropriate; otherwise, the
information and grant other reliefs as
detaining the prisoner. If the officer or privilege shall be denied.
may be just and equitable; otherwise the
person detaining the prisoner does not
privilege shall be denied.
desire to appeal, the prisoner shall be
forthwith released.
 Appeal
An appeal in habeas corpus cases shall be
perfected by filing with the clerk of court
or the judge, within 48 hours from notice
of judgment, a notice of appeal.
Rule 45 by petition for review on certiorari with Any party may appeal the decision within

peculiar features: 5 working days from the final judgment
A writ of habeas corpus does not lie
1. Appeal may raise questions of fact or law or or order to the SC by way of Petition for
where petitioner has the remedy of
both; Review on Certiorari under Rule 45 on
appeal or certiorari because it will not be
2. Period of appeal shall be 5 working days from pure questions of law and facts or both, to
permitted to perform the functions of a
the date of notice of the adverse judgment; be given the same priority as habeas
writ of error or appeal for the purpose of
3. Same priority as habeas corpus cases. corpus and amparo cases.
reviewing mere errors or irregularities in
the proceedings of a court having
jurisdiction over the person and the
subject matter.