AS TO COVERAGE

Rule 102 — Habeas Corpus Rule on Amparo Rule on Habeas Data

§1 §1 §1
All cases of illegal con nement Cases where a person’s life, Cases where a person’s right to
or detention by which: liberty, and security is violated privacy in life, liberty, and
or threatened with violation by security is violated or
1. The person is deprived of his an unlawful act or omission of a threatened with violation by an
liberty; o public of cial or employee, or of unlawful act or omission or a
a private individual or entity public of cial or employee, or of
2. Rightful custody of the person a private individual or entity
is withheld from the person Also covers extralegal killings engaged in the gathering,
entitled thereto and enforced disappearances collecting, or storing of data or
information regarding the
person, family, home and
correspondence of the aggrieved
party

§2 ⇒ Covers extralegal killings

and enforced disappearances












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 AS TO WHO MAY FILE
Rule 102 — Habeas Corpus Rule on Amparo Rule on Habeas Data

§3 §2 §2
1. The party for whose relief it is Aggrieved Party OR any Aggrieved Party.
intended; or quali ed person/entity in the
following order: For extralegal killings and
2. Some person in his behalf (a) Member of Immediate enforced disappearances,
Family, i.e. spouse, children, petition may be led by:
parents (a) Member of Immediate
Family, i.e. spouse, children,
(b) Ascendant, Descendant, parents; or
Collateral Relative of aggrieved
party w/n 4th civil degree of (b) Ascendant, Descendant,
consanguinity or af nity, in Collateral Relative of aggrieved
default of (a); o party w/n 4th civil degree of
consanguinity or af nity, in
(c) Concerned Citizen, Org., default of (a
Assn., or Institution, if there is
no known member of Immediate
Family or Relative

Filing of Petition suspends right

of all other authorized parties to
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 AS TO CONTENTS OF PETITION
Rule 102 — Habeas Corpus Rule on Amparo Rule on Habeas Data

§3 — Veri ed & Signed §5 — Veri ed & Signed §6 — Veri ed

1) That the person in whose 1) Personal Circumstances of 1) Personal Circumstances of
behalf the application is made is Petitioner Petitioner & Responden
restrained of his libert
2) Name and Personal 2) Manner the right to privacy is
2) Identity of of cer/person Circumstances of Responden violated or threatened and how
restrainin it affects the right to life, liberty,
3) How the right to life, liberty, securit
3) Place of Restraint, if know security is violated or threatene
3) Actions of Petitioner to secure
4) Copy of Commitment or 4) Investigation conducte dat
Cause of Detention
5) Actions of Petitioner to 4) Location of les, databases,
determine fate or whereabout Gov’t of ce, and person in
charge or in possession or in
6) Reliefs prayed for control of dat

5) Reliefs prayed for (may

include updating, rectifying,
suppression or destruction of
data, or other relevant reliefs)
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 AS TO VENUE
Rule 102 — Habeas Corpus Rule on Amparo Rule on Habeas Data

§2 §3 §3
1. RTC 1. RTC of place where threat, 1. RTC of place where
act, omission or any of its petitioner/respondent resides
2. MTC, if there’s no available elements occurred OR where data is gathered or
RTC judge (§35, B.P. 129 stored
2. MTC, if there’s no available
3. Supreme Court or CA, in RTC judge (§35, B.P. 129 2. MTC, if there’s no available
instances authorized by law RTC judge (§35, B.P. 129
3. Supreme Court, CA, or
5. Sandiganbayan, only in aid of Sandiganbayan 3. Supreme Court, CA, or
appellate jurisdiction (§2, R.A. Sandiganbayan WHEN the
7975) action concerns public data les
in Gov’t of ces


















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 AS TO ISSUANCE
Rule 102 — Habeas Corpus Rule on Amparo Rule on Habeas Data

§5 §6 §7
Court or judge shall grant the Court or judge shall grant the Court or judge shall grant the
writ if it appears that it ought to writ if it appears that it ought to writ if it appears that it ought to
issue issue issue

Clerk of court shall issue under Clerk of court shall issue under Clerk of court shall issue under
seal seal seal

In case of emergency, the judge In case of emergency, the judge In case of emergency, the judge
shall issue the writ and depute shall issue the writ and depute shall issue the writ and depute
any of cer to serve i any of cer to serve it any of cer to serve it

§6 — Writ will state when to Writ shall set time for summary Writ shall set time for summary
produce the body and where hearing not later that 7 days hearing not later that 10 work
from issuance days from issuance

AS TO ENFORCEABILITY
Rule 102 — Habeas Corpus Rule on Amparo Rule on Habeas Data

§2 §3 §4
Anywhere in PH if led with SC Anywhere in PH Anywhere in PH
or CA

Judicial District if led with RTC













































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 AS TO SERVICE OF WRIT
Rule 102 — Habeas Corpus Rule on Amparo Rule on Habeas Data

§7 §8 §7 — Clerk of Court will cause

Person Doing the Serving: Person Doing the Serving: service w/n 3 days from
Sheriff, Proper Of cer, or Judicial Of cer or Deputized issuance
Deputized Person Person
§9
Service done by leaving the Service done personally to Person Doing the Serving:
original with the person to respondent or, if not possible, by Judicial Of cer or Deputized
whom the writ is directed AND substituted service (See §6, Person
preserving a copy for the return. Rule 14, Rules of Court)
If person cannot be found or Service done personally to
does not have custody, then respondent or, if not possible, by
serve on the person who has substituted service (See §6,
custody. Rule 14, Rules of Court)

AS TO WHERE TO RETURN
Rule 102 — Habeas Corpus Rule on Amparo Rule on Habeas Data

§2 §3 §4
- Supreme Court → Supreme - Supreme Court → Supreme - Supreme Court → Supreme
Court or RTC Court, CA, Sandiganbayan, or Court, Sandiganbayan, or RTC
RTC with jurisdiction with jurisdiction
- CA → CA or RTC
- Sandiganbayan or CA → Same - Sandiganbayan or CA → Same
- RTC → RTC Court or RTC with jurisdiction Court or RTC with jurisdiction

- RTC → RTC - RTC → RTC



































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 AS TO RETURN
Rule 102 — Habeas Corpus Rule on Amparo Rule on Habeas Data

§8 — Of cer directed in the writ §9 — Veri ed & Written §10 — Veri ed & Written
shall convey the person on the day Must be submitted w/n 72 hrs. Must be submitted w/n 5
speci ed in the writ and make due from service with supporting working days from service
return af davits and contain the (extendable for justi able
following reasons) with supporting
§10 — Veri ed & Writte 1) Lawful defense af davits and contain the
Contents 2) Respondent’s actions to
following
1) Whether he has the party in his determine fate or whereabout
1) Lawful defenses, e.g. nat’l
custody or under restrain 3) Relevant information about the
security, con dentiality, etc.
threat, act, omissio
2) If Respondent is in charge/
2) If so, the authority and true 4) If Respondent is a public of cer
possession/control of data -
cause of restraint, with copy of the - His actions to identify the
writ, order, or process upon which aggrieved party; recover Disclosure of data, nature of
the party is hel evidence about the death/ data, purpose of collection,
disappearance; identify steps taken to ensure
3) If party cannot be produced, witnesses; determine cause, security and con dentiality,
nature and gravity of sicknes manner, location, time of currency and accuracy of
death/disappearance; identity dat
4) If he transferred custody, to and apprehend person(s) 3) Other Relevant Allegation
whom, when, for what cause, by involved; bring suspects before
what authorit competent cour General Denial NOT allowed.
5) Other Matters relevant to
§11 — Signed by the person who investigation, its resolution,
makes it and sworn to by the same and prosecution of cas
person unless the return is made General Denial NOT Allowe
and signed by sworn public of cer §10 — Defense Not Pleaded ⇒
in his of cial capacity Defense Waived
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 AS TO HEARING
Rule 102 — Habeas Corpus Rule on Amparo Rule on Habeas Data

§12 §13 §15

If court is in session, judge shall Hearing is SUMMARY, but the Hearing is SUMMARY, but the
adjourn the case into the court. judge may call for a preliminary judge may call for a preliminary
conference to simplify issues and conference to simplify issues and
The court must hear and obtain stipulations and obtain stipulations and
examine the return immediately, admissions admissions
unless for good cause it must be
adjourned. If adjourned, the Hearing is day-to-day until §1
court will order for the completion and has same Respondent fails to le return ⇒
safekeeping of the prisoner. priority as habeas corpus Hearing is Ex Parte, granting
such relief as the petition may
If prisoner is NOT produced due §12 warrant unless the court
to sickness, the court must be Respondent fails to le return ⇒ requires evidence
satis ed that it is so grave Hearing is Ex Parte
BEFORE proceeding to hearing §12
Hearing is done in chambers
On hearing, court can disregard when Respondent invokes the
form and technicalities of the defense that the release of data
warrant or order of commitment will compromise nat’l security,
of a court or of cer authorized to state secrets, or when the data
commit by law. cannot be divulged to the public
due to its nature or privileged
character










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 AS TO MOTIONS
§11 — Rule on Amparo §13 — Rule on Habeas Data

Prohibited Pleadings & Motions:

a) Motion to Dismis
b) Motion for Extension to File return*, opposition, af davit, position paper and other pleading
c) Dilatory Motion for Postponemen
d) Motion for Bill of Particular
e) Counterclaim or Cross-Clai
f) Third-Party Complain
g) Repl
h) Motion to Declare Defendant in Defaul
i) Interventio
j) Memorandu
k) Motion for Reconsideration of Interlocutory Orders or Interim Relief Order
l) Petition for Certiorari, Mandamus, or Prohibition against Interlocutory Orders

* §10, Rule on Habeas Data allows extension to le return on justi able reasons
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 AS TO INTERIM RELIEFS
Rule on Amparo

§14 — Interim Reliefs

A) Temporary Protection Order — Orders that the petitioner or aggrieved party and any member of
the immediate family be protected in a Gov’t agency or accredited person or private institutio
B) Inspection Order — Orders any person in possession or control of a designated land or other
property, to permit entry for inspecting, measuring, surveying, or photographing the property or
any relevant object or operation thereon — Expires in 5 days after issuance but can be extende
C) Production Order — Orders any person in possession, custody, or control of any designated
documents, books, accounts, photographs, objects or tangible things, or objects in digitized or
electronic form, which constitutes evidence relevant to the petition, to produce and permit their
inspection, copying or photographing by or on behalf of the movan
D) Witness Protection Order — Orders the referral of witness to the DOJ for admission to the Witness
Protection, Security and Bene t Program under R.A. No. 698

NOTE: Inspection and Production Orders may be opposed on grounds of nat’l security or privileged
nature of information → Hearing in Chambers

Movant for Inspection Orders must show that the Order is needed to establish the right violated or
threatened. Inspection Orders must specify the person(s) authorized to inspect and the date, time,
place, and manner of inspectio

§15
Upon veri ed motion of respondent and after due hearing, the court may issue the Inspection or
Production Order.

Motion for Inspection Order shall be supported by af davits or testimonies of witnesses having
personal knowledge of the respondent’s defense(s).


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 AS TO MANNER OF PROOF
Rule 102 — Habeas Corpus Rule on Amparo Rule on Habeas Data

§13 §1 §16
Prisoner restrained under a Quantum of Evidence — Quantum of Evidence —
warrant of commitment Substantial Evidenc Substantial Evidence
pursuant to law ⇒ Return is
Defense for Private Individual/
prima facie evidence of cause of
restraint ⇒ Petitioner to proveEntity — ORDINARY Diligence
illegality of restraint as required by applicable laws,
rules, and regulations was
Prisoner restrained by alleged observed in performance of
pirate authority ⇒ Return is a duties
plea of facts ⇒ Party claiming
custody must prove such facts. Defense for Public Of cial/
E m p l o y e e —
EXTRAORDINARY Diligence as
required by applicable laws,
rules, and regulations was
observed in performance of
duties

Public Of cial/Employee
CANNOT INVOKE
Presumption that of cial duty
has been regularly performed to
evade liability






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 AS TO ARCHIVING OF CASES
§20 — Rule on Amparo

Case cannot proceed for valid cause ⇒ Court shall ARCHIVE the case, and NOT DISMISS I
Ex: Failure of Petitioner or Witnesses to appear due to threats on live

Amparo Court shall make Periodic Review of archived cases. Court will order REVIVAL, motu proprio
or on motion by any party, when ready for further proceedings

Case is DISMISSED WITH PREJUDICE upon failure to prosecute after 2 yrs. from notice to the
petitioner of the order archiving the case

AS TO FILING SEPARATE ACTIONS

§§21-23 — Rule on Amparo §§20-22 — Rule on Habeas Data

These Rules do not preclude the ling of separate criminal, civil, or administrative actions

When a criminal action is led subsequent to ling of Petition, the Petition is consolidated with the
criminal action

When a criminal action and separate civil action are led subsequent to ling of Petition, the Petition
is consolidated with the criminal action

When a criminal action is commenced, no separate Petition can be led. Rather, the reliefs under the
Writs are available by MOTION in the criminal case.
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 AS TO JUDGMENT
Rule 102 — Habeas Corpus Rule on Amparo Rule on Habeas Data

§§14 & 15 §18 §16

If Lawfully Committed, person Rendered w/n 10 days from the Rendered w/n 10 days from the
is recommitted or admitted to time the petition is submitted for time the petition is submitted for
bail decision decision

If judge is satis ed that the If allegations in the petition are If allegations in the petition are
person is unlawfully proved by substantial evidence, proved by substantial evidence,
imprisoned, person is the court will grant the privilege court shall enjoin the act
discharged from con nement, and proper reliefs complained of, or order
effective when a copy of the deletion, destruction, or
order is served on the detaining recti cation of erroneous data
person and other relevant reliefs

AS TO APPEAL
Rule 102 — Habeas Corpus Rule on Amparo Rule on Habeas Data

No Express Provisio §19 §16

§3, Rule 41, Rules of Court — Appeal to Supreme Court under Appeal to Supreme Court under
Appeal shall be taken w/n 48 Rule 45 and can raise questions Rule 45 and can raise questions
hrs. From notice of judgment or of fact or law or bot of fact or law or both
nal order appealed from (as
amended by A.M. No. 01-1-03- Period of Appeal = 5 working Period of Appeal = 5 working
SC) days from date of notice of days from date of notice of
adverse judgment adverse judgment






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