VARIOUS WRITS IN THE PHILIPPINES
HABEAS CORPUS AMPARO
LITERAL TRANSLATION
“You have the body” “To protect”
Rule 102 of the Rules of A.M. No. 07-9-12-SC
Court (2007)
Writ directed to the Remedy available to any
person detaining another, person whose right to life,
commanding him to liberty and security is
produce the body of the violated or threatened with
prisoner at a designated violation by an unlawful act
time and place, with the or omission of a public
day and cause of his official or of a private
capture and detention individual or entity
Involves the right to Involves the right to life,
liberty of any rightful liberty, and security of the
custody by the aggrieved aggrieved party and covers
party (a) extralegal killings and
(b) enforced
disappearances
HABEAS DATA
“You have the data”
GOVERNING RULE
A.M. No. 08-1-16-SC (2008)
DESCRIPTION
Remedy available to any
person whose right to privacy
in life, liberty or security is
violated or threatened by 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 data or
information regarding the
person, family, home and
correspondence of the
aggrieved party
COVERAGE
Involves the right to privacy
in life, liberty, and security of
the aggrieved party
RIGHTS VIOLATED
KALIKASAN
“Nature”
A.M. No. 09-6-8-SC (2010)
Special remedy available to (a) a natural or (b)
juridical person, (c) entity authorized by law, (d)
people’s organization, (e) non-governmental
organization, or (f) 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, or threatened with violation by an
unlawful act or omission of a public official or
employee, or private individual or entity, involving
environmental damage of such magnitude as to
prejudice the life, health or property of
inhabitants in two (2) or more cities or provinces
Constitutional right to a balanced and healthful
ecology
There is an actual There is an actual or There is an actual or There is an actual or threatened violation of one’s
violation of the aggrieved threatened violation of the threatened violation of the right to a healthful and balanced ecology involving
party’s right aggrieved party’s right aggrieved party’s right environmental damage
WHERE TO FILE
RTC or any judge RTC of the place where the RTC (a) where the petitioner In SC or any stations of the CA.
thereof, CA or any threat, act or omission was or respondent resides, or (a)
member thereof in committed or any of its that which has jurisdiction
instances authorized by elements occurred; SB or over the place where the data
law; or SC or any any justice thereof; CA or or information is gathered,
member thereof any justice thereof; SC or collected or stored, at the
any member thereof option of the petitioner; or
with SC, CA or SB when the
action concerns public data
files or government offices
WHO MAY FILE/APPLICANT/PETITIONER
1. Party for whose In the following order: 1. Any aggrieved party; a) a natural or (b) juridical person, (c) entity
relief it is 1. Any member of the 2. However, in cases of authorized by law, (d) people’s organization, (e)
intended; immediate family; extrajudicial killings non-governmental organization, or (f) any public
2. Any person on his 2. Any ascendant, and enforced interest group accredited by or registered with any
behalf. descendant or collateral disappearances: government agency
relative of the a. Any member of the
aggrieved party within immediate family;
the fourth (4th) civil b. Any ascendant,
degree of consanguinity descendant, or
or affinity; collateral relative to
3. Any concerned the aggrieved party
citizen, organization, within the fourth
association, or (4th) civil degree of
institution consanguinity or
affinity
RESPONDENT
May or may not be an Public official or employee Public official or employee or Public official or employee, private individual or
officer or a private individual or a private individual or entity entity
entity engaged in the gathering,
collecting or storing of data or
information regarding the
person, family, home and
correspondence of the
aggrieved party
ENFORCEABILITY OF THE WRIT
(a) If granted by SC Enforceable anywhere in the Philippines regardless of who Enforceable anywhere in the Philippines
or CA: issued the same
enforceable
anywhere in the
Philippines;
(b) If granted by
RTC: enforceable
only within the
judicial district
DOCKET FEES
Payment is required Petitioner is exempted from Payment is required Petitioner is exempted from payment
Note: rules on indigent payment Note: rule on indigent
petitioner applies petitioner applies
SERVICE OF WRIT
Served upon the person Served upon the respondent personally; or substituted service
to whom it is directed,
and if not found or the
prisoner is not in his
custody, to the other
person having or
exercising such custody
PERSON WHO MAKES THE RETURN
Officer by whom the Respondent
prisoner is imprisoned or
the person in whose
custody the prisoner is
found
WHEN TO FILE A RETURN
On the day specified in Within 5 working days, The respondent shall file a Within non-extendible period of 10 days after the
the writ after service of the writ, the verified written return together service of the writ
respondent shall file a with supporting affidavits
verified written return within 5 working days from
together with supporting service of the writ, which
affidavits period may be reasonably
extended by the Court for
justifiable reasons
RETURN
a. If granted by the a. If issued by RTC: a. If issued by RTC: If issued by SC, returnable before such court or CA
SC or CA: returnable before returnable before such
returnable before such court; court;
the court or any b. If issued by SB or b. If issued by SB or CA
member or before CA or any of their or any of their justices:
RTC or any judge justices: returnable returnable before such
thereof before such courts or courts or to any RTC of
b. If granted by to any RTC of the the place where the
RTC: returnable place where the petitioner or respondent
before such court threat, act or resides or that which
omission was has jurisdiction over the
committed or any of place where the data or
its elements occurred; information is gathered,
c. If issued by SC or collected or stored;
any of its justices: c. If issued by SC or any
returnable before of its justices:
 such court, or before returnable before such
CA, SB or to any court, or before CA, SB
RTC of the place or to any RTC of the
where the threat, act place where the
or omission was petitioner or respondent
committed or any of resides or that which
its elements occurred has jurisdiction over the
place where the data or
information is gathered,
collected or stored
GENERAL DENIAL
Not prohibited Not allowed
LIABILITY OF THE PERSON TO WHOM THE WRIT IS DIRECTED IF HE REFUSES TO MAKE A RETURN
Forfeit to the aggrieved Imprisonment or fine for committing contempt Indirect contempt
party the sum of
P1,000.00 and may also
be punished for contempt
HEARING
Date and time of hearing Summary hearing shall be Summary hearing shall be The hearing including the preliminary conference
is specified in the writ conducted not later than 7 conducted not later than 10 shall not extend beyond sixty (60) days and shall be
days from the date of the working days from the date of given the same priority as petitions for the writs of
issuance of the writ issuance of the writ habeas corpus, amparo and habeas data
PERIOD OF APPEAL
Within 48 hours from 5 working days from the 5 working days from the date Within 15 days from the date of notice of the
notice of the judgment or date of notice of the adverse of notice of the judgment or adverse judgment or denial of motion for
final order appealed from judgment final order reconsideration
PROHIBITED PLEADINGS
None 1. Motion to dismiss 1. Motion to dismiss
2. Motion for extension of time to file opposition, 2. Motion for extension of time to file return
affidavit, position paper and other pleadings 3. Motion for postponement
 3. Dilatory motion for postponement 4. Motion for a bill of particulars
4. Motion for a bill of particulars 5. Counterclaim or cross-claim
5. Counterclaim or cross-claim 6. Third-party complaint
6. Third-party complaint 7. Reply; and
7. Reply 8. Motion to declare respondent in default
8. Motion to declare respondent in default
9. Intervention
10. Memorandum
11. Motion for reconsideration of interlocutory orders or
interim relief orders; and
12. Petition for certiorari, mandamus, or prohibition
against any interlocutory order

NOTE: In writ of Amparo, one rare instance where the SB, notwithstanding its status as a special court, is vested with jurisdiction co-equal with SC,
CA and RTC. Take note that CTA, albeit acting as a special court being in the same rank of CA and SB, is not vested with jurisdiction to issue writ of
Amparo.

HABEAS CORPUS IN RELATION TO CUSTODY OF MINORS

A.M. No. 03-04-04-SC (2003)

WHO MAY FILE A PETITION FOR CUSTODY OF MINOR

A verified petition for the rightful custody of a minor may be filed by any person
claiming such right. The party against whom it may be filed shall be designated as the
respondent (Section 2)
WHERE SHOULD A PETITION FOR CUSTODY OF MINOR BE FILED
a. Family courts in the province or city where the petitioner resides or where the
minor may be found (Section 3)
b. SC, CA has concurrent jurisdiction