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2.6 Writ Issuances
2.6 Writ Issuances
Outline of Presentation
INTRODUCTION
INTRODUCTION
LEARNING OBJECTIVES
LEARNING GOAL
Requisites of Application
Requisites of Application
Limitations
The person alleged to be restrained of his
liberty is in the custody of an officer under process
issued by a court; or
If the jurisdiction appears after the writ is
allowed, the person shall not be discharged by
reason of any informality or defect in the process,
judgment, or order.
Person/Entity to Issue/Grant
the Writ
A court or judge authorized to grant the writ
must, when a petition therefore is presented
and it appears that the writ ought to issue,
grant the same forthwith, and immediately
thereupon the clerk of the court shall issue
the writ under the seal of the court; or
Person/Entity to Issue/Grant
the Writ
Defect of Form
Writ of Amparo
The Writ of Amparo which means “protection”
and is Mexican origin.
Writ of Amparo
It is a remedy available to ANY PERSON:
• whose right to LIFE, LIBERTY and SECURITY
• is VIOLATED or THREATENED with violation
• by an UNLAWFUL ACT or OMISSION
• of a PUBLIC OFFICIAL or EMPLOYEE, or a
PRIVATE INDIVIDUAL or ENTITY
•
Regional Trial Court (RTC);
• Sandiganbayan;
• Court of Appeals;
• Supreme Court;
• any of the JUSTICES of the Sandiganbayan,
Court of Appeal or Supreme Court
Application of Appeal
Habeas Data
It is a 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 of data or
information regarding the person, family, home
and correspondence of the aggrieved party.
Note
No docket and other lawful fees shall be
required from an indigent petitioner. The
petition of the indigent shall be docketed and
acted upon immediately, without prejudice to
subsequent submission of proof of indigency
not later than 15 days from the filing of the
petition.
Contents of Petition
Contents of Petition
Writ of Kalikasan
Filing of Petition
Citizen Suit
Contents of Petition
Contents of Petition
Contents of Petition
Contents of Petition
Service of Writ
1. Motion to dismiss;
2. Motion for extension of time to file return;
3. Motion for postponement
4. Motion for a bill of particulars;
5. Counterclaim or cross-claim;
6. Third-party complaint;
7. Reply; and
8. Motion to declare respondent in default.
Hearing
Contempt
Judgment
Appeal
• SUPREME
COURT
•JUSTICES
SUMMARY
At the end of this topic, the student already
learned to identify the Supreme Court Writs
Issuances, the nature of the writ, procedure of
filling a petition and coverage of specific writ.
End of Presentation!