TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN

HABEAS CORPUS AMPARO HABEAS DATA KALIKASAN person is deprived of violation by an unlawful act or
Literal interpretation his liberty; or unlawful act or omission of a public
You have the body To protect You have the data It is a Filipino word omission of a public official or employee,
(Latin) (Spanish) (Latin) which means nature 2. By which the official or or of a private
in English rightful custody of any employee, or of a individual or entity
Governing Rule person is withheld private individual or engaged in:
Rule 102 A.M. No. 07-9-12-SC A.M. No. 08-1-16-SC Part III, Rule 7, A.M. from the person entity.
1997 Sept. 25, 2007 Feb. 2, 2008 No. 09-6-8-SC; 2010 entitled thereto. 1. Gathering
Definition 2. Collecting
Writ directed to the Remedy available to Remedy available to Special remedy 3. Storing
person detaining any person whose any person whose available
another, commanding right to life, liberty, right to privacy in life, to a natural or juridical Of data or information
him to produce the and security is liberty or security is person, entity regarding the person
body of the prisoner violated or violated or threatened authorized by law, family, home and
at a designated time threatened with by an unlawful act or peoples organization, correspondence of the
and place, with the violation by an omission of a public non-governmental aggrieved party.
day and cause of his unlawful act or official or employee, organization, or any Rights violated
capture and omission of a public or of a private public interest group There is an actual (Sec. 1) (Sec. 1) There is an actual or
detention, to do, official or individual or entity accredited by or violation of the right There is an actual There is an actual or threatened violation of
submit to, and receive employee, or of a engaged in the registered with any to liberty of and or threatened threatened violation ones right to a
whatsoever the court private individual or gathering, collecting, government agency, on rightful custody by violation of the of the aggrieved healthful and balanced
or judge awarding the entity. or storing of data or behalf of persons the aggrieved party. aggrieved partys partys right. ecology involving
writ shall consider in information regarding whose constitutional right. environmental
that behalf. The writ covers the person, family, right to a balanced and damage.
extralegal killings home and healthful ecology is Venue/Where to file
It is a special and enforced correspondence of the violated, or threatened If filed with RTC or (Sec. 3) (Sec. 3) In SC or any stations of
proceeding disappearances or aggrieved party. with violation by an any judge thereof: If filed with RTC: the If filed with RTC: the CA.
threats thereof unlawful act or where the detainee is place where the where the 1.
It is a special omission of a public detained threat, act or petitioner or 2.
It is a special proceeding official or employee, or omission was respondent resides; or
proceeding private individual or SB in aid of its committed or any that 3. which has
entity, involving appellate jurisdiction; of its elements jurisdiction over the
environmental damage CA or any member in occurred; place where the data
of such magnitude as instances authorized or information is
to prejudice the life, by law; or SC or any SB or any justice gathered, collected or
health or property of member thereof; MTC thereof only insofar stored, at the option
inhabitants in two or in exercise of special as respondents are of the petitioner;
more cities or jurisdiction; FC in public officers or
provinces. cases of custody of employees; CA or SC, CA or SB when the
minors any justice thereof; action concerns public
It is a special civil SC or any justice data files or
action thereof. government offices.
Availability/Coverage Contents of the petition
(Sec. 1) (Sec. 1) (Sec. 1) Constitutional right to (Sec. 3) (Sec. 5) (Sec. 6) (Sec. 2)
To all cases of illegal To any person To any person whose a balanced and Application for the The petition shall be A verified written The verified petition
confinement or whose right to life, right to privacy in life, healthful ecology. writ shall be by signed and verified petition for a writ of shall contain the
detention: liberty and security liberty and security is petition signed and and shall allege the habeas data should following:
is violated or violated or threatened verified either by the following: contain: (a) The personal
1. By which any threatened with with violation by an party for whose relief a. The personal circumstances of the

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 TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN
it is intended, or by circumstances of petitioner; or whereabouts of reliefs as are just and that the same or
some person on his the petitioner; (a) The personal (b) The name and the aggrieved party equitable. similar action or claim
behalf, and shall set b. The name and circumstances of the personal circumstances and the identity of has been filed or is
forth: personal petitioner and the of the respondent or if the person pending, petitioner
(a) That the person in circumstances of respondent; the name and personal responsible for the shall report to the
whose behalf the the respondent circumstances are threat, act or court that fact within
application is made is responsible for the (b) The manner the unknown and omission; and five (5) days therefrom;
imprisoned or threat, act or right to privacy is uncertain, the f. The relief prayed and
restrained on his omission, or, if the violated or threatened respondent may be for. (f) The reliefs prayed
liberty; name is unknown or and how it affects the described by an for which may include
(b) The officer or uncertain, the right to life, liberty or assumed appellation; The petition may a prayer for the
name of the person respondent may be security of the (c) The environmental include a general issuance of a TEPO.
by whom he is so described by an aggrieved law, rule or regulation prayer for other just
imprisoned or assumed party; chanrobles violated or threatened and equitable
restrained; or, if both appellation; virtual law library to be violated, the act reliefs.
are unknown or c. The right to life, or omission Petitioner/Who may file a petition
uncertain, such officer liberty and security (c) The actions and complained of, and the (Sec. 3) (Sec. 2) (Sec. 2) A natural or juridical
or person may be of the aggrieved recourses taken by the environmental damage 1. By the party for GR: By the GR: By the aggrieved person, entity
described by an party violated or petitioner to secure of such magnitude as whose relief it is aggrieved party party authorized by law,
assumed appellation, threatened with the data or to prejudice the life, intended; or peoples organization,
and the person who is violation by an information; health or property of EXPN: By any EXPN: However, in non-governmental
served with the writ unlawful act or inhabitants in two or 2. By any person on qualified cases of extralegal organization, or any
shall be deemed the omission of the (d) The location of the more cities or his behalf person/entity in the killings and enforced public interest
person intended; respondent, and files, registers or provinces. following order: disappearances: group accredited by or
(c) The place where how such threat or databases, the (d) All relevant and a. Any member of a. Any member of the registered with any
he is so imprisoned or violation is government office, material evidence the immediate immediate family government agency.
restrained, if known; committed with the and the person in consisting of the family b. In default of the
(d) A copy of the attendant charge, in possession affidavits of witnesses, b. Any ascendant, former, any
commitment or cause circumstances or in control of the documentary evidence, descendant, or ascendant,
of detention of such detailed in data or information, if scientific or other collateral relative of descendant, or
person, if it can be supporting known; expert studies, and if the aggrieved party collateral relative of
procured without affidavits; possible, object within the 4th civil the aggrieved party
impairing the d. The investigation (e) The reliefs prayed evidence; degree of within the 4th civil
efficiency of the conducted, if any, for, which may include (e) The certification of consanguinity or degree of
remedy; or, if the specifying the the updating, petitioner under oath affinity consanguinity or
imprisonment or names, personal rectification, that: (1) petitioner has c. Any concerned affinity
restraint is without circumstances, and suppression or not commenced any citizen,
any legal authority, addresses of the destruction of the action or filed any organization,
such fact shall appear. investigating database or claim involving the association or
authority or information or files same issues in any institution
individuals, as well kept by the court, tribunal or quasi-
as the manner and respondent. judicial agency, and no The filing of the
conduct of the In case of threats, the such other action or aggrieved party
investigation, relief may include a claim is pending himself suspends
together with any prayer for an order therein; (2) if there is the right to file
report; enjoining the act such other pending petition by other
e. The actions and complained of; and action or claim, a persons
recourses taken by complete statement of
the petitioner to its present status; (3) if The filing of petition
determine the fate (f) Such other relevant petitioner should learn
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 TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN
by an authorized civil case is
person suspends discharged, the costs
the right to file by shall be taxed against
others down the him, or against the
order person who signed
Respondent the application for the
May or may not be an (Sec. 1) (Sec. 3) Public official or writ, or both
officer. Public official or Public official or employee, private Setting of hearing
employee or a employee or a private individual or entity. (Sec. 12) (Sec. 6) (Sec. 7)
private individual or individual or entity Hearing on return Not later than 7 Not later than 10 days
entity. engaged in the days from issuance from date of issuance
gathering, collecting or of writ of writ
storing of data or How writ is served
information regarding (Sec. 7) Writ shall be issued Writ shall be issued Writ should be issued
the person, family, Service of the writ immediately upon immediately upon within 3 days from the
home and shall be made by filing if the writ on filing if the writ on its filing of the petition
correspondence of the leaving the original its face ought to face ought to issue
aggrieved party. with the person to issue Served upon the
Extent of Enforceability of the writ whom it is directed (Sec. 9) respondent personally;
(Sec. 2) (Sec. 3); (Sec. 4) and preserving a copy (Sec. 8) If the writ cannot be or substituted service.
If granted by SC, CA, Enforceable anywhere in the Philippines regardless of who issued the on which to make If the writ cannot be served personally on
or SB: enforceable same return of service. served personally respondent, the rules
anywhere In the on respondent, the on substituted service
Philippines; If that person cannot rules on substituted shall apply
be found, or has not service shall apply
If granted by RTC: the prisoner in
enforceable only custody then the
within the judicial service shall be made
district on any person having
When to file or exercising such
(Sec. 2) (Sec. 3) custody
On any day and at any On any day and at Person who makes the return
time any time Officer by whom the Respondent Respondent Respondent
Payment of Docket fees prisoner is imprisoned
(Sec. 19) (Sec. 4) (Sec. 5) Petitioner is exempted or the person in
Payment of docket Petitioner is Payment is required. from payment whose custody the
fees is required. exempted from EXPN: indigent prisoner is found
EXPN: indigent payment of docket petitioner exempt This is consistent with Filing of return/When to file
petitioner exempt fees and other from paying docket the character of the (Sec. 10) (Sec. 9) (Sec. 9) Within non- extendible
lawful fees and other lawful fees reliefs under the writ Signed and shall also Verified written The respondent shall period of 10 days after
As to costs: which excludes be sworn to if the return to be filed file a verified written the service of writ.
When a person Reason: damages for personal prisoner is not within 5 working return together with
confined in a criminal enforcement of injury; it also produced days after service of supporting affidavits
case is discharged, the these sacrosanct encourages public the writ (which within 5 working days
costs shall be taxed rights should not be participation On the day specified cannot be extended from service of the
against the RP violated by lack of in the writ except on highly writ, (which period
finances meritorious may be reasonably
When a person in grounds), the extended by the Court
custody by virtue of a respondent shall file for justifiable reasons)
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 TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN
a verified written bought before the is a public official or confidentiality of the
return together court or judge; employee, the data or information;
with supporting (d) If he has had the return shall further and chanrobles virtual
affidavits. party in his custody or state the actions law library
Contents of the return power, or under that have been or
(Sec. 10) (Sec. 9) (Sec. 10) (Sec. 8) restraint, and has will still be taken: (iii) the currency and
When the person to Within seventy-two The respondent shall Within a non- transferred such i. to verify the accuracy of the data or
be produced is (72) hours after file a verified written extendible period of custody or restraint to identity of the information held; and,
imprisoned or service of the writ, return together with ten (10) days after another, particularly aggrieved party;
restrained by an the respondent supporting affidavits service of the writ, the to whom, at what ii. to recover and (c) Other allegations
officer, the person shall file a verified within five (5) working respondent shall file a time, for what cause, preserve evidence relevant to the
who makes the return written return days from service of verified return which and by what authority related to the death resolution of the
shall state therein, together with the writ, which period shall contain all such transfer was or disappearance of proceeding.
and in other cases the supporting may be reasonably defenses to show that made. the person A general denial of the
person in whose affidavits which extended by the Court respondent did not identified in the allegations in the
custody the prisoner shall, among other for justifiable reasons. violate or threaten to petition which may petition shall not be
is found shall state, in things, contain the The return shall, violate, or allow the aid in the allowed.
writing to the court or following: among other things, violation of any prosecution of the
judge before whom a. The lawful contain the following: environmental law, person or persons
the writ is returnable, defenses to show rule or regulation or responsible;
plainly and that the respondent commit any act iii. to identify
unequivocably: did not violate or (a) The lawful resulting to witnesses and
(a) Whether he has or threaten with defenses such as environmental damage obtain statements
has not the party in violation the right national security, state of such magnitude as from them
his custody or power, to life, liberty and secrets, privileged to prejudice the life, concerning the
or under restraint; security of the communications, health or property of death or
(b) If he has the party aggrieved party, confidentiality of the inhabitants in two or disappearance;
in his custody or through any act or source of information more cities or iv. to determine the
power, or under omission; of media and others; provinces. cause, manner,
restraint, the b. The steps or All defenses not raised location and time of
authority and the true actions taken by the (b) In case of in the return shall be death or
and whole cause respondent to respondent in charge, deemed waived. disappearance as
thereof, set forth at determine the fate in possession or in The return shall include well as any pattern
large, with a copy of or whereabouts of control of the data or affidavits of witnesses, or practice that may
the writ, order the aggrieved party information subject of documentary evidence, have brought about
execution, or other and the person or the petition; scientific or other the death or
process, if any, upon persons responsible expert studies, and if disappearance;
which the party is for the threat, act (i) a disclosure of the possible, object v. to identify and
held; or omission; data or information evidence, in support of apprehend the
(c) If the party is in his c. All relevant about the petitioner, the defense of the person or persons
custody or power or is information in the the nature of such respondent. involved in the
restrained by him, possession of the data or information, A general denial of death or
and is not produced, respondent and the purpose for its allegations in the disappearance; and
particularly the nature pertaining to the collection; petition shall be vi. to bring the
and gravity of the threat, act or considered as an suspected offenders
sickness or infirmity of omission against (ii) the steps or actions admission thereof. before a competent
such party by reason the aggrieved party; taken by the court.
of which he cannot, and respondent to ensure
without danger, be d. If the respondent the security and The return shall also
state other matters
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 TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN
relevant to the judge shall proceed shall proceed to hear hear the petition ex
investigation, its to hear the petition the petition ex parte, parte.
resolution and the ex parte granting petitioner
prosecution of the such relief as the
case. petition may warrant

A general denial of EXPN: unless the court

the allegations in in its discretion
the petition shall requires petitioner to
not be allowed. submit evidence.
Return Liability of the person to whom the writ is directed if he refuses to make a return
(Sec. 2) (Sec. 3) (Sec. 4) If issued by SC, (Sec. 16) (Sec. 16) (Sec. 11) Indirect contempt.
If granted by the SC or If issued by RTC: If issued by RTC: returnable before such Forfeit to the Imprisonment or Imprisonment or fine
CA: returnable before returnable before returnable before such court or CA; If issued aggrieved party the fine for committing for committing
the court or any such court; court; by CA, returnable to sum of P1000, and contempt. contempt.
member or before the CA or any of its may also be punished
RTC or any judge If issued by SB or CA If issued by SB or CA or justices for contempt.
thereof; or any of their any of their justices: General denial
justices: returnable returnable before such Not prohibited. Not allowed. Not allowed. Not allowed.
If granted by RTC: before such court or court or to any RTC of Hearing/When summary
returnable before to any RTC of the the place where the (Sec. 6) (Sec. 13); (Sec. 15) The hearing including
such court place where the petitioner or Date and time of The hearing on the petition shall be summary. the preliminary
threat, act or respondent resides or hearing is specified in However, the court, justice or judge may call conference shall not
omission was that which has the writ. for a preliminary conference to simplify the extend beyond sixty
committed or any jurisdiction over the issues and determine the possibility of (60) days and shall be
of its elements place where the data Not summary obtaining stipulations and admissions from given the same priority
occurred; or information is the parties. as petitions for the
gathered, collected or writs of habeas corpus,
If issued by SC or stored; The hearing shall be from day to day until amparo and habeas
any of its justices: completed and given the same priority as data.
returnable before If issued by SC or any petitions for habeas corpus
such court, or of its justices: (Sec. 6) (Sec. 7) Not summary. Reason:
before SB, CA, or to returnable before such Summary hearing Summary hearing shall environmental damage
any RTC of the place court, or before SB, shall be conducted be conducted not later subject of the writ may
where the threat, CA, or to any RTC of not later than 7 than 10 working days involve issues of a
act or omission was the place where the days from the date from the date of complex character
committed or any petitioner or of issuance of the issuance of the writ
of its elements respondent resides or writ.
occurred that which has Interim Reliefs
jurisdiction over the (Sec. 12) (Sec. 14) No interim reliefs. (Rule 13)
place where the data 1. Unless for good 1. Temporary (Sec. 1)
or information is cause shown, the Protection Order. The provisional remedy
gathered, collected or hearing is adjourned, 2. Inspection Order. of attachment under
stored in which event the 3. Production Rule 127 of the Rules
Effect of failure to file return court shall make an Order. of Court may be
(Sec. 12) (Sec. 14) (Sec. 10) order for the 4. Witness availed of in
In case respondent In case respondent In case the respondent safekeeping of the Protection Order. environmental cases.
fails to file a return, fails to return, the fails to file a return, the person imprisoned or
the court, justice or court, justice or judge court shall proceed to restrained as the (Sec. 2)
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 TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN
nature of the case Environmental environment;
requires; Protection Order (c) Directing the
(EPO); Temporary respondent public
2. The court or judge Environmental official, government
must be satisfied that Protection Order agency, private person
the person's illness is (TEPO) in criminal or entity to monitor
so grave that he cases. - The procedure strict compliance with
cannot be produced for and issuance of EPO the decision and orders
without any danger and TEPO shall be of the court;
governed by Rule 2 of (d) Directing the
these Rules. respondent public
Presumption official, government
(Sec. 17) agency, or private
There is no person or entity to
presumption that make periodic reports
official duty has on the execution of the
been regularly final judgment; and
performed (e) Such other reliefs
Judgment which relate to the
(Sec. 15) (Sec. 18) (Sec. 16) (Sec. 15) right of the people to a
When the court or The court shall Same with writ of Within sixty (60) days balanced and healthful
judge has examined render judgment amparo with an from the time the ecology or to the
into the cause of within ten (10) days addition that upon petition is submitted protection,
caption and restraint from the time the finality, the judgment for decision, the court preservation,
of the prisoner, and is petition is shall be enforced by shall render judgment rehabilitation or
satisfied that he is submitted for the sheriff or any granting or denying the restoration of the
unlawfully imprisoned decision. If the lawful officers as may privilege of the writ of environment, except
or restrained, he shall allegations in the be designated by the kalikasan. the award of damages
forthwith order his petition are proven court, justice or judge The reliefs that may be to individual
discharge from by substantial within 5 working days. granted under the writ petitioners.
confinement, but such evidence, the court are the following: Appeal/Period of appeal
discharge shall not be shall grant the (a) Directing Sec. 15 in relation to (Sec. 19); (Sec. 19) Rule 45
effective until a copy privilege of the writ respondent to Sec. 3 Rule 41 and Rule 45 by petition for review on certiorari
of the order has been and such reliefs as permanently cease and Sec. 39 of BP 129: with peculiar features: Within fifteen (15) days
served on the officer may be proper and desist from committing from the date of notice
or person detaining appropriate; acts or neglecting the Within 48 hours from 1. Appeal may raise questions of fact or law or of the adverse
the prisoner. If the otherwise, the performance of a duty notice of the both; judgment or denial of
officer or person privilege shall be in violation of judgment or final 2. Period of appeal shall be 5 working days motion for
detaining the prisoner denied. environmental laws order appealed from. from the date of notice of the adverse reconsideration.
does not desire to resulting in Appeal is filed to the judgment;
appeal, the prisoner No enforcement environmental SC under Rule 45 3. Same priority as habeas corpus cases
shall be forthwith within 5 days unlike destruction or damage; Institution of separate actions
released. in writ of habeas (b) Directing the (Sec. 21); (Sec. 20); (Sec. 17)
data respondent public This Rule shall not preclude the filing of separate criminal, civil or
official, government administrative actions.
agency, private person
or entity to protect, Reason: they are different actions with different objectives
preserve, rehabilitate Effect of filing criminal action
or restore the (Sec. 2); (Sec. 21)
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 TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN
When a criminal action has been commenced, 10. Memorandum; 8. Motion to declare
no separate petition for the writ shall be filed. 11. Motion for reconsideration of respondent in default.
The reliefs under the writ shall be available by interlocutory orders or interim relief orders;
motion in the criminal case. and Motion for
Consolidation 12. Petition for certiorari, mandamus or intervention is allowed.
(Sec. 23); (Sec. 22) prohibition against any interlocutory order. Reason: public
When a criminal action is filed subsequent to participation
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
issuance of the writ, the latter shall be
consolidated with the criminal action.
Quantum of proof
Quantum of proof is (Sec. 17) (Sec. 16)
clear and convincing Quantum of proof is Quantum of proof is
evidence substantial substantial evidence
evidence
Archiving and revival of cases
(Sec. 20)
If the petition
cannot proceed for
a valid cause, it shall
not be dismissed by
the court, but it
must be archived

After 2 years from

notice of archiving,
it shall be dismissed
with prejudice upon
failure to prosecute
Suppletory application of ROC
(Sec. 25); (Sec. 24)
The ROC shall apply suppletorily
Prohibited pleadings and motions
None (Sec. 11); (Sec. 13) 1. Motion to dismiss;
1. Motion to dismiss; 2. Motion for extension
2. Motion for extension of time to file of time to file return;
opposition, affidavit, position paper and other 3. Motion for
pleadings; postponement;
3. Dilatory motion for postponement; 4. Motion for a bill of
4. Motion for a bill of particulars; particulars;
5. Counterclaim or cross - claim; 5. Counterclaim or
6. Third - party complaint; cross-claim;
7. Reply; 6. Third-party
8. Motion to declare respondent in default; complaint;
9. Intervention; 7. Reply; and
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