writ of habeas corpus is an order issued by a
competent court, directed to a person
detaining another, commanding him to
produce the body of the prisoner at a
designated time and place, to explain the time
and cause of the caption and detention, and to
follow what the court or judge awarding the
writ shall consider in behalf of the prisoner.
The purpose of the issuance of the writ is to
inquire on the legality of the restraint or
detention without necessarily ordering the
release of the prisoner.
The writ of habeas data 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.
writ of amparo 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 of a private individual or entity.
A Writ of Kalikasan is a legal
remedy under Philippine law that provides
protection of one's Constitutional right to a
healthy environment, as outlined in Section
16, Article II of the Philippine Constitution,
which says the "state shall protect and
advance the right of the people to a balanced
and healthful ecology in accord with the
rhythm and harmony of nature." [1] "Kalikasan"
is a Filipino word for "nature".[1
SUGGESTED ANSWER
:A writ of habeas data is a remedy
available to any persons whose right to
privacy in life, liberty, or security is
violated or threatened with violation by
unlawful act or omission of a public official
or employee, or of a private individual or
entity engaged in theg athering, collecting,
or storing of data or information regarding
the person,family, home and
correspondence of theaggrieved party. Writ
of Amparo; Habeas Corpus (2009)
No.XIX.B. What is the writ of amparo? Howis
it distinguished from the writ of
habeascorpus?
SUGGESTED ANSWER:
A writ of amparo is a remedy available
toany person whose right to life, liberty,and
security is violated or threatened with
violation by an unlawful act oromission of
a public official or employee,or of a private
individual or entity. Thewrit shall cover
extralegal killings and enforced
disappearances or threats thereof.Whereas
a writ of habeas corpus is a remedy
available to any individual who is deprived
of liberty or whose rightful custody of any
person is withheld, by unlawful
confinement or detention.
A writ of amparo may be appealed to the
Supreme Court under Rule 45 raising
questions of fact or law or both. The appeal
shall be made within 5 working days from
the date of notice of the adverse judgment.
The period for appeal for habeas corpus
shall be 48 hours from the notice of
the judgment appealed from.