UNIVERSITY OF SAN JOSE- RECOLETOS

SCHOOL OF LAW

SPECIAL PROCEEDINGS
2nd semester, A.Y. 2017-2018
(SATURDAY 3:30-5:30 pm)

WRITTEN REPORT
RE: COMPARISON OF REMEDIES

 WRIT OF HABEAS CORPUS

 WRIT OF AMPARO
 WRIT OF HABEAS DATA

Submitted by:

LUANSING, ANNIELOU L.

Submitted to:

ATTY. BRENDA TANGARORANG

 HABEAS CORPUS
Literal “You have the body” (Latin)
interpretation
Rule 102;
1997
Governing
rule
Writ directed to the person
detaining another,
commanding him to produce
the body of the prisoner at a
Definition designated time and place,
with the day and cause of his
capture and detention, to do,
submit to, and receive
whatsoever the court or judge
awarding the writ shall
consider in that behalf.
Availability/
(Sec. 1)
Coverage To all cases of illegal
confinement or detention:
1. By which any
person is deprived of his
liberty; or
2. By which the rightful
custody of any person is
withheld from the person
entitled thereto
Rights
There is an actual violation of
Violated the right to liberty of and
rightful custody by the
aggrieved party.
Venue If filed with RTC or any judge
thereof: where the detainee is
detained
SB in aid of its appellate
jurisdiction;
CA or any member in
instances authorized by law;
or SC or any member thereof;
MTC in exercise of special
jurisdiction; FC in cases of
custody of minors
AMPARO
“To protect”
(Spanish)
A.M. No.
0 7-9-12-SC;
September 25, 2007
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.
The writ covers
extralegal killings and
enforced
disappearances or
threats thereof
(Sec. 1)
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.
(Sec. 1)
There is an actual or
threatened violation of the
aggrieved party’s right to
life, liberty and security
(Sec. 3)
If filed with RTC: the place
where the threat, act or
omission was committed
or any of its elements
occurred;
SB or any justice thereof
only insofar as
respondents are public
officers or employees; CA
or any justice thereof; SC
or any justice thereof
HABEAS DATA
“You have the data” (Latin)
A.M. No.
08-1-16-SC
February 02, 2008
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.
(Sec. 1)
To any person whose
right to privacy in 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
engaged in:
1. Gathering
2. Collecting
3. Storing of data or
information regarding the
person family, home and
correspondence of the
aggrieved party.
(Sec. 1)
There is an actual or
threatened violation of the
aggrieved party’s right to
privacy in life, liberty or
security
(Sec. 3)
If filed with RTC: where the
1. petitioner or 2.
respondent resides; or that
3. which has jurisdiction
over the place where the
data or information is
gathered, collected or
stored, at the option of the
petitioner;
SC, CA or SB when the
action concerns public data
files or government offices
Who may file
(Sec. 3)
1. By the party for whose
relief it is intended; or
2. By any person on his
behalf
Respondent May or may not be an officer.
(Sec. 2)
Extent of If granted by SC, CA, or SB:
enforceability enforceable anywhere In the
Philippines;
If granted by RTC:
enforceable only within the
judicial district
Payment of (Sec. 19)
Payment of docket fees is
Docket Fees
required.
EXPN: indigent petitioner
exempt
As to costs:
When a person confined in a
criminal case is discharged,
the costs shall be taxed
against the RP
When a person in custody by
virtue of a civil case is
discharged, the costs shall be
taxed against him, or against
the person who signed the
application for the writ, or
both
Setting of (Sec. 12)
Hearing Hearing on return
(Sec. 2)
GR: By the aggrieved
party
EXPN: By any qualified
person/entity in the
following order:
a. Any member of the
immediate family
b. Any ascendant,
descendant, or collateral
relative of the aggrieved
party within the 4th civil
degree of consanguinity or
affinity
c. Any concerned citizen,
organization, association
or institution
The filing of the aggrieved
party himself suspends the
right to file petition by
other persons
The filing of petition by an
authorized person
suspends the right to file
by others down the order
(Sec. 1)
Public official or employee
or a private individual or
entity.
(Sec. 3); (Sec. 4)
Enforceable anywhere in
the Philippines regardless
of who issued the same
(Sec. 4)
Petitioner is exempted
from payment of docket
fees and other lawful fees
Reason: enforcement of
these sacrosanct rights
should not be violated by
lack of finances
(Sec. 6)
Not later than 7 days from
issuance of writ
(Sec. 2)
GR: By the aggrieved party
EXPN: However, in cases
of extralegal killings and
enforced disappearances:
a. Any member of the
immediate family
b. In default of the former,
any ascendant,
descendant, or collateral
relative of the aggrieved
party within the 4th civil
degree of consanguinity or
affinity
(Sec. 3)
Public official or employee
or 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.
(Sec. 3); (Sec. 4)
Enforceable anywhere in
the Philippines regardless
of who issued the same
(Sec. 5)
Payment is required.
EXPN: indigent petitioner
exempt from paying docket
and other lawful fees
(Sec. 7)
Not later than 10 days from
date of issuance of writ
How writ is (Sec. 7)
served Service of the writ shall be
made by leaving the original
with the person to whom it is
directed and preserving a
copy on which to make return
of service.
If that person cannot be
found, or has not the prisoner
in custody then the service
shall be made on any person
having or exercising such
custody
Person who Officer by whom the prisoner
is imprisoned or the person in
makes return
whose custody the prisoner is
found
Filing of (Sec. 10)
return/When to Signed and shall also be
sworn to if the prisoner is not
file
produced
On the day specified in the
writ
Liability of (Sec. 16)
Forfeit to the aggrieved party
person who
the sum of P1000, and may
refuses to file also be punished for
return contempt.
Hearing; When (Sec. 6)
Date and time of hearing is
Summary
specified in the writ.
Not summary
Interim reliefs (Sec. 12)
1. Unless for good cause
shown, the hearing is
adjourned, in which event the
court shall make an order for
the safekeeping of the person
imprisoned or restrained as
the
nature of the case requires;
Writ shall be issued
immediately upon filing if
the writ on its face ought to
issue
(Sec. 8)
If the writ cannot be
served personally on
respondent, the rules on
substituted service shall
apply
Respondent
Sec. 9)
Verified written return to
be filed within 5 working
days after service of the
writ (which cannot be
extended except on highly
meritorious grounds), the
respondent shall file
(Sec. 16)
Imprisonment or fine for
committing contempt.
Sec. 13); (Sec. 15)
The hearing on the petition
shall be summary.
However, the court, justice
or judge may call for a
preliminary conference to
simplify the issues and
determine the possibility of
obtaining stipulations and
admissions from the
parties.
The hearing shall be from
day to day until completed
and given the same
priority as petitions for
habeas corpus
(Sec. 6)
Summary hearing shall be
conducted not later than 7
days from the date of
issuance of the writ.
(Sec. 14)
1. Temporary Protection
Order.
2. Inspection Order.
3. Production Order.
4. Witness Protection
Order.
Writ shall be issued
immediately upon filing if
the writ on its face ought to
issue
(Sec. 9)
If the writ cannot be served
personally on respondent,
the rules on substituted
service shall apply
Respondent
(Sec. 9)
The respondent shall file a
verified written return
together with supporting
affidavits within 5 working
days from service of the
writ, (which period may be
reasonably extended by the
Court for justifiable
reasons)
(Sec. 11)
Imprisonment or fine for
committing contempt.
Sec. 13); (Sec. 15)
The hearing on the petition
shall be summary.
However, the court, justice
or judge may call for a
preliminary conference to
simplify the issues and
determine the possibility of
obtaining stipulations and
admissions from the
parties.
The hearing shall be from
day to day until completed
and given the same priority
as petitions for habeas
corpus
(Sec. 7)
Summary hearing shall be
conducted not later than 10
working days from the date
of issuance of the writ
No interim reliefs.
 2. The court or judge must be
satisfied that the person's
illness is so grave that he
cannot be produced without
any danger
Judgment (Sec. 15)
When the court or judge has
examined into the cause of
caption and restraint of the
prisoner, and is satisfied that
he is unlawfully imprisoned or
restrained, he shall forthwith
order his discharge from
confinement, but such
discharge shall not be
effective until a copy of the
order has been served on the
officer or person detaining the
prisoner. If the officer or
person detaining the prisoner
does not desire to appeal, the
prisoner shall be forthwith
released.
Appeal Sec. 15 in relation to Sec. 3
Rule 41 and Sec. 39 of BP
129: Within 48 hours from
notice of the judgment or final
order appealed from. Appeal
is filed to the SC under Rule
45
Quantum of Quantum of proof is clear and
convincing evidence
Proof
Prohibited None
Pleadings
(Sec. 18) The court shall
render judgment within ten
(10) days from the time the
petition is submitted for
decision. If the allegations
in the petition are proven
by substantial evidence,
the court shall grant the
privilege of the writ and
such reliefs as may be
proper and appropriate;
otherwise, the privilege
shall be denied. No
enforcement within 5 days
unlike in writ of habeas
data
(Sec. 19); (Sec. 19)
Rule 45 by petition for
review on certiorari with
peculiar features:
1. Appeal may raise
questions of fact or law or
both;
2. Period of appeal shall
be 5 working days from
the date of notice of the
adverse judgment;
3. Same priority as habeas
corpus cases
(Sec. 17) Quantum of
proof is substantial
evidence
(Sec. 11); (Sec. 13)
1. Motion to dismiss; 2.
Motion for extension of
time to file opposition,
affidavit, position paper
and other pleadings;
3. Dilatory motion for
postponement;
4. Motion for a bill of
particulars;
5. Counterclaim or cross -
claim;
6. Third - party complaint;
7. Reply;
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.
(Sec. 16) Same with writ of
amparo with an addition
that upon finality, the
judgment shall be enforced
by the sheriff or any lawful
officers as may be
designated by the court,
justice or judge within 5
working days.
(Sec. 19); (Sec. 19)
Rule 45 by petition for
review on certiorari with
peculiar features:
1. Appeal may raise
questions of fact or law or
both;
2. Period of appeal shall be
5 working days from the
date of notice of the
adverse judgment;
3. Same priority as habeas
corpus cases
(Sec. 16) Quantum of proof
is substantial evidence
(Sec. 11); (Sec. 13)
1. Motion to dismiss; 2.
Motion for extension of time
to file opposition, affidavit,
position paper and other
pleadings;
3. Dilatory motion for
postponement;
4. Motion for a bill of
particulars;
5. Counterclaim or cross -
claim;
6. Third - party complaint;
7. Reply;
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.