SUMALINOG, APRIL B.
Special Proceedings (Sat 3:30 – 5:30 PM)
ASSIGNMENT 3_March 14, 2020
DISTINCTION BETWEEN WRITS OF HABEAS CORPUS, AMPARO AND DATA
WRIT OF HABEAS CORPUS
The Rule was drafted
pursuant to the Supreme
Court’s constitutional
power to promulgate
LEGAL BASIS rules for the protection
and enforcement of
constitutional rights
(Constitution, Art. VIII,
Sec. 5[5]).
GOVERNING
Rule 102
LAW
“Habeas corpus” is a
Latin phrase which
literally means “you have
the body.” Basically, it is
a writ directed to the
person detaining another,
commanding him to
produce the body of the
DEFINITION prisoner at a 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.
REMEDY FOR
Sec. 1
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.
Atty. Brenda Tangarorang
AMPARO
Same
A.M. No. 07-9-12-SC
It is a remedy available
to any person whose
right to life, liberty, and
security has been
violated or is
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.
HABEAS DATA
Same
A.M. No. 08-1-16-SC
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.
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:
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Sec. 3
By the party for whose
relief it is intended, or by
some other person in his
behalf
PETITIONER
Sec. 2
Where the plaintiff resides
or where the defendant
resides, or in the case of
non-resident defendant,
where he may be found,
at the election of the
VENUE
plaintiff.
SC CA and SB: anywhere
EXTENT OF
in the Philippines
ENFORCEABILI
RTC: only within its
TY
judicial district
1. Gathering
2. Collecting
3. Storing of data or
information regarding
the person family,
home and
correspondence of the
aggrieved party.
Sec. 2 Sec. 2
By the aggrieved party, General rule:
or by any qualified The aggrieved party
person or entity in the Except:
order provided in Sec. 2 In cases of extralegal
killings and enforced
disappearances:
1. Immediate family;
2. In default of no. 1,
ascendant, descendant
or collateral relative
within the 4th civil
degree of
consanguinity or
affinity.
Sec. 3 Sec. 3
SC, CA and SB: Manila; SC, CA and SB: Manila;
RTC of the place where RTC:
the threat, act or 1. Where the petitioner
omission was resides;
committed or any of 2. Where the
respondent resides;
3. Which has
jurisdiction over the
place where data or
information is gathered
etc.
All at the option of the
petitioner.
Anywhere in the Anywhere in the
Philippines Philippines
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Sec. 11
(a) Motion to dismiss;
(b) Motion for extension
of time to file return,
opposition, affidavits,
position paper and
other pleadings;
(c) Dilatory motion for
postponement;
(d) Motion for a bill of
particulars;
(e) Counterclaim or
cross-claim;
(f) Third-party
PROHIBITED
complaint;
PLEADINGS
(g) Reply;
AND MOTIONS
(h) Motion to declare
respondent in default;
(i) Intervention;
(j) Memorandum;
(k) Motion for
reconsideration of
interlocutory orders or
interim relief orders;
and
(l) Petition for certiorari,
mandamus or
prohibition against any
interlocutory order.
Sec. 12
EFFECT OF In case the respondent
FAILURE TO fails to file a return, the
FILE A court, justice or judge
RETURN shall proceed to hear
the petition ex parte.
INTERIM
RELIEFS Sec. 12 Sec. 14
1.Unless for good cause (a) Temporary
shown, the hearing is Protection Order.
adjourned, in which event (b) Inspection Order.
the court shall make an (c) Production Order
order for the safe keeping (d) Witness Protection
of the person imprisoned Order.
or restrained as the
nature of the case
requires;
2. The court or judge
must be satisfied that the
person’s illness is so
grave that he cannot be
produced without any
Sec. 13.
(a) Motion to dismiss;
(b) Motion for
extension of time to
file opposition,
affidavit, position
paper and other
pleadings;
(c) Dilatory motion for
postponement;
(d) Motion for a bill of
particulars;
(e) Counterclaim or
cross-claim;
(f) Third-party
complaint;
(g) Reply;
(h) Motion to declare
respondent in default;
(i) Intervention;
(j) Memorandum;
(k) Motion for
reconsideration of
interlocutory orders or
interim relief orders;
and
(l) Petition for
certiorari, mandamus
or prohibition against
any interlocutory
order.
Sec. 14
In case the respondent
fails to file a return, the
court, justice or judge
shall proceed to hear
the petition ex parte.
 
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 danger.
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
JUDGMENT 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.
Sec. 15 in relation to Sec.
3 of Rule 41 and Sec. 39
of BP 129:
48 hours from notice of
judgment appealed from
by ordinary appeal
APPEAL
Sec. 18 Sec. 16
The court shall render Same with WOA with
judgment within ten an addition that upon
(10) days from the time finality, the judgment
the petition is shall be enforced by
submitted for decision. the sheriff or any
If the allegations in the lawful officers as may
petition are proven by be designated by the
substantial evidence, court, justice or judge
the court shall grant the within 5 working days.
privilege of the writ and
such reliefs as may be
proper and appropriate;
otherwise, the privilege
shall be denied.
Sec. 19 Sec. 19
Rule 45 by petition for Same as WOA
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.
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