WILLY C.

DUMPIT Constitutional Law 2

FIRST YEAR – LLB Atty. Mohammad Fyzee P. Alim –
Prof.

ASSIGNMENT

1. In one sentence each, what is the purpose of both writs? In what cases may the
Writ of Habeas Corpus and Amparo be issued? Who may apply for the writ of
Habeas Data and Amparo? What does a prerogative writ mean? How long should
the writ of Habeas Corpus and Amparo be decided? Where does the jurisdiction and
venue lie for both writs? What happens after the writ is served for Habeas Corpus
and writ of Amparo? What are the interim relief under the Writ of Amparo?

Answer:

1. Writ of habeas corpus is designed to enforced the right to freedom of

the person and writ of amparo is designed to protect those other
fundamental human rights enshrined in the Constitution but not covered
of the former.
2. Writ of habeas corpus shall be issued to all cases of illegal
confinement or detention by which any person is deprived of his liberty,
or by which the rightful custody of any person is withheld from the
person entitled thereto, while writ of amparo shall be issued to any
person whose right to life, liberty and security is violated or threatened
by unlawful act of public official or employee or private individual.
3. Section 2 of the Rule of Writ of Amparo states that the following may
file for the petition: (a) Any member of the immediate family, namely: the
spouse, children and parents of the aggrieved party; (b) Any ascendant,
descendant or collateral relative of the aggrieved party within the fourth
civil degree of consanguinity or affinity, in default of those mentioned in
the preceding paragraph; or (c) Any concerned citizen, organization,
association or institution, if there is no known member of the immediate
family or relative of the aggrieved party.
4. A prerogative writ is a writ or official order, directing the behavior of
another arm of government, such as an agency, official, or other court. 
5. Writ of habeas corpus must promulgate its decision within thirty days
from its filing by any citizen while writ of amparo is mandated to
decide the case within ten days from the time the case is submitted
for decision.
6. For writ of habeas corpus, jurisdiction may be granted by the
Supreme Court, or any member thereof, on any day and at any time, or
by the Court of Appeals or any member thereof in the instances
authorized by law, and if so granted it shall be enforceable anywhere in
the Philippines, and may be made returnable before the court or any
member thereof, or before the Court of First Instance, or any judge
thereof for the hearing and decision on the merits while for writ of
amparo, jurisdiction may be granted to the Regional Trial Court of the
place where the threat, act or omission was committed or any of its
elements occurred, or with the Sandiganbayan, the Court of Appeals,
 the Supreme Court, or any justice of such courts on any day and at any
time.
7. When writ of habeas corpus is served, the judge may dismiss the
petition, issue an “order to show cause” or issue a writ, while in writ of
amparo, within seventy-two hours after the service of the writ, the
respondent/s shall submit a “verified written return”
8. The interim reliefs of writ of amparo are the ffolowing: Temporary
Protection Order (TPO), Inspection Order (IO), Production Order (PO),
and Witness Protection Order (WPO).

2. These are your bar questions Involuntary servitude may be required as (A) part of
rehabilitation of one duly charged with in a crime. (B) substitute penalty for one who
has been duly tried for a crime. (C) punishment for a crime where one has been duly
convicted. (D) condition precedent to one’s valid arraignment.
A bill of attainder is: a. an executive act which inflicts punishments without
tender; b. a judicial act which inflicts punishment without tender; c. a legislative act
which inflicts punishment without trial; d. a legislative act which pardons punishment
after tender.

Answer:

1. C
2. C

3. Mr. Violet was convicted by the RTC of Estafa. On appeal, he filled with the Court
of Appeals a Motion to Fix Bail for Provisional Liberty Pending Appeal. The Court of
Appeals. The Court of Appeals granted the motion and set a bail amount in the sum
of Five (5) Million Pesos, subject to the conditions that he secure “a
certification/guaranty from the Mayor of the place of his residence that he is a
resident of the area and that he will remain to be a resident therein until final
judgment is rendered or in a case he transfers residence, it must be prior notice to
the court”. Further, he was ordered to surrender his passport to the Division Clerk of
Court for safekeeping until the court orders to return. (a) Mr. Violet challenges the
conditions imposed by the Court of Appeals as violative of his liberty adobe and right
to travel. Decide with reasons. (5%) (b) (b) Are the “liberty of adobe” and “the right to
travel” absolute rights? Explain. What are the respective exception/s to each right if
any? (5%) (2012).

Answer:

a. Mr. Violet’s contention is bereft of merit. Jurisprudence dictates that

the right to abide and the right to travel are not absolute. No less than
the 1987 constitution Article III Section 6 expressly provides that the
liberty of adobe and of changing the same may be impaired upon lawful
order of the court. In the present case, the order of the CA is lawful
because such bail is imposed to ensure the presence of the accused
whenever he is required by the court. Such order does not prevent at all
Mr. Violet from changing its abode. He is merely required to inform the
court in case he does do.
b. Jurisprudence holds that the liberty of adobe and the right to travel
are basically not absolute. The liberty of adobe can be imposed within
the limits prescribed by law upon lawful order of the court. The right to
travel on the hand may be impaired when national security, public
safety and public health is stake or as provided by law. Moreover, it is
an inherent power of the court to restrict the right of an accused such
as in the present case who has pending criminal case to travel abroad
to maintain Court’s jurisdiction over the accused.