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WRIT OF HABEAS CORPUS, WRIT OF AMPARO


WRIT OF HABEAS DATA,
RULE ON CUSTODY OF MINORS WITH WRIT OF HABEAS CORPUS
IN RELATION TO CUSTODY OF MINORS

WRIT OF HABEAS CORPUS WRIT OF AMPARO WRIT OF HABEAS DATA


Cases to which writ Illegal confinement or detention
applies by which any person is deprived Ay person whose right to life, The writ of habeas data is a
of his liberty, or by which the liberty and security is violated or remedy available to any person
rightful custody of any person is threatened with violation by an whose right to privacy in life,
withheld from the person entitled unlawful act or omission of a liberty or security is violated or
thereto. Rule 102, Sec. 1 public official or employee, or of a threatened by an unlawful act or
--------------------------------------- private individual or entity. The omission of a public official or
Custody of Minors: writ shall cover extralegal killings employee, or of a private
A verified petition for a writ of and enforced disappearances or individual or entity engaged in the
habeas corpus involving custody threats thereof. The Rule on the gathering, collecting or storing of
of minors shall be filed with the Writ of Amparo, Sec. 1 data or information regarding the
Family Court. The writ shall be person, family, home and
enforceable within its judicial correspondence of the aggrieved
region to which the Family party. Sec. 1
Court belongs.

However, the petition may be


filed with the regular court in the
absence of the presiding judge of
the Family Court, provided,
however, that the regular court
shall refer the case to the Family
Court as soon as its presiding

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judge returns to duty. Rule on
Custody of Minors and Writ of
Habeas Corpus in Relation to
Custody of Minors, Sec. 20

Who may grant writ a) Supreme Court, or any The petition may be filed with the
(where to file) member thereof in the instances The petition may be filed on any Regional Trial Court where the
authorized by law. day and at any time with the petitioner or respondent resides,
Regional Trial Court of the place or that which has jurisdiction over
(b) Court of First Instance, or a where the threat, act or omission the place where the data or
judge thereof, on any day and at was committed or any of its information is gathered, collected
any time, and returnable before elements occurred, or with the or stored, at the option of the
himself, enforceable only within Sandiganbayan, the Court of petitioner.
his judicial district. Sec. 2 Appeals, the Supreme Court, or
--------------------------------- any justice of such courts. The petition may also be filed
Custody of Minors: with the Supreme Court or the
(a) Family Court; (b) If Family Court of Appeals or the
Court Judge not available, then Sandiganbayan when the action
regular court but referable to concerns public data files of
Family Court afterwards; (c) government offices. Sec. 3
Regular court, where there is no
Family Court; (d) Supreme
Court, Court of Appeals, or any
member thereof. Sec. 20

Where returnable Custody of Minors: When issued by a Regional Trial When the writ is issued by a
When issued by the Family Court or any judge thereof, the Regional Trial Court or any judge
Court or regular court when writ shall be returnable before thereof, it shall be returnable
proper, the writ shall be such court or judge. before such court or judge.
returnable before such court or

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judge.
When issued by the Supreme When issued by the When issued by the Court of
Court of Court of Appeals, the Sandiganbayan or the Court of Appeals or the Sandiganbayan or
writ may be made returnable to a Appeals or any of their justices, it any of its justices, it may be
Family Court or to any regular may be returnable before such returnable before such court or
court within the region where the court or any justice thereof, or to any justice thereof, or to any
petitioner resides or where the any Regional Trial Court of the Regional Trial Court of the place
minor may be found for hearing place where the threat, act or where the petitioner or respondent
and decision on the merits. omission was committed or any of resides, or that which has
Upon return of the writ, the court its elements occurred. jurisdiction over the place where
shall decide the issue on custody the data or information is
of minors. The appellate court, When issued by the Supreme gathered, collected or stored.
or the member thereof, issuing Court or any of its justices, it may
the writ shall be furnished a copy be returnable before such Court or When issued by the Supreme
of the decision. Sec. 20 any justice thereof, or before the Court or any of its justices, it may
Sandiganbayan or the Court of be returnable before such Court or
Appeals or any of their justices, or any justice thereof, or before the
to any Regional Trial Court of the Court of Appeals or the
place where the threat, act or Sandiganbayan or any of its
omission was committed or any of justices, or to any Regional Trial
its elements occurred. Sec. 3 Court of the place where the
petitioner or respondent resides,
or that which has jurisdiction over
the place where the data or
information is gathered, collected
or stored.

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Issuance of writ Upon the filing of the petition, the Upon the filing of the petition, the
court, justice or judge shall court, justice or judge shall
immediately order the issuance of immediately order the issuance of
the writ if on its face it ought to the writ if on its face it ought to
issue. The clerk of court shall issue issue. The clerk of court shall
the writ under the seal of the court; issue the writ under the seal of the
or in case of urgent necessity, the court; or in case of urgent
justice or the judge may issue the necessity, the justice or the judge
writ under his or her own hand, may issue the writ under his or
and may deputize any officer or her own hand, and may deputize
person to serve it. any officer or person to serve it.

The writ shall also set the date and The writ shall also set the date
time for summary hearing of the and time for summary hearing of
petition which shall not be later the petition which shall not be
than seven (7) days from the date later than seven (7) days from the
of its issuance Sec. 6 date of its issuance. Sec. 6
Penalty for refusal to
serve writ A clerk of court who refuses to A clerk of court who refuses to
issue the writ after its allowance, issue the writ after its allowance,
or a deputized person who refuses or a deputized person who refuses
to serve the same, shall be to serve the same, shall be
punished by the court, justice or punished by the court, justice or
judge for contempt without judge for contempt without
prejudice to other disciplinary prejudice to other disciplinary
actions. Sec. 7 actions. Sec.7
How writ is served
The writ shall be served upon the The writ shall be served upon the
respondent by a judicial officer or respondent by a judicial officer or
by a person deputized by the court, by a person deputized by the

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justice or judge who shall retain a court, justice or judge who shall
copy on which to make a return of retain a copy on which to make a
service. In case the writ cannot be return of service. In case the writ
served personally on the cannot be served personally on
respondent, the rules on the respondent, the rules on
substituted service shall apply. substituted service shall apply
Sec. 8 Sec. 8
Where enforceable If granted by the Supreme Court The writ shall be enforceable The writ of habeas data shall be
or any member thereof, the writ anywhere in the Philippines. Sec. 3 enforceable anywhere in the
is enforceable anywhere in the Philippines. Sec. 4
Philippines. If granted by the
Regional Trial Court or any
judge thereof, the writ is ,
enforceable only within his
judicial district. Sec. 2

Custody of Minors: Family


Court of regular court, the writ is
enforceable within the region.
Supreme Court or Court of
appeals, the writ is enforceable
anywhere in the Philippines. Sec.
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Who may file petition Application for the writ shall be The petition may be filed by the Any aggrieved party may file a
by petition signed and verified aggrieved party or by any qualified petition for the writ of habeas
either by the party for whose person or entity in the following data. However, in cases of
relief it is intended, or by some order: extralegal killings and enforced
person on his behalf. Sec. 3 (a) Any member of the immediate disappearances, the petition may
family, namely: the spouse, be filed by:
children and parents of the (a) Any member of the immediate

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aggrieved party; family of the aggrieved party,
(b) Any ascendant, descendant or namely: the spouse, children and
collateral relative of the aggrieved parents; or
party within the fourth civil degree (b) Any ascendant, descendant or
of consanguinity or affinity, in collateral relative of the aggrieved
default of those mentioned in the party within the fourth civil
preceding paragraph; or degree of consanguinity or
(c) Any concerned citizen, affinity, in default of those
organization, association or mentioned in the preceding
institution, if there is no known paragraph. Sec. 2
member of the immediate family
or relative of the aggrieved party.
The filing of a petition by the
aggrieved party suspends the right
of all other authorized parties to
file similar petitions. Likewise, the
filing of the petition by an
authorized party on behalf of the
aggrieved party suspends the right
of all others, observing the order
established herein (Section 2).
Grounds (Contents of Application for the writ shall be The petition shall be signed and The petition shall be signed and
the petition) by petition signed and verified verified and shall allege the verified and shall allege the
either by the party for whose following: following:
relief it is intended, or by some (a) The personal circumstances of (a) The personal circumstances of
person on his behalf, and shall the petitioner; the petitioner;
set forth: (b) The name and personal (b) The name and personal
(a) That the person in whose circumstances of the respondent circumstances of the respondent
behalf the application is made is responsible for the threat, act or responsible for the threat, act or
imprisoned or restrained on his omission, or, if the name is omission, or, if the name is
liberty; unknown or uncertain, the unknown or uncertain, the

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(b) The officer or name of the respondent may be described by an respondent may be described by
person by whom he is so assumed appellation; an assumed appellation;
imprisoned or restrained; or, if (c) The right to life, liberty and (c) The right to life, liberty and
both are unknown or uncertain, security of the aggrieved party security of the aggrieved party
such officer or person may be violated or threatened with violated or threatened with
described by an assumed violation by an unlawful act or violation by an unlawful act or
appellation, and the person who omission of the respondent, and omission of the respondent, and
is served with the writ shall be how such threat or violation is how such threat or violation is
deemed the person intended; committed with the attendant committed with the attendant
(c) The place where he is so circumstances detailed in circumstances detailed in
imprisoned or restrained, if supporting affidavits; supporting affidavits;
known; (d) The investigation conducted, if (d) The investigation conducted, if
(d) A copy of the commitment or any, specifying the names, any, specifying the names,
cause of detention of such personal circumstances, and personal circumstances, and
person, if it can be procured addresses of the investigating addresses of the investigating
without impairing the efficiency authority or individuals, as well as authority or individuals, as well as
of the remedy; or, if the the manner and conduct of the the manner and conduct of the
imprisonment or restraint is investigation, together with any investigation, together with any
without any legal authority, such report; report;
fact shall appear. Sec. 3 (e) The actions and recourses (e) The actions and recourses
taken by the petitioner to taken by the petitioner to
determine the fate or whereabouts determine the fate or whereabouts
of the aggrieved party and the of the aggrieved party and the
identity of the person responsible identity of the person responsible
for the threat, act or omission; and for the threat, act or omission; and
(f) The relief prayed for the (f) The relief prayed for the
petition may include a general petition may include a general
prayer for other just and equitable prayer for other just and equitable
reliefs. Sec.5 reliefs. Sec 5
Docket fees The petitioner shall be exempted
from the payment of the docket The petitioner shall be exempted

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and other lawful fees when filing
the petition. The court, justice or from the payment of the docket
judge shall docket the petition and and other lawful fees when filing
act upon it immediately. Sec. 4 the petition. The court, justice or
judge shall docket the petition and
act upon it immediately. Sec.4
When writ not allowed If it appears that the person
or discharge authorized alleged to be restrained of his
liberty is in the custody of an
officer under process issued by a
court or judge or by virtue of a
judgment or order of a court of
record, and that the court or
judge had jurisdiction to issue
the process, render the judgment,
or make the order, the writ shall
not be allowed; or if the
jurisdiction appears after the writ
is allowed, the person shall not
be discharged by reason of any
informality or defect in the
process, judgment, or order. Not
shall anything in this rule be held
to authorize the discharge of a
person charged with or convicted
of an offense in the Philippines,
or of a person suffering
imprisonment under lawful
judgment. Sec. 4
When writ must be
granted and issued A court or judge authorized to

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grant the writ must, when a
petition therefor is presented and
it appears that the writ ought to
issue, grant the same forthwith,
and immediately thereupon the
clerk of the court shall issue the
writ under the seal of the court;
or in case of emergency, the
judge may issue the writ under
his own hand, and may depute
any officer or person to serve it.
Sec. 5
To whom writ directed,
and what to require In case of imprisonment or
restraint by an officer, the writ
shall be directed to him, and
shall command him to have the
body of the person restrained of
his liberty before the court or
judge designated in the writ at
the time and place therein
specified. In case of
imprisonment or restraint by a
person not an officer, the writ
shall be directed to an officer,
and shall command him to take
and have the body of the person
restrained of his liberty before
the court or judge designated in
the writ at the time and place

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therein specified, and to summon
the person by whom he is
restrained then and there to
appear before said court or judge
to show the cause of the
imprisonment or restraint. Sec. 6
How prisoner designated
and writ served. The person to be produced
should be designated in the writ
by his name, if known, but if his
name is not known he may be
otherwise described or
identified. The writ may be
served in any province by the
sheriff or other proper officer, or
by a person deputed by the court
or judge. 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 or
service. If that person cannot be
found, or has not the prisoner in
his custody, then the service
shall be made on any other
person having or exercising such
custody. Sec. 7
How writ executed and
returned The officer to whom the writ is
directed shall convey the person

10
so imprisoned or restrained, and
named in the writ, before the
judge allowing the writ, or in
case of his absence or disability,
before some other judge of the
same court, on the day specified
in the writ, unless, from sickness
or infirmity of the person
directed to be produced, such
person cannot, without danger,
be bought before the court or
judge; and the officer shall make
due return of the writ, together
with the day and the cause of the
caption and restraint of such
person according to the
command thereof. Sec. 8
Defect of form
No writ of habeas corpus can be
disobeyed for defect of form, if
it sufficiently appears therefrom
in whose custody or under
whose restraint the party
imprisoned or restrained is held
and the court or judge before
whom he is to be bought. Sec. 9
Contents of return When the person to be produced Within seventy-two (72) hours Within seventy-two (72) hours
is imprisoned or restrained by an after service of the writ, the after service of the writ, the
officer, the person who makes respondent shall file a verified respondent shall file a verified
the return shall state therein, and written return together with written return together with

11
in other cases the person in supporting affidavits which shall, supporting affidavits which shall,
whose custody the prisoner is among other things, contain the among other things, contain the
found shall state, in writing to following: following:
the court or judge before whom (a) The lawful defenses to show (a) The lawful defenses to show
the writ is returnable, plainly and that the respondent did not violate that the respondent did not violate
unequivocably: or threaten with violation the right or threaten with violation the right
to life, liberty and security of the to life, liberty and security of the
(a) Whether he has or has not the aggrieved party, through any act or aggrieved party, through any act
party in his custody or power, or omission; or omission;
under restraint; (b) The steps or actions taken by (b) The steps or actions taken by
the respondent to determine the the respondent to determine the
(b) If he has the party in his fate or whereabouts of the fate or whereabouts of the
custody or power, or under aggrieved party and the person or aggrieved party and the person or
restraint, the authority and the persons responsible for the threat, persons responsible for the threat,
true and whole cause thereof, set act or omission; act or omission;
forth at large, with a copy of the (c) All relevant information in the (c) All relevant information in the
writ, order execution, or other possession of the respondent possession of the respondent
process, if any, upon which the pertaining to the threat, act or pertaining to the threat, act or
party is held; omission against the aggrieved omission against the aggrieved
party; and party; and
(c) If the party is in his custody (d) If the respondent is a public (d) If the respondent is a public
or power or is restrained by him, official or employee, the return official or employee, the return
and is not produced, particularly shall further state the actions that shall further state the actions that
the nature and gravity of the have been or will still be taken: (i) have been or will still be taken: (i)
sickness or infirmity of such to verify the identity of the to verify the identity of the
party by reason of which he aggrieved party; (ii) to recover and aggrieved party; (ii) to recover
cannot, without danger, be preserve evidence related to the and preserve evidence related to
bought before the court or judge; death or disappearance of the the death or disappearance of the
person identified in the petition person identified in the petition
(d) If he has had the party in his which may aid in the prosecution which may aid in the prosecution
custody or power, or under of the person or persons of the person or persons

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responsible; (iii) to identify responsible; (iii) to identify
restraint, and has transferred witnesses and obtain statements witnesses and obtain statements
such custody or restraint to from them concerning the death or from them concerning the death
another, particularly to whom, at disappearance; (iv) to determine or disappearance; (iv) to
what time, for what cause, and the cause, manner, location and determine the cause, manner,
by what authority such transfer time of death or disappearance as location and time of death or
was made. Sec. 10 well as any pattern or practice thatdisappearance as well as any
may have brought about the death pattern or practice that may have
or disappearance; (v) to identify brought about the death or
and apprehend the person or disappearance; (v) to identify and
persons involved in the death or apprehend the person or persons
disappearance; and (vi) to bring involved in the death or
the suspected offenders before a disappearance; and (vi) to bring
competent court. the suspected offenders before a
The return shall also state other competent court.
matters relevant to the The return shall also state other
investigation, its resolution and the
matters relevant to the
prosecution of the case. investigation, its resolution and
A general denial of the allegations the prosecution of the case.
in the petition shall not be allowedA general denial of the allegations
Sec.9. in the petition shall not be allowed
(Section 9).
Defenses not pleaded All defenses shall be raised in the
deemed waived All defenses shall be raised in the return, otherwise, they shall be
return, otherwise, they shall be deemed waived. Sec. 10
deemed waived. Sec. 10
Prohibited pleadings and
motiong The following pleadings and The following pleadings and
motions are prohibited: (a) Motion motions are prohibited: (a)
to dismiss; (b) Motion for Motion to dismiss; (b) Motion for
extension of time to file return, extension of time to file

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opposition, affidavit, position opposition, affidavit, position
paper and other pleadings; (c) paper and other pleadings;(c)
Dilatory motion for postponement; Dilatory motion for
(d) Motion for a bill of particulars; postponement; (d) Motion for a
(e) Counterclaim or cross-claim; bill of particulars; (e)
(f) Third-party complaint; (g) Counterclaim or cross-claim; (f)
Reply; (h) Motion to declare Third-party complaint; (g) Reply;
respondent in default; (i) (h) Motion to declare respondent
Intervention; (j) Memorandum; (k) in default; (i) Intervention; (j)
Motion for reconsideration of Memorandum; (k) Motion for
interlocutory orders or interim reconsideration of interlocutory
relief orders; and (l) Petition for orders or interim relief orders; and
certiorari, mandamus or (l) Petition for certiorari,
prohibition against any mandamus or prohibition against
interlocutory order. Sec. 11 any interlocutory order (Section
13).
Effect failure to file
return In case the respondent fails to file In case the respondent fails to file
a return, the court, justice or judge a return, the court, justice or judge
shall proceed to hear the petition shall proceed to hear the petition
ex parte Sec. 12 ex parte, granting the petitioner
such relief as the petition may
warrant unless the court in its
discretion requires the petitioner
to submit evidence. Sec. 14.
Return to be signed and The return or statement shall be
sworn to signed by the person who makes
it; and shall also be sworn by
him if the prisoner is not
produced, and in all other cases

14
unless the return is made and
signed by a sworn public officer
in his official capacity. Sec. 11
Summary hearing The hearing on the petition shall The hearing on the petition shall
be summary. However, the court, be summary. However, the court,
justice or judge may call for a justice or judge may call for a
preliminary conference to simplify preliminary conference to
the issues and determine the simplify the issues and determine
possibility of obtaining the possibility of obtaining
stipulations and admissions from stipulations and admissions from
the parties. the parties. Sec.15.
The hearing shall be from day to
day until completed and given the
same priority as petitions for
habeas corpus.
Hearing on return. When the writ is returned before
Adjournments one judge, at a time when the
court is in session, he may
forthwith adjourn the case into
the court, there to be heard and
determined. The court or judge
before whom the writ is returned
or adjourned must immediately
proceed to hear and examine the
return, and such other matters as
are properly submitted for
consideration, unless for good
cause shown the hearing is
adjourned, in which event the
court or judge shall make such
order for the safekeeping of the

15
person imprisoned or restrained
as the nature of the case requires.
If the person imprisoned or
restrained is not produced
because of his alleged sickness
or infirmity, the court or judge
must be satisfied that it is so
grave that such person cannot be
produced without danger, before
proceeding to hear and dispose
of the matter. On the hearing the
court or judge shall disregard
matters of form and
technicalities in respect to any
warrant or order of commitment
of a court or officer authorized to
commit by law. Sec. 12
Interim reliefs Upon filing of the petition or at
anytime before final judgment, the
court, justice or judge may grant
any of the following reliefs:
(a) Temporary Protection Order.
The court, justice or judge, upon
motion or motu proprio, may order
that the petitioner or the aggrieved
party and any member of the
immediate family be protected in a
government agency or by an
accredited person or private
institution capable of keeping and
securing their safety. If the

16
petitioner is an organization,
association or institution referred
to in Section 3(c) of this Rule, the
protection may be extended to the
officers involved.
The Supreme Court shall accredit
the persons and private institutions
that shall extend temporary
protection to the petitioner or the
aggrieved party and any member
of the immediate family, in
accordance with guidelines which
it shall issue.
The accredited persons and private
institutions shall comply with the
rules and conditions that may be
imposed by the court, justice or
judge.
(b) Inspection Order. The court,
justice or judge, upon verified
motion and after due hearing, may
order any person in possession or
control of a designated land or
other property, to permit entry for
the purpose of inspecting,
measuring, surveying, or
photographing the property or any
relevant object or operation
thereon.
The motion shall state in detail the
place or places to be inspected. It

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shall be supported by affidavits or
testimonies of witnesses having
personal knowledge of the
enforced disappearance or
whereabouts of the aggrieved
party.
If the motion is opposed on the
ground of national security or of
the privileged nature of the
information, the court, justice or
judge may conduct a hearing in
chambers to determine the merit of
the opposition.
The movant must show that the
inspection order is necessary to
establish the right of the aggrieved
party alleged to be threatened or
violated.
The inspection order shall specify
the person or persons authorized to
make the inspection and the date,
time, place and manner of making
the inspection and may prescribe
other conditions to protect the
constitutional rights of all parties.
The order shall expire five (5)
days after the date of its issuance,
unless extended for justifiable
reasons.
(c) Production Order. The court,
justice or judge, upon verified

18
motion and after due hearing, may
order any person in possession,
custody or control of any
designated documents, papers,
books, accounts, letters,
photographs, objects or tangible
things, or objects in digitized or
electronic form, which constitute
or contain evidence relevant to the
petition or the return, to produce
and permit their inspection,
copying or photographing by or on
behalf of the movant.
The motion may be opposed on
the ground of national security or
of the privileged nature of the
information, in which case the
court, justice or judge may
conduct a hearing in chambers to
determine the merit of the
opposition.
The court, justice or judge shall
prescribe other conditions to
protect the constitutional rights of
all the parties.
(d) Witness Protection Order.
The court, justice or judge, upon
motion or motu proprio, may refer
the witnesses to the Department of
Justice for admission to the
Witness Protection, Security and

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Benefit Program, pursuant to
Republic Act No. 6981. The court,
justice or judge may also refer the
witnesses to other government
agencies, or to accredited persons
or private institutions capable of
keeping and securing their safety.
Sec.14
Availability of reliefs to Upon verified motion of the
respondent respondent and after due hearing,
the court, justice or judge may
issue an inspection order or
production order under paragraphs
(b) and (c) of the preceding
section.
A motion for inspection order
under this section shall be
supported by affidavits or
testimonies of witnesses having
personal knowledge of the
defenses of the respondent. Sec. 15
Contempt The court, justice or judge
The court, justice or judge may may order the respondent who
order the respondent who refuses refuses to make a return, or who
to make a return, or who makes a makes a false return, or any
false return, or any person who person who otherwise disobeys or
otherwise disobeys or resists a resists a lawful process or order of
lawful process or order of the the court to be punished for
court to be punished for contempt. contempt. The contemnor may be
The contemnor may be imprisoned imprisoned or imposed a fine
or imposed a fine. Sec. 16.

20
(Section 16).

When the return


evidence, and when only If it appears that the prisoner is
a plea in custody under a warrant of
commitment in pursuance of law,
the return shall be considered
prima facie evidence of the
cause of restraint, but if he is
restrained of his liberty by any
alleged private authority, the
return shall be considered only
as a plea of the facts therein set
forth, and the party claiming the
custody must prove such facts.
Sec. 13
Burden of proof and The parties shall establish their
standard of diligence claims by substantial evidence.
required The respondent who is a private
individual or entity must prove
that ordinary diligence as required
by applicable laws, rules and
regulations was observed in the
performance of duty. The
respondent who is a public official
or employee must prove that
extraordinary diligence as required
by applicable laws, rules and
regulations was observed in the
performance of duty. The

21
respondent public official or
employee cannot invoke the
presumption that official duty has
been regularly performed to evade
responsibility or liability. Sec. 17
Return of service The officer who executed the final
judgment shall, within three (3)
days from its enforcement, make a
verified return to the court. The
return shall contain a full
statement of the proceedings
under the writ and a complete
inventory of the database or
information, or documents and
articles inspected, updated,
rectified, or deleted, with copies
served on the petitioner and the
respondent.

The officer shall state in the return


how the judgment was enforced
and complied with by the
respondent, as well as all
objections of the parties regarding
the manner and regularity of the
service of the writ. Sec. 17)
Judgment The court shall render judgment
The court shall render judgment within ten (10) days from the time
within ten (10) days from the time the petition is submitted for
the petition is submitted for decision. If the allegations in the
decision. If the allegations in the petition are proven by substantial

22
evidence, the court shall enjoin
petition are proven by substantial the act complained of, or order the
evidence, the court shall grant the deletion, destruction, or
privilege of the writ and such rectification of the erroneous data
reliefs as may be proper and or information and grant other
appropriate; otherwise, the relevant reliefs as may be just and
privilege shall be denied. Sec. 18 equitable; otherwise, the privilege
of the writ shall be denied.
Upon its finality, the judgment
shall be enforced by the sheriff or
any lawful officer as may be
designated by the court, justice or
judge within five (5) work days.
Sect. 16

When person lawfully


imprisoned If it appears that the prisoner was
recommitted, and when lawfully committed, and is
let to bail. plainly and specifically charged
in the warrant of commitment
with an offense punishable by
death, he shall not be released,
discharged, or bailed. If he is
lawfully imprisoned or
restrained on a charge of having
committed an offense not so
punishable, he may be
recommitted to imprisonment or
admitted to bail in the discretion
of the court or judge. If he be
admitted to bail, he shall

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forthwith file a bond in such sum
as the court or judge deems
reasonable, considering the
circumstances of the prisoner
and the nature of the offense
charged, conditioned for his
appearance before the court
where the offense is properly
cognizable to abide its order of
judgment; and the court or judge
shall certify the proceedings,
together with the bond, forthwith
to the proper court. If such bond
is not so filed, the prisoner shall
be recommitted to confinement.
Sec. 14
When prisoner
discharged if no appeal. 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

24
does not desire to appeal, the
prisoner shall be forthwith
released. Sec. 15
Penalty for refusing to
issue writ, or for A clerk of a court who refuses to
disobeying the same issue the writ after allowance
thereof and demand therefor, or a
person to whom a writ is
directed, who neglects or refuses
to obey or make return of the
same according to the command
thereof, or makes false return
thereof, or who, upon demand
made by or on behalf of the
prisoner, refuses to deliver to the
person demanding, within six (6)
hours after the demand therefor,
a true copy of the warrant or
order of commitment, shall
forfeit to the party aggrieved the
sum of one thousand pesos, to be
recorded in a proper action, and
may also be punished by the
court or judge as for contempt.
Sec. 16
Person discharged not to
be again imprisoned A person who is set at liberty
upon a writ of habeas corpus
shall not be again imprisoned for
the same offense unless by the

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lawful order or process of a court
having jurisdiction of the cause
or offense; and a person who
knowingly, contrary to the
provisions of this rule,
recommits or imprisons, or
causes to be committed or
imprisoned, for the same
offense, or pretended offense,
any person so set at liberty, or
knowingly aids or assists therein,
shall forfeit to the party
aggrieved the sum of one
thousand pesos, to be recovered
in a proper action,
notwithstanding any colorable
pretense or variation in the
warrant of commitment, and
may also be punished by the
court or judge granting the writ
as for contempt. Sec. 17
When prisoner may be
removed from one A person committed to prison, or
custody to another in custody of an officer, for any
criminal matter, shall not be
removed therefrom into the
custody of another unless by
legal process, or the prisoner be
delivered to an inferior officer to
carry to jail, or, by order of the

26
proper court or judge, be
removed from one place to
another within the Philippines
for trial, or in case of fire
epidemic, insurrection, or other
necessity or public calamity; and
a person who, after such
commitment, makes signs, or
counter-signs any order for such
removal contrary to this section,
shall forfeit to the party
aggrieved the sum of one
thousand pesos, to be recovered
in a proper action. Sec. 18
Record of writ, fees and
costs The proceedings upon a writ of
habeas corpus shall be recorded
by the clerk of the court, and
upon the final disposition of
such proceedings the court or
judge shall make such order as to
costs as the case requires. The
fees of officers and witnesses
shall be included in the costs
taxed, but no officer or person
shall have the right to demand
payment in advance of any fees
to which he is entitled by virtue
of the proceedings. When a
person confined under color of

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proceedings in a criminal case is
discharged, the costs shall be
taxed against the Republic of the
Philippines, and paid out of its
Treasury; when a person in
custody by virtue or under color
of proceedings in 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,
as the court shall direct. Sec. !9
Return of service The officer who executed the final
judgment shall, within three (3)
days from its enforcement, make a
verified return to the court. The
return shall contain a full
statement of the proceedings
under the writ and a complete
inventory of the database or
information, or documents and
articles inspected, updated,
rectified, or deleted, with copies
served on the petitioner and the
respondent.
The officer shall state in the return
how the judgment was enforced
and complied with by the
respondent, as well as all
objections of the parties regarding

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the manner and regularity of the
service of the writ. Sec. 17

Hearing on officers
return The court shall set the return for
hearing with due notice to the
parties and act accordingly. Sec.
18
Appeal
An appeal in habeas corpus
Any party may appeal from the Any party may appeal from the
cases shall be taken within forty-
final judgment or order to the judgment or final order to the
eight (48) hours from notice of
Supreme Court under Rule 45. The Supreme Court under Rule 45.
the judgment or final order
appeal may raise questions of fact The appeal may raise questions of
appealed from. Rule 41, Sec. 3
or law or both. The period of fact or law or both. The period of
appeal shall be five (5) working appeal shall be five (5) work days
days from the date of notice of the from the date of notice of the
adverse judgment. The appeal judgment or final order. The
shall be given the same priority as appeal shall be given the same
in habeas corpus cases (Section priority as habeas corpus and
19). amparo cases. Sec. 19
Archiving and revival of The court shall not dismiss the The court shall not dismiss the
cases petition, but shall archive it, if petition, but shall archive it, if
upon its determination it cannot upon its determination it cannot
proceed for a valid cause such as proceed for a valid cause such as
the failure of petitioner or the failure of petitioner or
witnesses to appear due to threats witnesses to appear due to threats
on their lives. on their lives.
A periodic review of the archived A periodic review of the archived
cases shall be made by the amparo cases shall be made by the amparo
court that shall, motu proprio or court that shall, motu proprio or
upon motion by any party, order upon motion by any party, order

29
their revival when ready for their revival when ready for
further proceedings. The petition further proceedings. The petition
shall be dismissed with prejudice shall be dismissed with prejudice
upon failure to prosecute the case upon failure to prosecute the case
after the lapse of two (2) years after the lapse of two (2) years
from notice to the petitioner of the from notice to the petitioner of the
order archiving the case. order archiving the case.
The clerks of court shall submit to The clerks of court shall submit to
the Office of the Court the Office of the Court
Administrator a consolidated list Administrator a consolidated list
of archived cases under this Rule of archived cases under this Rule
not later than the first week of not later than the first week of
January of every year. Sec. 20 January of every year. Sec.20
Institution of separate
action The Rule shall not preclude the The filing of a petition for the writ
filing of separate criminal, civil or of habeas data shall not preclude
administrative actions. Sec. 21 the filing of separate criminal,
civil or administrative actions.
Sec. 20
Effect of filing of a
criminal action When a criminal action has been When a criminal action has been
commenced, no separate petition commenced, no separate petition
for the writ shall be filed. The for the writ shall be filed. The
reliefs under the writ shall be reliefs under the writ shall be
available by motion in the criminal available to an aggrieved party by
case.The procedure under the Rule motion in the criminal case. The
shall govern the disposition of the procedure under the Rule shall
reliefs available under the writ of govern the disposition of the
amparo. Sec. 22 reliefs available under the writ of
habeas data. Sec. 22
Consolidation When a criminal action is filed When a criminal action is filed

30
subsequent to the filing of a subsequent to the filing of a
petition for the writ, the latter shall petition for the writ, the latter
be consolidated with the criminal shall be consolidated with the
action. criminal action. When a criminal
When a criminal action and a action and a separate civil action
separate civil action are filed are filed subsequent to a petition
subsequent to a petition for a writ for a writ of habeas data, the
of amparo, the latter shall be petition shall be consolidated with
consolidated with the criminal the criminal action. After
action. After consolidation, the consolidation, the procedure
procedure under this Rule shall under the Rule shall continue to
continue to apply to the disposition govern the disposition of the
of the reliefs in the petition. Sec. reliefs in the petition. Sec.21
23

Substantive rights
The Rule shall not diminish, The Rule shall not diminish,
increase or modify substantive increase or modify substantive
rights recognized and protected by rights. Sec. 23
the Constitution. Sec. 24
Suppletory application The Rules of Court shall apply
of the Rules of Court The Rules of Court shall apply suppletorily insofar as it is not
suppletorily insofar as it is not inconsistent with this Rule Sec. 24
inconsistent with the Rule on the
Writ of Amparo Sec. 25
Applicability to pending
cases The Rule shall govern cases
involving extralegal killings and
enforced disappearances or threats
thereof pending in the trial and
appellate court. Sec. 26

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