COMPARATIVE CHART

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
of his liberty, or by which the
rightful custody of any person is
withheld from the person entitled
thereto. Rule 102, Sec. 1
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Custody of Minors:
A verified petition for a writ of
habeas corpus involving custody
of minors shall be filed with the
Family Court. The writ shall be
enforceable within its judicial
region to which the Family
Court belongs.
Ay 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 shall cover extralegal killings
and enforced disappearances or
threats thereof. The Rule on the
Writ of Amparo, Sec. 1
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. Sec. 1

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

1
 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
(where to file) member thereof in the instances
authorized by law.
(b) Court of First Instance, or a
judge thereof, on any day and at
any time, and returnable before
himself, enforceable only within
his judicial district. Sec. 2
---------------------------------
Custody of Minors:
(a) Family Court; (b) If Family
Court Judge not available, then
regular court but referable to
Family Court afterwards; (c)
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 the Family
Court or regular court when
proper, the writ shall be
returnable before such court or
The petition may be filed on any
day and at any time with 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.
When issued by a Regional Trial
Court or any judge thereof, the
writ shall be returnable before
such court or judge.
2
The petition may be filed with the
Regional Trial Court where the
petitioner or respondent resides,
or that which has jurisdiction over
the place where the data or
information is gathered, collected
or stored, at the option of the
petitioner.
The petition may also be filed
with the Supreme Court or the
Court of Appeals or the
Sandiganbayan when the action
concerns public data files of
government offices. Sec. 3
When the writ is issued by a
Regional Trial Court or any judge
thereof, it shall be returnable
before such court or judge.
judge.
When issued by the Supreme
Court of Court of Appeals, the
writ may be made returnable to a
Family Court or to any regular
court within the region where the
petitioner resides or where the
minor may be found for hearing
and decision on the merits.
Upon return of the writ, the court
shall decide the issue on custody
of minors. The appellate court,
or the member thereof, issuing
the writ shall be furnished a copy
of the decision. Sec. 20
When issued by the
Sandiganbayan or the Court of
Appeals or any of their justices, it
may be returnable before such
court or any justice thereof, or to
any Regional Trial Court of the
place where the threat, act or
omission was committed or any of
its elements occurred.
When issued by the Supreme
Court or any of its justices, it may
be returnable before such Court or
any justice thereof, or before the
Sandiganbayan or the Court of
Appeals or any of their justices, or
to any Regional Trial Court of the
place where the threat, act or
omission was committed or any of
its elements occurred. Sec. 3
3
When issued by the Court of
Appeals or the Sandiganbayan or
any of its justices, it may be
returnable before such court or
any justice thereof, or to any
Regional Trial 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.
When issued by the Supreme
Court or any of its justices, it may
be returnable before such Court or
any justice thereof, or before the
Court of Appeals or the
Sandiganbayan or any of its
justices, or to any Regional Trial
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.
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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Where enforceable If granted by the Supreme Court
or any member thereof, the writ
is enforceable anywhere in the
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.
20
Who may file petition Application for the writ shall be
by petition signed and verified
either by the party for whose
relief it is intended, or by some
person on his behalf. Sec. 3
justice or judge who shall retain a
copy on which to make a return of
service. In case the writ cannot be
served personally on the
respondent, the rules on
substituted service shall apply.
Sec. 8
The writ shall be enforceable
anywhere in the Philippines. Sec. 3
The petition may be filed by the
aggrieved party or by any qualified
person or entity in the following
order:
(a) Any member of the immediate
family, namely: the spouse,
children and parents of the
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court, justice or judge who shall
retain a copy on which to make a
return of service. In case the writ
cannot be served personally on
the respondent, the rules on
substituted service shall apply
Sec. 8
The writ of habeas data shall be
enforceable anywhere in the
Philippines. Sec. 4
Any aggrieved party may file a
petition for the writ of habeas
data. However, in cases of
extralegal killings and enforced
disappearances, the petition may
be filed by:
(a) Any member of the immediate

Grounds (Contents of Application for the writ shall be
the petition) by petition signed and verified
either by the party for whose
relief it is intended, or by some
person on his behalf, and shall
set forth:
(a) That the person in whose
behalf the application is made is
imprisoned or restrained on his
liberty;
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.
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).
The petition shall be signed and
verified and shall allege the
following:
(a) The personal circumstances of
the petitioner;
(b) The name and personal
circumstances of the respondent
responsible for the threat, act or
omission, or, if the name is
unknown or uncertain, the
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family of the aggrieved party,
namely: the spouse, children and
parents; or
(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. Sec. 2
The petition shall be signed and
verified and shall allege the
following:
(a) The personal circumstances of
the petitioner;
(b) The name and personal
circumstances of the respondent
responsible for the threat, act or
omission, or, if the name is
unknown or uncertain, the
 (b) The officer or name of the
person by whom he is so
imprisoned or restrained; or, if
both are unknown or uncertain,
such officer or person may be
described by an assumed
appellation, and the person who
is served with the writ shall be
deemed the person intended;
(c) The place where he is so
imprisoned or restrained, if
known;
(d) A copy of the commitment or
cause of detention of such
person, if it can be procured
without impairing the efficiency
of the remedy; or, if the
imprisonment or restraint is
without any legal authority, such
fact shall appear. Sec. 3
Docket fees
respondent may be described by an
assumed appellation;
(c) The right to life, liberty and
security of the aggrieved party
violated or threatened with
violation by an unlawful act or
omission of the respondent, and
how such threat or violation is
committed with the attendant
circumstances detailed in
supporting affidavits;
(d) The investigation conducted, if
any, specifying the names,
personal circumstances, and
addresses of the investigating
authority or individuals, as well as
the manner and conduct of the
investigation, together with any
report;
(e) The actions and recourses
taken by the petitioner to
determine the fate or whereabouts
of the aggrieved party and the
identity of the person responsible
for the threat, act or omission; and
(f) The relief prayed for the
petition may include a general
prayer for other just and equitable
reliefs. Sec.5
The petitioner shall be exempted
from the payment of the docket
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respondent may be described by
an assumed appellation;
(c) The right to life, liberty and
security of the aggrieved party
violated or threatened with
violation by an unlawful act or
omission of the respondent, and
how such threat or violation is
committed with the attendant
circumstances detailed in
supporting affidavits;
(d) The investigation conducted, if
any, specifying the names,
personal circumstances, and
addresses of the investigating
authority or individuals, as well as
the manner and conduct of the
investigation, together with any
report;
(e) The actions and recourses
taken by the petitioner to
determine the fate or whereabouts
of the aggrieved party and the
identity of the person responsible
for the threat, act or omission; and
(f) The relief prayed for the
petition may include a general
prayer for other just and equitable
reliefs. Sec 5
The petitioner shall be exempted
 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

8
 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

9
 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
whose custody the prisoner is
found shall state, in writing to
the court or judge before whom
the writ is returnable, plainly and
unequivocably:
(a) Whether he has or has not the
party in his custody or power, or
under restraint;
(b) If he has the party in his
custody or power, or under
restraint, the authority and the
true and whole cause thereof, set
forth at large, with a copy of the
writ, order execution, or other
process, if any, upon which the
party is held;
(c) If the party is in his custody
or power or is restrained by him,
and is not produced, particularly
the nature and gravity of the
sickness or infirmity of such
party by reason of which he
cannot, without danger, be
bought before the court or judge;
(d) If he has had the party in his
custody or power, or under
supporting affidavits which shall,
among other things, contain the
following:
(a) The lawful defenses to show
that the respondent did not violate
or threaten with violation the right
to life, liberty and security of the
aggrieved party, through any act or
omission;
(b) The steps or actions taken by
the respondent to determine the
fate or whereabouts of the
aggrieved party and the person or
persons responsible for the threat,
act or omission;
(c) All relevant information in the
possession of the respondent
pertaining to the threat, act or
omission against the aggrieved
party; and
(d) If the respondent is a public
official or employee, the return
shall further state the actions that
have been or will still be taken: (i)
to verify the identity of the
aggrieved party; (ii) to recover and
preserve evidence related to the
death or disappearance of the
person identified in the petition
which may aid in the prosecution
of the person or persons
12
supporting affidavits which shall,
among other things, contain the
following:
(a) The lawful defenses to show
that the respondent did not violate
or threaten with violation the right
to life, liberty and security of the
aggrieved party, through any act
or omission;
(b) The steps or actions taken by
the respondent to determine the
fate or whereabouts of the
aggrieved party and the person or
persons responsible for the threat,
act or omission;
(c) All relevant information in the
possession of the respondent
pertaining to the threat, act or
omission against the aggrieved
party; and
(d) If the respondent is a public
official or employee, the return
shall further state the actions that
have been or will still be taken: (i)
to verify the identity of the
aggrieved party; (ii) to recover
and preserve evidence related to
the death or disappearance of the
person identified in the petition
which may aid in the prosecution
of the person or persons

restraint, and has transferred
such custody or restraint to
another, particularly to whom, at
what time, for what cause, and
by what authority such transfer
was made. Sec. 10
Defenses not pleaded
deemed waived
Prohibited pleadings and
motiong
responsible; (iii) to identify responsible; (iii) to identify
witnesses and obtain statements witnesses and obtain statements
from them concerning the death or from them concerning the death
disappearance; (iv) to determine or disappearance; (iv) to
the cause, manner, location and determine the cause, manner,
time of death or disappearance as location and time of death or
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).
All defenses shall be raised in the
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
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
13

Effect failure to file
return
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
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. 11
In case the respondent fails to file
a return, the court, justice or judge
shall proceed to hear the petition
ex parte Sec. 12
14
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 (Section
13).
In case the respondent fails to file
a return, the court, justice or judge
shall proceed to hear the petition
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.
 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

17
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

19
 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
Judgment
The court shall render judgment
within ten (10) days from the time
the petition is submitted for
decision. If the allegations in the
22
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)
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

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. Sec. 18
evidence, the court shall enjoin
the act complained of, or order the
deletion, destruction, or
rectification of the erroneous data
or information and grant other
relevant reliefs as may be just and
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

23
 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

25
 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

27
 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

28

Hearing on officers
return
Appeal
An appeal in habeas corpus
Any party may appeal from the
cases shall be taken within forty-
final judgment or order to the
eight (48) hours from notice of
Supreme Court under Rule 45. The
the judgment or final order
appeal may raise questions of fact
appealed from. Rule 41, Sec. 3
or law or both. The period of
appeal shall be five (5) working
days from the date of notice of the
adverse judgment. The appeal
shall be given the same priority as
in habeas corpus cases (Section
19).
Archiving and revival of The court shall not dismiss the
cases petition, but shall archive it, if
upon its determination it cannot
proceed for a valid cause such as
the failure of petitioner or
witnesses to appear due to threats
on their lives.
A periodic review of the archived
cases shall be made by the amparo
court that shall, motu proprio or
upon motion by any party, order
29
the manner and regularity of the
service of the writ. Sec. 17
The court shall set the return for
hearing with due notice to the
parties and act accordingly. Sec.
18
Any party may appeal from the
judgment or final order to the
Supreme Court under Rule 45.
The appeal may raise questions of
fact or law or both. The period of
appeal shall be five (5) work days
from the date of notice of the
judgment or final order. The
appeal shall be given the same
priority as habeas corpus and
amparo cases. Sec. 19
The court shall not dismiss the
petition, but shall archive it, if
upon its determination it cannot
proceed for a valid cause such as
the failure of petitioner or
witnesses to appear due to threats
on their lives.
A periodic review of the archived
cases shall be made by the amparo
court that shall, motu proprio or
upon motion by any party, order
 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
petition for the writ, the latter shall
be consolidated with the criminal
action.
When a criminal action and a
separate civil action are filed
subsequent to a petition for a writ
of amparo, the latter shall be
consolidated with the criminal
action. After consolidation, the
procedure under this Rule shall
continue to apply to the disposition
of the reliefs in the petition. Sec.
23
Substantive rights
The Rule shall not diminish,
increase or modify substantive
rights recognized and protected by
the Constitution. Sec. 24
Suppletory application
of the Rules of Court The Rules of Court shall apply
suppletorily insofar as it is not
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
31
subsequent to the filing of a
petition for the writ, the latter
shall be consolidated with the
criminal action. When a criminal
action and a separate civil action
are filed subsequent to a petition
for a writ of habeas data, the
petition shall be consolidated with
the criminal action. After
consolidation, the procedure
under the Rule shall continue to
govern the disposition of the
reliefs in the petition. Sec.21
The Rule shall not diminish,
increase or modify substantive
rights. Sec. 23
The Rules of Court shall apply
suppletorily insofar as it is not
inconsistent with this Rule Sec. 24
32