All cases of illegal confinement and detention which any Involves right to life, liberty and security violated or Involves the right to privacy in life, liberty or security of the
 person is deprived of his liberty; or rightful custody of any threatened with violation by an unlawful act or omission of a aggrieved party and covers extralegal killings and enforced
person is withheld from the person entitled (102.1) public official or employee or a private individual or entity disappearances (RWD Sec.1)
Actual violation before writ issues. Note G

    It covers extralegal killings and enforced disappearances or

  on applicability of the writ in case of constructive threats thereof. (RWA Sec.1)
restraint
!  £ay be suspended in cases of invasion or rebellion when Shall not diminish, increase or modify substantive rights Shall not diminish, increase or modify substantive rights
public safety requires it (Consti. Art. III Sec. 15) (RWA Sec. 24) (RWD Sec. 23)
   By a petition signed and verified Petition filed by the  p or by 
  Any  p may file a petition for the WHD
by the p
    p  in the following order: However, in cases of extralegal killings and enforced
or p  
 (102.3) a. Any member of the immediate family disappearances, the petition may be filed by (also
b. Any ascendant, descendant or collateral relative of the successive):
aggrieved within the 4th civil degree of consanguinity or a. Any member of the immediate family of the aggrieved
affinity b. Any ascendant, descendant or collateral relative of the
        aggrieved party within the 4th civil degree of consanguinity or
   affinity, (RWD Sec. 2)
Filing by the aggrieved or representative suspends the right
of all others (RWA Sec. 2)
   [ranted by: Filed on  : Petition may be filed with j 
 or any   thereof, on   "  , or   of such courts p  p  or
 or any   thereof    
 j  of p
   that     p

j  or a  thereof,    
 (RWA Sec. 3)   

, at the option of
enforceable only within his judicial district (102.2) petitioner
£  j  j !

! !j     If public data files of  , petition shall be
  
  (section 35 BP 129) filed with the , , or " (RWD Sec. 3)
  If  or  issued, ?
  
  Writ shall be enforceable anywhere in the Philippines (RWA Writ shall be enforceable anywhere in the Philippines (RWD
  Sec. 3) Sec. 3)
If granted by the j  or judge thereof, it is enforceable in
?
? ?
 (ë  !"#! $ 
    
   ë  
!%  
  
 & where the judge sits
  If the one that granted the writ: If the one that granted the writ: If issued by:
  Is the  or , or a member thereof, returnable before such  or any of its justices: before such court or any justice The  or any of its justices, before such Court or any justice
  thereof, or before the SB or CA or any of their justices, or to thereof, or CA or SB or any of its justices, or the RTC of the
or ?
 thereof any RTC of the place where the threat, act or omission was place where the petitioner or respondent resides / has
or an  committed or any of its elements occurred jurisdiction over the place where the data or information is
An j , or a judge thereof, The " or  or any of their justices, before such court or any gathered, stored or collected

  
 (102.2) justice thereof, or to any RTC of the place where the threat, The  or " or any of its justices, before such court or any
act, or omission was committed or any of its elements justice thereof, or the RTC (same with scenario: SC issued
occurred and then returned in RTC)
j , returnable before such court or judge (RWA Sec. 3) j , returnable before such court or judge (RWD Sec. 4)
#  
   
 of such proceedings the court or 
$ Petitioner shall be exempted from the   

judge shall make such order as to costs as the case requires payment of the docket and other lawful fees. Court, justice Petition shall be docketed and acted upon immediately, w/o
(102.19) or judge shall docket the petition and act upon it prejudice to subsequent submission of proof of indigency not
immediately (RWA Sec 4) later than 15 days from filing (RWD Sec. 5)

 Signed and verified either by the party for whose relief it is Signed and verified and shall allege: Verified and written petition shall contain:
% intended or by some person on his behalf, setting forth: *The personal circumstances of the petitioner *Personal circumstances of petitioner and respondent
  *The person in whose behalf whose the application is made *Name or appellation and circumstances of the respondent *£anner the right to privacy is violated or threatened and its

 is imprisoned or restrained of his liberty *The right to life, liberty, and security violated or threatened effects
c
C o m p a r a t i v e T a b l e _ H a b e a s C o r p u s vs. Wri t of Ampar o vs. Habeas Data(fr om UP LAW BAROPS)
 *Name of the person detaining another or assumed
appellation
*Place where he is imprisoned or restrained of his liberty
*Cause of detention, or allegation that there͛s none (102.3)


 Court or judge must, when a petition is presented and it Upon the filing of the petition, the court, justice, or judge
appears that it ought to issue,
grant the same and then:
>the clerk of court (CoC) 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 (102.5)
Also proper to be issued 
'   p , and is
satisfied that he is unlawfully imprisoned (102.5)
&  & Writ may be served in any province  the (a) sheriff, (b)
 ' other proper officer, or (c) or person deputed by the court or
judge
Service is
  leaving the original with the person to shall retain a copy on which to make a return of service
whom it is directed and preserving a copy on which to make
with violation,
*The investigation conducted, if any, plus circumstances of
each
*The actions and recourses taken by the petitioner
*Relief prayed for
*£ay include a general prayer for other just and equitable
reliefs (RWA Sec. 5)
Upon filing of the petition, the court, justice, or judge shall
shall  
  of the writ if on its face
it ought to issue
>CoC shall issue the writ under the seal of the court; or
>In case of urgent necessity, the justice or the judge may
issue the writ under his or her own hand,
͙and may deputize any officer or person to serve it
The writ shall be served upon the respondent
*by a judicial officer or
*by a person deputized by the 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
*Actions and recourses taken by the petitioner to secure the
data or information
*The location of the files, registers, or databases, the
government office, and the person in charge or control
*The reliefs prayed for
*Such other relevant reliefs as are just and equitable (RWD
Sec. 6)
immediately order the issuance of the writ if on its face it
ought to issue.
>CoC shall issue the writ under the seal of the court and
cause it to be served within 3 days from issuance; or
>In case of urgent necessity, the justice or judge may issue
the writ under his or her own hand, and may deputize any
officer or person to serve it (RWD Sec. 7)
The writ shall be served upon the respondent
*by a judicial officer or
*by a person deputized by the court, justice or judge who
In case the writ cannot be served personally on the
return of service (
?
) respondent, the rules on substituted service shall apply respondent, the rules on substituted service shall apply
If that person cannot be found, or has not the prisoner in his (so personally, but if di pede, substituted) (so personally, but if di pede, substituted)
custody, service shall be made on any other person having or (RWA Sec. 8) (RWD Sec. 9)
exercising such custody ()(102.7)
j
 £ay or may not be an officer Respondent is a public official or employee A public official or employee
or private individual or entity or a private individual or entity engaged in gathering,
collecting or storing data
& ( The officer to whom the writ is directed shall convey the Respondent files the return Respondent files the return
   person so imprisoned or restrained before:
the judge allowing the writ,
or, in his absence or disability, before some other judge of
the same court

on the day specified in the writ,

unless person directed to be produced is sick or infirm, and
cannot, without danger, be brought therein

officer shall then make due return of the writ, with the day
and cause of the caption and restraint according to the
command thereof (102.8)
   On the day specified on the writ Within 5 working days after service of the writ Same with WA
 
  When the person to be produced is imprisoned or restrained Within 5 working days after service of the writ, the *Lawful defenses such as national security, state secrets,
  by an officer the person who makes the return shall state, respondent shall file a verified written return together with privileged communications, confidentiality of the source of
and in other cases the person in whose custody the prisoner supporting affidavits which shall, , contain: information of media etc.
is found shall state in writing to the court or judge before *Lawful defenses *In case of respondent in charge, in possession or in control

4
C o m p a r a t i v e T a b l e _ H a b e a s C o r p u s vs. Wri t of Ampar o vs. Habeas Data(fr om UP LAW BAROPS)

 whom the writ is returnable: *The steps or actions taken to determine the fate or of the data or information subject of the petition:
*Truth of custody/power over the aggrieved whereabouts of the aggrieved party >A disclosure of the data or information about the
*If p, or under restraint, the authority *All relevant information in the possession of the respondent petitioner, the nature of such data or information, and the
and the cause thereof, with a copy of the writ, order, pertaining to the threat, act or omission against the purpose for its collection
execution or other process, if any upon which the party is aggrieved party >The steps or actions taken by the respondent to ensure the
held; *If the respondent is a public official or employee, the return security and confidentiality of the data or information
*If the party is in his custody or power, and is p, shall further state acts: >The currency and accuracy of the data or information held
particularly the nature and gravity of the sickness or infirmity >To verify identity of aggrieved party *Other allegations relevant to the resolution of the
*If he has had the party in his custody or power, and has >To recover and preserve evidence proceeding (RWD Sec.10)
 , particularly >To identify and collect witness statements
to whom, at what time, for what cause, and by what >To determine cause, manner, location, and time of death or
authority such transfer was made. (102.10) disappearance
>To identify and apprehend persons involved
>Bring suspected offenders before a competent court (RWA
Sec.9)
   Return or statement shall be signed and sworn to by the ͙ the respondent shall file a verified written return together Respondent shall file a verified written return together with
  person who makes it if the prisoner is not produced, with supporting affidavits͙ (RWA Sec. 9) supporting ͙ (RWD Sec. 10)
Unless the return is made and signed by a sworn public
officer in his official capacity (102.11)
) CoC who refuses to issue the writ after allowance and CoC who refuses to issue the writ after its allowance, or COC who refuses to issue the writ after its allowance, or
demand, a deputized person who refuses to serve the same, a deputized person who refuses to serve the same,
   Or a person to whom a writ is directed, who:
   ' neglects/refuses to obey or make return of the same shall be punished by the court, justice or judge for contempt shall be punished by the court, justice, or judge for contempt
according to the command thereof, without prejudice to other disciplinary actions (RWA Sec. 7) without prejudice to other disciplinary actions (RWD Sec. 8)
or makes false return,
or upon demand made by or on behalf of the prisoner, The court, justice, or judge may order the respondent who The court, justice, or judge may punish with imprisonment or
refuses to deliver to the person demanding, within 6 hours a refuses to make a return, or who makes a false return, or any fine a respondent who commits contempt by:
  true copy of the warrant or order of commitment, person who otherwise disobeys or resist a lawful process or £aking a false return or
  order of the court to be punished for contempt Refusing to make a return; or
shall forfeit to the party aggrieved the sum of P1000, Contemnor may be imprisoned or imposed a fine (RWA Sec. Any person who otherwise disobeys or resists a lawful
recoverable in a proper action, and may also be punished for 16) process or order of the court (RWD Sec. 11)
contempt (102.16)

   No, not even on highly meritorious grounds. Yes, by the court, for justifiable reasons (RWD Sec. 10)
 
(*
    Yes. No prohibition in Rule. No, by virtue if A.£. No. 07-9-12-SC No, by virtue of RWD Sec. 10, last sentence.

&*
  If not raised in return deemed waived (RWA Sec 10)



  Court or justice shall proceed to hear the petition ex parte Court, judge, or justice shall hear the motion ex parte,
    (RWA Sec. 12) granting the petitioner such reliefs as the petition may
  warrant
Unless the court in its discretion requires the petitioner to
submit evidence (RWD Sec. 14)
   Summary. However, the court, justice, or judge may call for Summary. With possibility of preliminary conference similar
  a preliminary conference to simplify the issues and look at to the writ of amparo (RWD Sec. 14)
possibility of obtaining stipulations and admissions from the Hearing on chambers may be conducted where respondent
parties. invokes the defense of national security or state secrets, or
Hearing shall be from day to day until completed; same the data is of public or privileged character (RWD Sec. 12)

ÿ
C o m p a r a t i v e T a b l e _ H a b e a s C o r p u s vs. Wri t of Ampar o vs. Habeas Data(fr om UP LAW BAROPS)

 priority as petitions for WHC
    As specified in the writ Not later than 7 days from the issuance of the writ Not later than 10 working days from the date of issuance
   writ
)  £otion to dismiss Same as writ of amparo (RWD Sec. 13)

 £otion for extension of time to file opposition

Affidavit
position paper and other pleadings
Dilatory motion for postponement
£otion for bill of particulars
Counterclaims or cross-claims
Third-party complaint
Reply
£otion to declare respondent in default
Intervention
£emorandum
£otion for reconsideration of interlocutory orders or interim
relief orders
petition for certiorari, mandamus, or prohibition (RWA
Sec.11)
"   Preponderance of evidence Establish claims by substantial evidence Substantial evidence required to prove the allegations in the
)  if respondent is a private individual or entity, ordinary petition (RWD Sec. 16)
diligence
if public official or employee, extraordinary diligence
) 
 Yes. Consonant wit 102.13, stating that if warrant of Public official or employee cannot invoke the presumption
  commitment is in pursuance with law, serves as prima facie that official duty has been regularly performed (RWA Sec. 17)
 cause of restraint
+  The court shall render judgment within 10 days from the Within 10 days from the time the petition is submitted for
time the petition is submitted for decision (RWA Sec. 18) decision (RWD Sec. 16)


 Within 48 hours from notice of the judgment of final order 5 working days from the date of notice of adverse judgment; 5 working days from the date of notice of adverse judgment;
appealed Rule 45 filed with the SC Rule 45 filed with the SC
 £ay be consolidated with a criminal action filed subsequent £ay be consolidated with a criminal action filed subsequent
  to the petition (RWA Sec. 23) to the petition (RWD Sec. 21)

   No more separate petition shall be filed. Reliefs available by Same as WA
   motion in the criminal case (RWA Sec. 22)


è
C o m p a r a t i v e T a b l e _ H a b e a s C o r p u s vs. Wri t of Ampar o vs. Habeas Data(fr om UP LAW BAROPS)