Judicial Remedies to address extralegal killings ,
enforced disappearance
1.a.) Definition
writ of habeas corpus shall extend to all cases of illegal
confinement or detention by which any person is
deprived of his liberty, or by which the rightful custody of
any person is withheld from the person entitled thereto.
writ of amparo is a remedy available to any person
whose right to life, liberty and security is violated or
threatened with violation by an unlawful act or omission
of a public official or employee, or of a private individual
or entity.
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.
b.)Constitutional provisions relative to habeas corpus
and for the suspension of the privilege of habeas corpus
i. Art. Vlll Sect.5 Paragraph 5 1987Constitution
Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice,
and procedure in all courts, the admission to the practice
of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified
and inexpensive procedure for the speedy disposition of
cases, shall be uniform for all courts of the same grade,
and shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and quasi-
judicial bodies shall remain effective unless disapproved
by the Supreme Court.
ii. Art.lll Sect.13, 1987 constitution
All persons, except those charged with offenses
punishable by reclusion perpetua when evidence of guilt
is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as
may be provided by law. The right to bail shall not be
impaired even when the privilege of the writ of habeas
corpus is suspended. Excessive bail shall not be
required.
iii. Art.lll Sect.15, 1987 Constitution
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The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion when
the public safety requires it.
iv. Art.Vll Sect.18, 1987 Constitution
The President shall be the Commander-in-Chief of all
armed forces of the Philippines and whenever it
becomes necessary, he may call out such armed forces
to prevent or suppress lawless violence, invasion or
rebellion. In case of invasion or rebellion, when the
public safety requires it, he may, for a period not
exceeding sixty days, suspend the privilege of the writ of
habeas corpus or place the Philippines or any part
thereof under martial law. Within forty-eight hours from
the proclamation of martial law or the suspension of the
privilege of the writ of habeas corpus, the President shall
submit a report in person or in writing to the Congress.
The Congress, voting jointly, by a vote of at least a
majority of all its Members in regular or special session,
may revoke such proclamation or suspension, which
revocation shall not be set aside by the President. Upon
the initiative of the President, the Congress may, in the
same manner, extend such proclamation or suspension
for a period to be determined by the Congress, if the
invasion or rebellion shall persist and public safety
requires it.
The Congress, if not in session, shall, within twenty-four
hours following such proclamation or suspension,
convene in accordance with its rules without any need of
a call.
The Supreme Court may review, in an appropriate
proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the
suspension of the privilege of the writ or the extension
thereof, and must promulgate its decision thereon within
thirty days from its filing.
A state of martial law does not suspend the operation of
the Constitution, nor supplant the functioning of the civil
courts or legislative assemblies, nor authorize the
conferment of jurisdiction on military courts and agencies
over civilians where civil courts are able to function, nor
automatically suspend the privilege of the writ.
The suspension of the privilege of the writ shall apply
only to persons judicially charged for rebellion or
offenses inherent in or directly connected with the
invasion.
During the suspension of the privilege of the writ, any
person thus arrested or detained shall be judicially
charged within three days, otherwise he shall be
released.
c.) Rule 102 of the ROC
Habeas Corpus
Section 1. To what habeas corpus extends. — Except
as otherwise expressly provided by law, the writ
of habeas corpus shall extend to all cases of illegal
confinement or detention by which any person is
deprived of his liberty, or by which the rightful custody of
any person is withheld from the person entitled thereto.
Section 2. Who may grant the writ. — The writ
of habeas corpus may be granted by the Supreme
Court, or any member thereof in the instances
authorized by law, and if so granted it shall be
enforceable anywhere in the Philippines, and may be
made returnable before the court or any member
thereof, or before a Court of First Instance, or any judge
thereof for the hearing and decision on the merits. It may
also be granted by a 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.
Section 3. Requisites of application therefor. —
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, and shall set forth:
(a) That the person in whose behalf the
application is made is imprisoned or restrained
on his liberty;
(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.
Section 4. When writ not allowed or discharge
authorized. — If it appears that the person 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
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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.
Section 5. When the writ must be granted and issued.
— A court or judge authorized to 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.
Section 6. 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 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.
Section 7. 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.
Section 8. How writ executed and returned. — The
officer to whom the writ is directed shall convey the
person 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.
Section 9. 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.
Section 10. Contents of return. — When the person to
be produced is imprisoned or restrained by an officer,
the person who makes the return shall state therein, and
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 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.
Section 11. Return to be signed and sworn to. — The
return or statement shall be 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 unless the return
is made and signed by a sworn public officer in his
official capacity.
Section 12. Hearing on return. Adjournments. — When
the writ is returned before 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 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
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any warrant or order of commitment of a court or officer
authorized to commit by law.
Section 13. When the return evidence, and when only a
plea. — If it appears that the prisoner is 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.
Section 14. When person lawfully imprisoned
recommitted, and when let to bail. — If it appears that
the prisoner was lawfully committed, and is 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 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.
Section 15. 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
does not desire to appeal, the prisoner shall be forthwith
released.
Section 16. Penalty for refusing to issue writ, or for
disobeying the same. — A clerk of a court who refuses
to 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.
Section 17. 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 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.
Section 18. When prisoner may be removed from one
custody to another. — A person committed to prison, or
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 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.
Section 19. 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 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.
d.)Scope of the Writ of Habeas Corpus.
A writ of habeas corpus extends to all cases of illegal
confinement or detention in which any person is
deprived of his liberty, or in which the rightful custody of
any person is withheld from the person entitled to it. Its
essential object and purpose is to inquire into all manner
of involuntary restraint and to relieve a person from it if
such restraint is illegal. The singular function of a petition
for habeas corpus is to protect and secure the basic
freedom of physical liberty.
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e.) Instances wherein the Writ of Habeas Corpus cannot
be issued
When writ not allowed or discharge authorized. — If it
appears that the person 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.
f.) Differentiate
Preliminary citation – If the person is detained under
governmental authority and the illegality of his
detention is not patent from the petition for the writ,
the court issues the citation to the government
officer having custody to show cause why
the habeas corpus writ should not issue; and
Peremptory writ – If the cause of the detention
appears to be patently illegal, the court issues
the habeas corpus writ noncompliance with which is
punishable (Lee Yick Hon v. Insular Collector of
Customs, GR L-16779. Mar. 30, 1921, 41 Phil. 548).
g.) Appellate Remedy in Habeas Corpus Remedy
Section 1, Rule 102 of the Rules of Court, the writ
of habeas corpusextends to "all case of illegal
confinement or detention by which any person is
deprived of his liberty, or by which the rightful custody of
any person is withheld from the person entitled thereto."
The remedy of habeas corpus has one objective: to
inquire into the cause of detention of a person,3 and if
found illegal, the court orders the release of the
detainee.4 If, however, the detention is proven lawful,
then the habeas corpus proceedings terminate.5
Section 4, Rule 102 of the Rules of Court provides when
the writ is not allowed:
SEC. 4. When writ not allowed or discharge authorized.
If it appears that the person 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. Nor 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.
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2.Writ of Amparo (AM No. 07-9-12-SC)
a.) Nature and Purpose
Writ of amparo; nature; special proceeding. The remedy
of the Writ ofAmparo is an equitable and extraordinary
remedy to safeguard the right of the people to life, liberty
and security as enshrined in the 1987 Constitution. The
Rule on the Writ of Amparo was issued as an exercise of
the Supreme Court’s power to promulgate rules
concerning the protection and enforcement of
constitutional rights. It aims to address concerns such
as, among others, extrajudicial killings and enforced
disappearances.
b.) Coverage: Protected Case/Grounds
A.Violation of the right to Life, Liberty and Security
B. Threat of Violation
C. Extrajudicial Killings and Enforced Disappearance
c.) Cases beyond the Protective Veil of the Writ of
Amparo
A. Constitutional and Property Rights
B. Right to Travel
C. Curative Substitute
D. Uncertain Grounds and Inexistent Threat
d.) Proceedings under AM 07-9-12-SC
A.M. No. 07-9-12-SC
(25 September 2007)
THE RULE ON THE WRIT OF AMPARO
SECTION 1. Petition. – The petition for a writ of amparo
is a remedy available to any person whose right to life,
liberty and security is violated or threatened with
violation by an unlawful act or omission of a public
official or employee, or of a private individual or entity.
The writ shall cover extralegal killings and enforced
disappearances or threats thereof.
SEC. 2. Who May File. – The petition may be filed by
the aggrieved party or by any qualified person or entity in
the following order:
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a. Any member of the immediate family, namely:
the spouse, children and parents of the
aggrieved party;
b. Any ascendant, descendant or collateral relative
of the aggrieved party within the fourth civil
degree of consanguinity or affinity, in default of
those mentioned in the preceding paragraph; or
c. Any concerned citizen, organization, association
or institution, if there is no known member of the
immediate family or relative of the aggrieved
party.
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.
SEC. 3. Where to File. – 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. The writ shall be
enforceable anywhere in the Philippines.
When issued by a Regional Trial Court or any judge
thereof, the writ shall be returnable before such court or
judge.
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. 4. No Docket Fees. – The petitioner shall be
exempted from the payment of the docket and other
lawful fees when filing the petition. The court, justice or
judge shall docket the petition and act upon it
immediately.
SEC. 5. Contents of Petition. – 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 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. 6. Issuance of the Writ. – Upon the filing of the
petition, the court, justice or judge shall immediately
order the issuance of the writ if on its face it ought to
issue. The clerk of court 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 also set the date and time for summary
hearing of the petition which shall not be later than
seven (7) days from the date of its issuance.
SEC. 7. Penalty for Refusing to Issue or Serve the
Writ. – A clerk of court who refuses to issue the writ after
its allowance, or a deputized person who refuses to
serve the same, shall be punished by the court, justice
or judge for contempt without prejudice to other
disciplinary actions.
SEC. 8. How the Writ is Served. – 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
respondent, the rules on substituted service shall apply.
SEC. 9. Return; Contents. – Within seventy-two (72)
hours after service of the writ, the respondent shall file a
verified written return together with 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
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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 responsible;
iii. to identify witnesses and obtain
statements from them concerning the
death or disappearance;
iv. to determine the cause, manner,
location and time of death or
disappearance as well as any pattern or
practice that may have brought about
the death or disappearance;
v. to identify and apprehend the person or
persons involved in the death or
disappearance; and
vi. to bring the suspected offenders before
a competent court.
The return shall also state other matters relevant to the
investigation, its resolution and the prosecution of the
case.
A general denial of the allegations in the petition shall
not be allowed.
SEC. 10. Defenses not Pleaded Deemed Waived. —
All defenses shall be raised in the return, otherwise, they
shall be deemed waived.
SEC. 11. Prohibited Pleadings and Motions. – The
following pleadings and motions are prohibited:
a. Motion to dismiss;
b. Motion for extension of time to file return,
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. 12. Effect of Failure to File Return. — In case
the respondent fails to file a return, the court, justice or
judge shall proceed to hear the petition ex parte.
SEC. 13. Summary Hearing. — The hearing on the
petition shall be summary. However, the court, justice or
judge may call for a preliminary conference to simplify
the issues and determine the possibility of obtaining
stipulations and admissions from the parties.
The hearing shall be from day to day until completed and
given the same priority as petitions for habeas corpus.
SEC. 14. 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
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 shall be supported by
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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 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 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. 15. Availability of Interim Reliefs to
Respondent. – Upon verified motion of the 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. 16. Contempt. – The court, justice or judge may
order the respondent who refuses to make a return, or
who makes a false return, or any person who otherwise
disobeys or resists a lawful process or order of the court
to be punished for contempt. The contemnor may be
imprisoned or imposed a fine.
SEC. 17. Burden of Proof and Standard of Diligence
Required. – The parties shall establish their claims by
substantial evidence.
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 respondent public official or employee cannot
invoke the presumption that official duty has been
regularly performed to evade responsibility or liability.
SEC. 18. Judgment. — 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 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. 19. Appeal. – Any party may appeal from the final
judgment or 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) working days from
the date of notice of the adverse judgment.
The appeal shall be given the same priority as in habeas
corpus cases.
SEC. 20. Archiving and Revival of Cases. – The court
shall not dismiss the petition, but shall archive it, if upon
its determination it cannot proceed for a valid cause
8
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 further
proceedings. The petition shall be dismissed with
prejudice upon failure to prosecute the case after the
lapse of two (2) years from notice to the petitioner of the
order archiving the case.
The clerks of court shall submit to the Office of the Court
Administrator a consolidated list of archived cases under
this Rule not later than the first week of January of every
year.
SEC. 21. Institution of Separate Actions. — This Rule
shall not preclude the filing of separate criminal, civil or
administrative actions.
SEC. 22. Effect of Filing of a Criminal Action. – When
a criminal action has been commenced, no separate
petition for the writ shall be filed. The reliefs under the
writ shall be available by motion in the criminal case.
The procedure under this Rule shall govern the
disposition of the reliefs available under the writ of
amparo.
SEC. 23. Consolidation. – When a criminal action is
filed 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. 24. Substantive Rights. — This Rule shall not
diminish, increase or modify substantive rights
recognized and protected by the Constitution.
SEC. 25. Suppletory Application of the Rules of
Court. – The Rules of Court shall apply suppletorily
insofar as it is not inconsistent with this Rule.
SEC. 26. Applicability to Pending Cases. – This Rule
shall govern cases involving extralegal killings and
enforced disappearances or threats thereof pending in
the trial and appellate courts.
SEC. 27. Effectivity. – This Rule shall take effect on
October 24, 2007, following its publication in three (3)
newspapers of general circulation.
e.) interim Reliefs available to the Petitioner
SEC. 14. 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
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 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
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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 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 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.
f.) Interim Reliefs available to the respondent
SEC. 15. Availability of Interim Reliefs to
Respondent. – Upon verified motion of the 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.
g.) Evidentiary Difficulties
SEC. 17. Burden of Proof and Standard of Diligence
Required. – The parties shall establish their claims by
substantial evidence.
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 respondent public official or employee cannot
invoke the presumption that official duty has been
regularly performed to evade responsibility or liability.
h.) Implication of the Doctrine of Command
Responsibility and Presidential immunity in Writ of
Amparo Cases
Command responsibility of the President
Having established the applicability of the doctrine of
command responsibility in amparo proceedings, it must
now be resolved whether the president, as commander-
in-chief of the military, can be held responsible or
accountable for extrajudicial killings and enforced
disappearances. We rule in the affirmative.
To hold someone liable under the doctrine of command
responsibility, the following elements must obtain:
a. the existence of a superior-subordinate
relationship between the accused as superior
and the perpetrator of the crime as his
subordinate;
b. the superior knew or had reason to know that
the crime was about to be or had been
committed; and
c. the superior failed to take the necessary and
reasonable measures to prevent the criminal
acts or punish the perpetrators thereof.
The president, being the commander-in-chief of all
armed forces, necessarily possesses control over the
military that qualifies him as a superior within the
purview of the command responsibility doctrine.
3. Writ of Habeas Data
THE RULE ON THE WRIT OF HABEAS DATA
SECTION 1. Habeas Data. - 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
10
gathering, collecting or storing of data or information
regarding the person, family, home and correspondence
of the aggrieved party.
SEC. 2. Who May File. - 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 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;
or
SEC. 3. Where to File. - 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. 4. Where Returnable; Enforceable. - When the
writ is issued by a Regional Trial Court or any judge
thereof, it shall be returnable before such court or judge.
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.
The writ of habeas data shall be enforceable anywhere
in the Philippines.
Sec. 5. Docket Fees. - No docket and other lawful fees
shall be required from an indigent petitioner. The petition
of the indigent shall be docked and acted upon
immediately, without prejudice to subsequent
submission of proof of indigency not later than fifteen
(15) days from the filing of the petition.
SEC. 6. Petition. - A verified written petition for a writ
of habeas data should contain:
(a) The personal circumstances of the petitioner
and the respondent;
(b) The manner the right to privacy is violated or
threatened and how it affects the right to life,
liberty or security of the aggrieved party;
(c) The actions and recourses taken by the
petitioner to secure the data or information;
(d) The location of the files, registers or
databases, the government office, and the
person in charge, in possession or in control of
the data or information, if known;
(e) The reliefs prayed for, which may include the
updating, rectification, suppression or
destruction of the database or information or
files kept by the respondent.
In case of threats, the relief may include a
prayer for an order enjoining the act complained
of; and
(f) Such other relevant reliefs as are just and
equitable.
SEC. 7. Issuance of the Writ. - Upon the filing of the
petition, the court, justice or judge shall immediately
order the issuance of the writ if on its face it ought to
issue. The clerk of court shall issue the writ under the
seal of the court and cause it to be served within three
(3) days from the 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 serve it.
The writ shall also set the date and time for summary
hearing of the petition which shall not be later than ten
(10) work days from the date of its issuance.
SEC. 8. Penalty for Refusing to Issue or Serve the
Writ. - A clerk of court who refuses to issue the writ after
its allowance, or a deputized person who refuses to
serve the same, shall be punished by the court, justice
or judge for contempt without prejudice to other
disciplinary actions.
SEC. 9. How the Writ is Served. - 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
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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. 10. Return; Contents. - The respondent shall file
a verified written return together with supporting
affidavits within five (5) working days from service of the
writ, which period may be reasonably extended by the
Court for justifiable reasons. The return shall, among
other things, contain the following:
(a) The lawful defenses such as national
security, state secrets, privileged
communications, confidentiality of the source of
information of media and others;
(b) In case of respondent in charge, in
possession or in control of the data or
information subject of the petition;
(i) a disclosure of the data or information
about the petitioner, the nature of such
data or information, and the purpose for
its collection;
(ii) the steps or actions taken by the
respondent to ensure the security and
confidentiality of the data or information;
and,
(iii) the currency and accuracy of the
data or information held; and,
(c) Other allegations relevant to the resolution of
the proceeding.
A general denial of the allegations in the petition shall
not be allowed.
SEC. 11. Contempt. - The court, justice or judge may
punish with imprisonment or fine a respondent who
commits contempt by making a false return, or refusing
to make a return; or any person who otherwise disobeys
or resist a lawful process or order of the court.
SEC. 12. When Defenses May be Heard in
Chambers. - A hearing in chambers may be conducted
where the respondent invokes the defense that the
release of the data or information in question shall
compromise national security or state secrets, or when
the data or information cannot be divulged to the public
due to its nature or privileged character.
Sec. 13. Prohibited Pleadings and Motions. - The
following pleadings and motions are prohibited:
(a) Motion to dismiss;
 (b) Motion for extension of time to file return,
opposition, affidavit, position paper and other
pleadings;
(c) Dilatory motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply;
(h) Motion to declare respondent in default;
(i) Intervention;
(j) Memorandum;
(k) Motion for reconsideration of interlocutory
orders or interim relief orders; and
(l) Petition for certiorari, mandamus or
prohibition against any interlocutory order.
SEC. 14. Return; Filing. - 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. 15. Summary Hearing. - The hearing on the
petition shall be summary. However, the court, justice or
judge may call for a preliminary conference to simplify
the issues and determine the possibility of obtaining
stipulations and admissions from the parties.
SEC. 16. Judgment. - 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 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 officers as may be designated by the
court, justice or judge within five (5) working days.
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,
12
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. 18. Hearing on Officer’s Return. - The court shall
set the return for hearing with due notice to the parties
and act accordingly.
SEC. 19. Appeal. - Any party may appeal from the final
judgment or 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) working days from
the date of notice of the judgment or final order.
The appeal shall be given the same priority as in habeas
corpus and amparo cases.
SEC. 20. Institution of Separate Actions. - The filing of
a petition for the writ of habeas data shall not preclude
the filing of separate criminal, civil or administrative
actions.
SEC. 21. Consolidation. - When a criminal action is
filed 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 this Rule shall
continue to govern the disposition of the reliefs in the
petition.
SEC. 22. Effect of Filing of a Criminal Action. - When
a criminal action has been commenced, no separate
petition for the writ shall be filed. The relief under the writ
shall be available to an aggrieved party by motion in the
criminal case.
The procedure under this Rule shall govern the
disposition of the reliefs available under the writ
of habeas data.
SEC. 23. Substantive Rights. - This Rule shall not
diminish, increase or modify substantive rights.
SEC. 24. Suppletory Application of the Rules of
Court. - The Rules of Court shall apply suppletorily
insofar as it is not inconsistent with this Rule.
SEC. 25. Effectivity. - This Rule shall take effect on
February 2, 2008, following its publication in three (3)
newspapers of general circulation.

a.) Nature and Purpose

The writ of habeas data is an independent and summary

remedy designed to protect the image, privacy, honor,
information, and freedom of information of an individual,
and to provide a forum to enforce one’s right to the truth
and to informational privacy. (Manila Electric Co. v. Lim,
G.R. No. 184769, 5 October 2010)

It seeks to protect a person’s right to control information

regarding oneself, particularly in instances in which such
information is being collected through unlawful means in
order to achieve unlawful ends. (Roxas v. Arroyo, G.R.
No. 189155, 7 September 2010)

It must be emphasized that in order for the privilege of

the writ to be granted, there must exist a nexus between
the right to privacy on the one hand, and the right to life,
liberty or security on the other. (Gamboa v. Chan, G.R.
No. 193636, 24 July 2012)

Essentially, habeas data allows families of victims of

enforced disappearance to petition the courts to compel
government and security officials to allow access to
documents about the missing person

b.) Coverage/ Grounds

c.) Proceedings under AM No. 08-1-16-SC

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