Habeas Corpus Amparo
Nature, scope, All cases of illegal confinement and detention which any
function person is deprived of his liberty; or rightful custody of any
person is withheld from the person entitled (102.1)
Actual violation before writ issues. Note Villavicencio v.
Lukban on applicability of the writ in case of constructive
restraint
Limitations May be suspended in cases of invasion or rebellion when
public safety requires it (Consti. Art. III Sec. 15)
Who may file By a petition signed and verified
by the party for whose relief it is intended,
or by some person on his behalf (102.3)
Where filed Granted by:
SC or any member thereof, on any day and at any time
CA or any member thereof in instances authorized by law
RTC or a judge thereof, on any day and at any time,
enforceable only within his judicial district (102.2)
MTC OR FIRST LEVEL COURTS in the absence of RTC judges
in a judicial region (section 35 BP 129)
Where If SC or CA issued, anywhere in the Philippines
enforceable
If granted by the RTC or judge thereof, it is enforceable in
any part of the judicial region (Section 21, BP 129 which
modified the term judicial district in Section 2, Rule 102 into
judicial region) where the judge sits
Where If the one that granted the writ:
returnable Is the SC or CA, or a member thereof, returnable before
such court
or any member thereof
or an RTC
An RTC, or a judge thereof,
returnable before himself (102.2)
Docket Fees upon the final disposition of such proceedings the court or
judge shall make such order as to costs as the case requires
(102.19)
Essential Signed and verified either by the party for whose relief it is
allegations/ intended or by some person on his behalf, setting forth:
Contents of *The person in whose behalf whose the application is made
petition is imprisoned or restrained of his liberty
1|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 v s . W r i t o f A m p a r o v s . H a b e a s D a t a ( f r o m U P L A W B A R O P S )
Habeas Data
Involves right to life, liberty and security violated or
threatened with violation by an unlawful act or omission of
a public official or employee or a private individual or entity
It covers extralegal killings and enforced disappearances or
threats thereof. (RWA Sec.1)
Shall not diminish, increase or modify substantive rights
(RWA Sec. 24)
Petition filed by the aggrieved party or by any qualified
person or entity in the following order:
a. Any member of the immediate family
b. Any ascendant, descendant or collateral relative of the
aggrieved within the 4th civil degree of consanguinity or
affinity
c. Any concerned citizen, organization, association or
institution
Filing by the aggrieved or representative suspends the right
of all others (RWA Sec. 2)
Filed on any day and at any time:
SB, CA, SC, or any justice of such courts
RTC of place where the threat, act, or omission was
committed or any element occurred (RWA Sec. 3)
Writ shall be enforceable anywhere in the Philippines (RWA
Sec. 3)
If the one that granted the writ:
SC 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
any RTC of the place where the threat, act or omission was
committed or any of its elements occurred
The SB or CA or any of their justices, before such court or
any justice thereof, or to any RTC of the place where the
threat, act, or omission was committed or any of its
elements occurred
RTC, returnable before such court or judge (RWA Sec. 3)
NONE absolutely. Petitioner shall be exempted from the
payment of the docket and other lawful fees. Court, justice
or judge shall docket the petition and act upon it
immediately (RWA Sec 4)
Signed and verified and shall allege:
*The personal circumstances of the petitioner
*Name or appellation and circumstances of the respondent
Involves the right to privacy in life, liberty or security of the
aggrieved party and covers extralegal killings and enforced
disappearances (RWD Sec.1)
Shall not diminish, increase or modify substantive rights
(RWD Sec. 23)
Any aggrieved party may file a petition for the WHD
However, in cases of extralegal killings and enforced
disappearances, the petition may be filed by (also
successive):
a. Any member of the immediate family of the aggrieved
b. Any ascendant, descendant or collateral relative of the
aggrieved party within the 4th civil degree of consanguinity
or affinity, (RWD Sec. 2)
Petition may be filed with RTC
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
petitioner
If public data files of government offices, petition shall be
filed with the SC, CA, or SB (RWD Sec. 3)
Writ shall be enforceable anywhere in the Philippines (RWD
Sec. 3)
If issued by:
The SC or any of its justices, before such Court or any justice
thereof, or CA or SB or any of its justices, or the RTC of the
place where the petitioner or respondent resides / has
jurisdiction over the place where the data or information is
gathered, stored or collected
The CA or SB or any of its justices, before such court or any
justice thereof, or the RTC (same with scenario: SC issued
and then returned in RTC)
RTC, returnable before such court or judge (RWD Sec. 4)
None for indigent petitioner
Petition shall be docketed and acted upon immediately,
w/o prejudice to subsequent submission of proof of
indigency not later than 15 days from filing (RWD Sec. 5)
Verified and written petition shall contain:
*Personal circumstances of petitioner and respondent
*Manner the right to privacy is violated or threatened and
its effects
 *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 there’s none (102.3)
When proper Court or judge must, when a petition is presented and it
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 when the court or judge has
examined into the cause of restraint of the prisoner, and is
satisfied that he is unlawfully imprisoned (102.5)
How and who Writ may be served in any province by the (a) sheriff, (b)
serves other proper officer, or (c) or person deputed by the court
or judge
Service is made by leaving the original with the person to
whom it is directed and preserving a copy on which to make
return of service (personal service)
If that person cannot be found, or has not the prisoner in
his custody, service shall be made on any other person
having or exercising such custody (substituted
service)(102.7)
Respondent May or may not be an officer
How executed The officer to whom the writ is directed shall convey the
and returned 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)
When to file On the day specified on the writ
return
2|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 v s . W r i t o f A m p a r o v s . H a b e a s D a t a ( f r o m U P L A W B A R O P S )
*The right to life, liberty, and security violated or
threatened with violation,
*The investigation conducted, if any, plus circumstances of
each
*The actions and recourses taken by the petitioner
*Relief prayed for
*May include a general prayer for other just and equitable
reliefs (RWA Sec. 5)
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
>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
respondent, the rules on substituted service shall apply
(so personally, but if di pede, substituted)
(RWA Sec. 8)
Respondent is a public official or employee
or private individual or entity
Respondent files the return
Within 5 working days after service of the writ
*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)
Upon 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.
>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
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
(so personally, but if di pede, substituted)
(RWD Sec. 9)
A public official or employee
or a private individual or entity engaged in gathering,
collecting or storing data
Respondent files the return
Same with WA
 Contents of When the person to be produced is imprisoned or
return restrained by an officer the person who makes the return
shall state, 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:
*Truth of custody/power over the aggrieved
*If has custody or power, or under restraint, the authority
and the cause thereof, with a copy of the writ, order,
execution or other process, if any upon which the party is
held;
*If the party is in his custody or power, and is not produced,
particularly the nature and gravity of the sickness or
infirmity
*If he has had the party in his custody or power, 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. (102.10)
Formalities of Return or statement shall be signed and sworn to by the
return person who makes it if the prisoner is not produced,
Unless the return is made and signed by a sworn public
officer in his official capacity (102.11)
Penalties CoC who refuses to issue the writ after allowance and
demand,
For refusing to Or a person to whom a writ is directed, who:
issue or serve neglects/refuses to obey or make return of the same
according to the command thereof,
or makes false return,
or upon demand made by or on behalf of the prisoner,
refuses to deliver to the person demanding, within 6 hours
For faulty a true copy of the warrant or order of commitment,
return
shall forfeit to the party aggrieved the sum of P1000,
recoverable in a proper action, and may also be punished
for contempt (102.16)
Is period of
return
extendable?
Is a general Yes. No prohibition in Rule.
denial
allowed?
Defenses not
pleaded
Effect of
failure to file
return
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Within 5 working days after service of the writ, the
respondent shall file a verified written return together with
supporting affidavits which shall, , contain:
*Lawful defenses
*The steps or actions taken to determine the fate or
whereabouts of the aggrieved party
*All relevant information in the possession of the
respondent pertaining to the threat, act or omission against
the aggrieved party
*If the respondent is a public official or employee, the
return shall further state acts:
>To verify identity of aggrieved party
>To recover and preserve evidence
>To identify and collect witness statements
>To determine cause, manner, location, and time of death
or disappearance
>To identify and apprehend persons involved
>Bring suspected offenders before a competent court (RWA
Sec.9)
… the respondent shall file a verified written return
together with supporting affidavits… (RWA Sec. 9)
CoC 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
(RWA Sec. 7)
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 resist a lawful
process or order of the court to be punished for contempt
Contemnor may be imprisoned or imposed a fine (RWA Sec.
16)
No, not even on highly meritorious grounds.
No, by virtue if A.M. No. 07-9-12-SC
If not raised in return deemed waived (RWA Sec 10)
Court or justice shall proceed to hear the petition ex parte
(RWA Sec. 12)
*Lawful defenses such as national security, state secrets,
privileged communications, confidentiality of the source of
information of media etc.
*In case of respondent in charge, in possession or in control
of the data or information subject of the petition:
>A disclosure of the data or information about the
petitioner, the nature of such data or information, and the
purpose for its collection
>The steps or actions taken by the respondent to ensure
the security and confidentiality of the data or information
>The currency and accuracy of the data or information held
*Other allegations relevant to the resolution of the
proceeding (RWD Sec.10)
Respondent shall file a verified written return together with
supporting … (RWD Sec. 10)
COC 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
(RWD Sec. 8)
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 resists a lawful
process or order of the court (RWD Sec. 11)
Yes, by the court, for justifiable reasons (RWD Sec. 10)
No, by virtue of RWD Sec. 10, last sentence.
Court, judge, or justice shall hear the motion ex parte,
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)
 Nature of Summary. However, the court, justice, or judge may call for Summary. With possibility of preliminary conference
Hearing a preliminary conference to simplify the issues and look at similar 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)
priority as petitions for WHC
Date and time 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
of hearing writ
Prohibited Motion to dismiss Same as writ of amparo (RWD Sec. 13)
pleadings Motion for extension of time to file opposition
Affidavit
position paper and other pleadings
Dilatory motion for postponement
Motion for bill of particulars
Counterclaims or cross-claims
Third-party complaint
Reply
Motion to declare respondent in default
Intervention
Memorandum
Motion for reconsideration of interlocutory orders or
interim relief orders
petition for certiorari, mandamus, or prohibition (RWA
Sec.11)
Burden of Preponderance of evidence Establish claims by substantial evidence Substantial evidence required to prove the allegations in
Proof if respondent is a private individual or entity, ordinary the petition (RWD Sec. 16)
diligence
if public official or employee, extraordinary diligence
Presumption Yes. Consonant wit 102.13, stating that if warrant of Public official or employee cannot invoke the presumption
of Official commitment is in pursuance with law, serves as prima facie that official duty has been regularly performed (RWA Sec.
duty cause of restraint 17)
Judgment 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)
Appeals Within 48 hours from notice of the judgment of final order 5 working days from the date of notice of adverse 5 working days from the date of notice of adverse
appealed judgment; Rule 45 filed with the SC judgment; Rule 45 filed with the SC
Consolidation May be consolidated with a criminal action filed May be consolidated with a criminal action filed
of actions subsequent to the petition (RWA Sec. 23) subsequent to the petition (RWD Sec. 21)
Effect of filing No more separate petition shall be filed. Reliefs available Same as WA
criminal by motion in the criminal case (RWA Sec. 22)
action

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