THE RULE ON THE WRIT OF HABEAS CORPUS Sec. 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. Sec. 2. ho may grant the writ. - The writ of habeas corpus may be granted by the Supreme !ourt, or any member thereof, on any day and at any time, or by the !ourt of "ppeals or any member thereof in the instances authori#ed by law, and if so granted it shall be enforceable anywhere in the $hilippines, and may be made returnable before the court or any member thereof, or before the !ourt of %irst &nstance, or any 'udge thereof for the hearing and decision on the merits. &t may also be granted by a !ourt of %irst &nstance, or a 'udge thereof, on any day and at any time, and returnable before himself, enforceable only within his 'udicial district. Sec. (. )e*uisites of application therefor. - "pplication 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 of his liberty. ,b- The officer or name of the person by whom he is so imprisoned or restrained. or, if both are un/nown 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 /nown. ,d- " 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. 0. hen writ not allowed or discharge authori#ed. - &f 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 'udge or by virtue of a 'udgment or order of a court of record, and that the court or 'udge had 'urisdiction to issue the process, render the 'udgment, or ma/e the order, the writ shall not be allowed. or if the 'urisdiction appears after the writ is allowed, the person shall not be discharged by reason of any informality or defect in the process, 'udgment, or order. 1or shall anything in this rule be held to authori#e the discharge of a person charged with or convicted of an offense in the $hilippines, or of a person suffering imprisonment under lawful 'udgment. Sec. 2. hen the writ must be granted and issued. - " court or 'udge authori#ed 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 cler/ of the court shall issue the writ under the seal of the court. or in case of emergency, the 'udge may issue the writ under his own hand, and may depute any officer or person to serve it. Sec. 3. To whom writ directed, and what to re*uire. - &n 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 'udge designated in the writ at the time and place therein specified. &n case of imprisonment or restraint by a person not an officer, the writ shall be

directed to an officer, and shall command him to ta/e and have the body of the person restrained of his liberty before the court or 'udge 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 'udge to show the cause of the imprisonment or restraint.

Sec. 4. 5ow prisoner designated and writ served. - The person to be produced should be designated in the writ by his name, if /nown, but if his name is not /nown 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 'udge. 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 ma/e return of service. &f 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. 6. 5ow 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 'udge allowing the writ, or, in case of his absence or disability, before some other 'udge of the same court, on the day specified in the writ, unless, from sic/ness or infirmity of the person directed to be produced, such person cannot, without danger, be brought before the court or 'udge. and the officer shall ma/e 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. 7. 8efect of form. - 1o 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 'udge before whom he is to be brought. Sec. 19. !ontents of return. - hen the person to be produced is imprisoned or restrained by an officer, the person who ma/es 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 'udge before whom the writ is returnable, plainly and une*uivocably+ ,ahether he has or has not the party in his custody or power, or under restraint.

,b- &f 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- &f the party is in his custody or power or is restrained by him, and is not produced, particularly the nature and gravity of the sic/ness or infirmity of such party by reason of which he cannot, without danger, be brought before the court or 'udge. ,d- &f 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. Sec. 11. )eturn to be signed and sworn to. - The return or statement shall be signed by the person who ma/es it. and shall also be sworn to 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.

Sec. 12. 5earing on return. "d'ournments. - hen the writ is returned before one 'udge, at a time when the court is in session, he may forthwith ad'ourn the case into the court, there to be heard and determined. The court or 'udge before whom the writ is returned or ad'ourned 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 ad'ourned, in which event the court or 'udge shall ma/e such order for the safe/eeping of the person imprisoned or restrained as the nature of the case re*uires. &f the person imprisoned or restrained is not produced because of his alleged sic/ness or infirmity, the court or 'udge 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. :n the hearing the court or 'udge shall disregard matters of form and technicalities in respect to any warrant or order of commitment of a court or officer authori#ed to commit by law. Sec. 1(. hen the return evidence, and when only a plea. - &f 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. Sec. 10. hen person lawfully imprisoned recommitted, and when let to bail. - &f 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. &f 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 'udge. &f he be admitted to bail, he shall forthwith file a bond in such sum as the court or 'udge 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 cogni#able to abide its order or 'udgment. and the court or 'udge shall certify the proceedings, together with the bond, forthwith to the proper court. &f such bond is not so filed, the prisoner shall be recommitted to confinement. Sec. 12. hen prisoner discharged if no appeal. - hen the court or 'udge 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. &f the officer or person detaining the prisoner does not desire to appeal, the prisoner shall be forthwith released. chan robles virtual law library Sec. 13. $enalty for refusing to issue writ, or for disobeying the same. - " cler/ 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 ma/e return of the same according to the command thereof, or ma/es false return thereof, or who, upon demand made by or on behalf of the prisoner, refuses to deliver to the person demanding, within six ,3- 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 recovered in a proper action, and may also be punished by the court or 'udge as for contempt. Sec. 14. $erson discharged not to be again imprisoned. - " 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 'urisdiction of the cause or offense. and a person who /nowingly, 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 /nowingly 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 'udge granting writ as for contempt. Sec. 16. hen prisoner may be removed from one custody to another. - " person committed to prison, or in custody of an officer, for any criminal matter, shall not be removed therefrom into the custody of another officer unless by legal process, or the prisoner be delivered to an inferior officer to carry to 'ail, or, by order of the proper court or 'udge, be removed from one place to another within the $hilippines for trial, or in case of fire, epidemic, insurrection, or other necessity or public calamity. and a person who, after such commitment, ma/es, signs, or countersigns 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. 17. )ecord of writ, fees and costs. - The proceedings upon a writ of habeas corpus shall be recorded by the cler/ of the court, and upon the final disposition of such proceedings the court or 'udge shall ma/e such order as to costs as the case re*uires. 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. hen a person confined under color of proceedings in a criminal case is discharged, the costs shall be taxed against the )epublic of the $hilippines, 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. THE RULE ON THE WRIT OF HABEAS DATA Section 1. 5abeas 8ata. - 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. 2. ho ;ay %ile. - "ny aggrieved party may file a petition for the writ of habeas data. 5owever, in cases of extralegal /illings and enforced disappearances, the petition may be filed by+ ,a- "ny member of the immediate family of the aggrieved party, namely+ the spouse, children and parents. or ,b- "ny 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. (. here to %ile. - The petition may be filed with the )egional Trial !ourt where the petitioner or respondent resides, or that which has 'urisdiction 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 !ourt or the !ourt of "ppeals or the Sandiganbayan when the action concerns public data files of government offices.

Sec. 0. here )eturnable. Enforceable. - hen the writ is issued by a )egional Trial !ourt or any 'udge thereof, it shall be returnable before such court or 'udge. hen issued by the !ourt of "ppeals or the Sandiganbayan or any of its 'ustices, it may be returnable before such court or any 'ustice thereof, or to any )egional Trial !ourt of the place where the petitioner or respondent resides, or that which has 'urisdiction over the place where the data or information is gathered, collected or stored. hen issued by the Supreme !ourt or any of its 'ustices, it may be returnable before such !ourt or any 'ustice thereof, or before the !ourt of "ppeals or the Sandiganbayan or any of its 'ustices, or to any )egional Trial !ourt of the place where the petitioner or respondent resides, or that which has 'urisdiction over the place where the data or information is gathered, collected or stored. The writ of habeas data shall be enforceable anywhere in the $hilippines. Sec. 2. 8oc/et %ees. - 1o doc/et and other lawful fees shall be re*uired from an indigent petitioner. The petition of the indigent shall be doc/ed and acted upon immediately, without pre'udice to subse*uent submission of proof of indigency not later than fifteen ,12- days from the filing of the petition. Sec. 3. $etition. - " 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. chanrobles virtual law library ,c- The actions and recourses ta/en by the petitioner to secure the data or information.

punished by the court, 'ustice or 'udge for contempt without pre'udice to other disciplinary actions. Sec. 7. 5ow the rit is Served. - The writ shall be served upon the respondent by a 'udicial officer or by a person deputi#ed by the court, 'ustice or 'udge who shall retain a copy on which to ma/e a return of service. &n case the writ cannot be served personally on the respondent, the rules on substituted service shall apply.

Sec. 19. )eturn. !ontents. - The respondent shall file a verified written return together with supporting affidavits within five ,2- wor/ing days from service of the writ, which period may be reasonably extended by the !ourt for 'ustifiable 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- &n case of respondent in charge, in possession or in control of the data or information sub'ect 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 ta/en 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- :ther allegations relevant to the resolution of the proceeding.

,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 /nown. ,e- The reliefs prayed for, which may include the updating, rectification, suppression or destruction of the database or information or files /ept by the respondent. &n case of threats, the relief may include a prayer for an order en'oining the act complained of. and ,f- Such other relevant reliefs as are 'ust and e*uitable. Sec. 4. &ssuance of the rit. - <pon the filing of the petition, the court, 'ustice or 'udge shall immediately order the issuance of the writ if on its face it ought to issue. The cler/ of court shall issue the writ under the seal of the court and cause it to be served within three ,(- days from the issuance. or, in case of urgent necessity, the 'ustice or 'udge may issue the writ under his or her own hand, and may deputi#e 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 ,19- wor/ days from the date of its issuance. Sec. 6. $enalty for )efusing to &ssue or Serve the rit. - " cler/ of court who refuses to issue the writ after its allowance, or a deputi#ed person who refuses to serve the same, shall be

" general denial of the allegations in the petition shall not be allowed. Sec. 11. !ontempt. - The court, 'ustice or 'udge may punish with imprisonment or fine a respondent who commits contempt by ma/ing a false return, or refusing to ma/e a return. or any person who otherwise disobeys or resist a lawful process or order of the court. Sec. 12. hen 8efenses ;ay be 5eard in !hambers. - " hearing in chambers may be conducted where the respondent invo/es the defense that the release of the data or information in *uestion 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. 1(. $rohibited $leadings and ;otions. - The following pleadings and motions are prohibited+ ,a- ;otion to dismiss. ,b- ;otion for extension of time to file return, opposition, affidavit, position paper and other pleadings. chanrobles virtual law library ,c- 8ilatory motion for postponement. ,d- ;otion for a bill of particulars. ,e- !ounterclaim or cross-claim. ,f- Third-party complaint.

,g- )eply. ,h- ;otion to declare respondent in default. ,i- &ntervention. ,'- ;emorandum. ,/- ;otion for reconsideration of interlocutory orders or interim relief orders. and ,l- $etition for certiorari, mandamus or prohibition against any interlocutory order. Sec. 10. )eturn. %iling. - &n case the respondent fails to file a return, the court, 'ustice or 'udge shall proceed to hear the petition ex parte, granting the petitioner such relief as the petition may warrant unless the court in its discretion re*uires the petitioner to submit evidence. Sec. 12. Summary 5earing. - The hearing on the petition shall be summary. 5owever, the court, 'ustice or 'udge may call for a preliminary conference to simplify the issues and determine the possibility of obtaining stipulations and admissions from the parties. Sec. 13. =udgment. - The court shall render 'udgment within ten ,19- days from the time the petition is submitted for decision. &f the allegations in the petition are proven by substantial evidence, the court shall en'oin 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 'ust and e*uitable. otherwise, the privilege of the writ shall be denied. <pon its finality, the 'udgment shall be enforced by the sheriff or any lawful officers as may be designated by the court, 'ustice or 'udge within five ,2- wor/ing days. Sec. 14. )eturn of Service. - The officer who executed the final 'udgment shall, within three ,(days from its enforcement, ma/e 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 'udgment was enforced and complied with by the respondent, as well as all ob'ections of the parties regarding the manner and regularity of the service of the writ. Sec. 16. 5earing on :fficer-s )eturn. - The court shall set the return for hearing with due notice to the parties and act accordingly. Sec. 17. "ppeal. - "ny party may appeal from the final 'udgment or order to the Supreme !ourt under )ule 02. The appeal may raise *uestions of fact or law or both. The period of appeal shall be five ,2- wor/ing days from the date of notice of the 'udgment or final order. The appeal shall be given the same priority as in habeas corpus and amparo cases. Sec. 29. &nstitution of Separate "ctions. - 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. !onsolidation. - hen a criminal action is filed subse*uent to the filing of a petition for the writ, the latter shall be consolidated with the criminal action. hen a criminal action and a separate civil action are filed subse*uent to a petition for a writ of habeas data, the petition shall be consolidated with the criminal action.

"fter consolidation, the procedure under this )ule shall continue to govern the disposition of the reliefs in the petition. Sec. 22. Effect of %iling of a !riminal "ction. - hen 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 )ule shall govern the disposition of the reliefs available under the writ of habeas data. Sec. 2(. Substantive )ights. - This )ule shall not diminish, increase or modify substantive rights. Sec. 20. Suppletory "pplication of the )ules of !ourt. - The )ules of !ourt shall apply suppletorily insofar as it is not inconsistent with this )ule. Sec. 22. Effectivity. - This )ule shall ta/e effect on %ebruary 2, 2996, following its publication in three ,(- newspapers of general circulation. THE RULE ON THE WRIT OF AMPARO Section 1. $etition. - 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 /illings and enforced disappearances or threats thereof. Sec. 2. ho ;ay %ile. - The petition may be filed by the aggrieved party or by any *ualified person or entity in the following order+ 1. "ny member of the immediate family, namely+ the spouse, children and parents of the aggrieved party. 2. "ny 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 (. "ny concerned citi#en, organi#ation, association or institution, if there is no /nown 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 authori#ed parties to file similar petitions. >i/ewise, the filing of the petition by an authori#ed party on behalf of the aggrieved party suspends the right of all others, observing the order established herein. Sec. (. here to %ile. - The petition may be filed on any day and at any time with the )egional Trial !ourt of the place where the threat, act or omission was committed or any of its elements occurred, or with the Sandiganbayan, the !ourt of "ppeals, the Supreme !ourt, or any 'ustice of such courts. The writ shall be enforceable anywhere in the $hilippines. hen issued by a )egional Trial !ourt or any 'udge thereof, the writ shall be returnable before such court or 'udge.

hen issued by the Sandiganbayan or the !ourt of "ppeals or any of their 'ustices, it may be returnable before such court or any 'ustice thereof, or to any )egional Trial !ourt of the place where the threat, act or omission was committed or any of its elements occurred. hen issued by the Supreme !ourt or any of its 'ustices, it may be returnable before such !ourt or any 'ustice thereof, or before the Sandiganbayan or the !ourt of "ppeals or any of their 'ustices, or to any )egional Trial !ourt of the place where the threat, act or omission was committed or any of its elements occurred. Sec. 0. 1o 8oc/et %ees. - The petitioner shall be exempted from the payment of the doc/et and other lawful fees when filing the petition. The court, 'ustice or 'udge shall doc/et the petition and act upon it immediately. Sec. 2. !ontents of $etition. - The petition shall be signed and verified and shall allege the following+ 1. The personal circumstances of the petitioner. 2. The name and personal circumstances of the respondent responsible for the threat, act or omission, or, if the name is un/nown or uncertain, the respondent may be described by an assumed appellation. (. 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. 0. 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. 2. The actions and recourses ta/en 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 3. The relief prayed for. The petition may include a general prayer for other 'ust and e*uitable reliefs. Sec. 3. &ssuance of the rit. - <pon the filing of the petition, the court, 'ustice or 'udge shall immediately order the issuance of the writ if on its face it ought to issue. The cler/ of court shall issue the writ under the seal of the court. or in case of urgent necessity, the 'ustice or the 'udge may issue the writ under his or her own hand, and may deputi#e 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 ,4- days from the date of its issuance. Sec. 4. $enalty for )efusing to &ssue or Serve the rit. - " cler/ of court who refuses to issue the writ after its allowance, or a deputi#ed person who refuses to serve the same, shall be punished by the court, 'ustice or 'udge for contempt without pre'udice to other disciplinary actions. Sec. 6. 5ow the rit is Served. - The writ shall be served upon the respondent by a 'udicial officer or by a person deputi#ed by the court, 'ustice or 'udge who shall retain a copy on which to

ma/e a return of service. &n case the writ cannot be served personally on the respondent, the rules on substituted service shall apply. Sec. 7. )eturn. !ontents. - ithin seventy-two ,42- 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+ 1. 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. 2. The steps or actions ta/en 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. (. "ll relevant information in the possession of the respondent pertaining to the threat, act or omission against the aggrieved party. and 0. &f the respondent is a public official or employee, the return shall further state the actions that have been or will still be ta/en+ 1. to verify the identity of the aggrieved party. 2. 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. (. to identify witnesses and obtain statements from them concerning the death or disappearance. 0. 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. 2. to identify and apprehend the person or persons involved in the death or disappearance. and 3. 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. " general denial of the allegations in the petition shall not be allowed. Sec. 19. 8efenses not $leaded 8eemed otherwise, they shall be deemed waived. aived. - "ll defenses shall be raised in the return,

Sec. 11. $rohibited $leadings and ;otions. - The following pleadings and motions are prohibited+ 1. ;otion to dismiss. 2. ;otion for extension of time to file return, opposition, affidavit, position paper and other pleadings. (. 8ilatory motion for postponement. 0. ;otion for a bill of particulars. 2. !ounterclaim or cross-claim. 3. Third-party complaint. 4. )eply.

6. ;otion to declare respondent in default. 7. &ntervention. 19. ;emorandum. 11. ;otion for reconsideration of interlocutory orders or interim relief orders. and 12. $etition for certiorari, mandamus or prohibition against any interlocutory order. Sec. 12. Effect of %ailure to %ile )eturn. - &n case the respondent fails to file a return, the court, 'ustice or 'udge shall proceed to hear the petition ex parte. Sec. 1(. Summary 5earing. - The hearing on the petition shall be summary. 5owever, the court, 'ustice or 'udge 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. 10. &nterim )eliefs. - <pon filing of the petition or at anytime before final 'udgment, the court, 'ustice or 'udge may grant any of the following reliefs+ ,a- Temporary $rotection :rder. - The court, 'ustice or 'udge, 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 /eeping and securing their safety. &f the petitioner is an organi#ation, association or institution referred to in Section (,c- of this )ule, the protection may be extended to the officers involved. The Supreme !ourt 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, 'ustice or 'udge. ,b- &nspection :rder. - The court, 'ustice or 'udge, 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 ob'ect or operation thereon. The motion shall state in detail the place or places to be inspected. &t shall be supported by affidavits or testimonies of witnesses having personal /nowledge of the enforced disappearance or whereabouts of the aggrieved party. &f the motion is opposed on the ground of national security or of the privileged nature of the information, the court, 'ustice or 'udge 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 authori#ed to ma/e the inspection and the date, time, place and manner of ma/ing the inspection and may prescribe other conditions to protect the constitutional rights of all parties. The order shall expire five ,2- days after the date of its issuance, unless extended for 'ustifiable reasons.

,c- $roduction :rder. - The court, 'ustice or 'udge, upon verified motion and after due hearing, may order any person in possession, custody or control of any designated documents, papers, boo/s, accounts, letters, photographs, ob'ects or tangible things, or ob'ects in digiti#ed 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, 'ustice or 'udge may conduct a hearing in chambers to determine the merit of the opposition. The court, 'ustice or 'udge shall prescribe other conditions to protect the constitutional rights of all the parties. ,d- itness $rotection :rder. - The court, 'ustice or 'udge, upon motion or motu proprio, may refer the witnesses to the 8epartment of =ustice for admission to the itness $rotection, Security and ?enefit $rogram, pursuant to )epublic "ct 1o. 3761. The court, 'ustice or 'udge may also refer the witnesses to other government agencies, or to accredited persons or private institutions capable of /eeping and securing their safety. Sec. 12. "vailability of &nterim )eliefs to )espondent. - <pon verified motion of the respondent and after due hearing, the court, 'ustice or 'udge may issue an inspection order or production order under paragraphs ,b- and ,c- of the preceding section. " motion for inspection order under this section shall be supported by affidavits or testimonies of witnesses having personal /nowledge of the defenses of the respondent. Sec. 13. !ontempt. - The court, 'ustice or 'udge may order the respondent who refuses to ma/e a return, or who ma/es 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. 14. ?urden of $roof and Standard of 8iligence )e*uired. - The parties shall establish their claims by substantial evidence. The respondent who is a private individual or entity must prove that ordinary diligence as re*uired 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 re*uired by applicable laws, rules and regulations was observed in the performance of duty. The respondent public official or employee cannot invo/e the presumption that official duty has been regularly performed to evade responsibility or liability. Sec. 16. =udgment. - The court shall render 'udgment within ten ,19- days from the time the petition is submitted for decision. &f 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. 17. "ppeal. - "ny party may appeal from the final 'udgment or order to the Supreme !ourt under )ule 02. The appeal may raise *uestions of fact or law or both.

The period of appeal shall be five ,2- wor/ing days from the date of notice of the adverse 'udgment. The appeal shall be given the same priority as in habeas corpus cases. Sec. 29. "rchiving and )evival of !ases. - 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. " 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 pre'udice 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 cler/s of court shall submit to the :ffice of the !ourt "dministrator a consolidated list of archived cases under this )ule not later than the first wee/ of =anuary of every year. Sec. 21. &nstitution of Separate "ctions. - This )ule shall not preclude the filing of separate criminal, civil or administrative actions. Sec. 22. Effect of %iling of a !riminal "ction. - hen 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 )ule shall govern the disposition of the reliefs available under the writ of amparo. Sec. 2(. !onsolidation. - hen a criminal action is filed subse*uent to the filing of a petition for the writ, the latter shall be consolidated with the criminal action. hen a criminal action and a separate civil action are filed subse*uent to a petition for a writ of amparo, the latter shall be consolidated with the criminal action. "fter consolidation, the procedure under this )ule shall continue to apply to the disposition of the reliefs in the petition. Sec. 20. Substantive )ights. - This )ule shall not diminish, increase or modify substantive rights recogni#ed and protected by the !onstitution. Sec. 22. Suppletory "pplication of the )ules of !ourt. - The )ules of !ourt shall apply suppletorily insofar as it is not inconsistent with this )ule. Sec. 23. "pplicability to $ending !ases. - This )ule shall govern cases involving extralegal /illings and enforced disappearances or threats thereof pending in the trial and appellate courts. Sec. 24. Effectivity. - This )ule shall ta/e effect on :ctober 20, 2994, following its publication in three ,(- newspapers of general circulation.