Supreme Courts Writs Issuances

Lesson 2.
5 Supreme Courts Writs Issuances
SUPREME COURTS WRITS

ISSUANCES
Criminal Investigation Course

Lesson 2.5Supreme Courts Writs Issuances
Outline of Presentation
• What is Writ of Habeas Corpus?

• What is Writ of Amparo?
• What is Writ of Habeas Data?
• What is Writ of Kalikasan?

Lesson 2.5 Supreme courts writs Issuances
INTRODUCTION
The Supreme Court Writs Issuances will

give thorough information and procedures to
police officers and investigators. It also give all the
necessary facts, procedures and details on
handling Habeas Corpus, Writ of Amparo, Habeas
Data and Writ of Kalikasan cases.

Lesson 2.5 Supreme courts writs Issuances
INTRODUCTION
These cases are so “sensitive” because

it involves human rights violations.
Mishandling of such cases by investigators
will trigger negative perception of the public
on the police organization.

Lesson 2.5 Supreme Courts Writs Issuances
LEARNING OBJECTIVES
Define and discuss the following:
• Writ of Habeas Corpus

• Writ of Amparo
• Writ of Habeas Data
• Writ of Kalikasan

LEARNING GOAL
This lesson aims to provide the

students with knowledge and
understanding of the different kinds of
writs and their application.

Writ of Habeas Corpus
Is a summon with the force of a

court order, addressed to the custodian
demanding that a prisoner be taken before
the court.

Requisites of Application
1. That the person in whose behalf the

application is made is imprisoned or
restrained of his liberty;
2. The officer or name of the person by whom

he is so imprisoned or restrained;

Requisites of Application
3. Place where he is so imprisoned or

restrained, if known; and
4. Copy of the commitment or cause of

detention of such person.

Limitations
The person alleged to be restrained of his
liberty is in the custody of an officer under process
issued by a court; 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.

Person/Entity to Issue/Grant
the Writ
A court or judge authorized to grant the
writ must, when a petition therefore 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

Person/Entity to Issue/Grant
the Writ
In case of emergency, the judge may

issue the writ under his own hand, and may
depute any officer or person to serve it.

To Whom Writ Directed, and to

Require
In case of imprisonment /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.

To Whom Writ Directed, and to

Require
In case of imprisonment /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.

Defect of Form
• No writ of Habeas Corpus can be

disobeyed for defect of form, if it
sufficiently appears there from 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
brought.

Instances which the Contents of

Returned Applicable
1. Whether he has or has not the party in his

custody or power, or under restraint;


Returned Applicable
2. 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;


Returned Applicable
3. 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
brought before the court or judge; and


Returned Applicable
4. 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.

Return to be Sign and Sworn to
The return or statement shall be signed

by the person who makes 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.

Writ of Amparo
The Writ of Amparo which means

“protection” and is Mexican origin.
Criminal Investigation Course (CIC)

Writ of Amparo
It 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 a
PRIVATE INDIVIDUAL or ENTITY

Who May Avail of the Remedy?
1. Any member of the immediate family;

2. Any ascendant, descendant or collateral relative
of the aggrieved party within the fourth civil
degree of consanguinity or affinity; or
3. Any concerned citizen, organization, association
or institution, if there is no known member of the
immediate family or relative of the aggrieved party.

Where and When can the Petition

be Filed?
• Regional Trial Court (RTC);

• Sandiganbayan;
• Court of Appeals;
• Supreme Court;
• any of the JUSTICES of the Sandiganbayan,
Court of Appeal or Supreme Court

Court Fee for Filing a Petition
A petition for a Writ of Amparo is

EXEMPT from the payment of the docket
and other lawful fees. (Sec. 4, Amparo
Rule)

Contents of Petition for Writ of

Amparo
The petition must be:

• signed, and
• verified by the petitioner.

Actions of Court ,Justice or Judge

Do Upon Filing of the Petition
1. The clerk of court; and
2. 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.
Note: Within 72 hours after the service

of the writ, the respondent/s shall
submit a verified written return.

Return of the Writ be Submitted

• When issued by the RTC or any judge thereof,
the writ shall be returnable before such court or
judge.
• When issued by the Sandiganbayan or the CA.
• When issued by the SC or any of its justices,
CA or any of their justices,

The Respondent Fails to Submit a

Return
The respondent/s who refuses to

make a return, or who makes a false
return, shall be punished for contempt,
imprisoned or imposed a fine.

Application of Appeal
Any party may appeal from the final

judgment or order to the Supreme Court
under Rule 45 within 5 working days from
the date of notice .

Habeas Data
It 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.

Supreme Court’s Basis
The Rule was drafted pursuant to the

Supreme Court’s constitutional power to
promulgate rules for the protection and
enforcement of constitutional rights
(Constitution, Art. VIII, Sec. 5(5).

Filing of Petition by:
1. Any member of the immediate family of

the aggrieved party;
2. Any ascendant, descendant or collateral

relative of the aggrieved party within the
fourth civil degree of consanguinity or affinity;

Place for Filing of Petition
1. Regional Trial Court

2. Supreme Court
3. Court of Appeals
4. Sandiganbayan

Note
No docket and other lawful fees shall be
required from an indigent petitioner. The
petition of the indigent shall be docketed and
acted upon immediately, without prejudice to
subsequent submission of proof of indigency
not later than 15 days from the filing of the
petition.

Contents of Petition
• Personal circumstances of the petitioner and

the respondent;
• Manner of the right to privacy being violated
or threatened;
• Actions and recourses taken by the
petitioner to secure the data or information;

• Location of files, registers/databases,

government office, person in charge, in
possession/control of the data or
information, if known;
• The reliefs prayed for, which may include the
updating, rectification, suppression or
destruction of the database/information/files
kept by the respondent; and

Contents of the Written Return
• Lawful defenses such as national security,

state secrets, privileged communication,
confidentiality of the source of information of
media and others;
• In case of respondent in charge, in
possession or in control of the data or
information subject of the petition;

• Disclosure of the data or information about

the petitioner, the nature of such data or
information, and the purpose for its
collection;
• Steps or actions taken by the respondent to
ensure the security and confidentiality of the
data or information;

• Currency and accuracy of the data or

information held; and
• Other allegations relevant to the
resolution of the proceeding.

Decision of the Petition

The court shall render judgment
within ten (10) days from the time of the
petition is submitted for decision.

Finality of the Judgment
Upon its finality, the judgment

shall be enforced by the sheriff or any
lawful officer as may be designated
by the court, justice or judge within 5
work days.

Writ of Kalikasan
Protection of our right to a balance and

healthy environment.

Nature of the Writ
Is a remedy available to a natural or juridical

person, entity authorized by law, people’s
organization, non-governmental organization, or
any public interest group accredited by or
registered with any government agency.

Reason Why We Need the

Writ
The lesson of Ondoy and Peping and the
survival issues that surface during the
CONPENHAGEN (Denmark) summit on
climate change are compelling arguments of
shift in our priorities placing the environmental
the center of the development agenda.

Filing of Petition
Any real party in interest, including the

government and juridical entities by law,
may file a civil action involving the
enforcement or violation of any
environmental law.

Citizen Suit
Any Filipino citizen in representation of

others, including minors or authorized
generations yet unborn, may file an action to
enforce rights or obligations under
environmental laws.

• Personal circumstances of the petitioner;
• Name and personal circumstances of the

respondent or if the name and personal
circumstances are unknown and uncertain,
the respondent may be described by an
assumed appellation;

• Environmental law, rule or regulation

violated or threatened to be violated;
• All relevant and material evidence
consisting of the affidavits of witnesses,
documentary evidence, scientific or other
expert studies, and if possible, object
evidence;

• Certification of petitioner under oath that:

a. petitioner has not commenced any action or
filed any claim involving the same issues;
b. if there is such other pending action or claim, a
complete statement of its present status;

c. if petitioner should learn that the same or

similar action or claim has been filed or
is pending, petitioner shall report to the
court that fact within 5 days there from;
and

Filing of the Petition
The petition shall be filed with the

Supreme Court or with any of the
stations of the Court of Appeals.
Note: The petitioner shall be exempt from the

payment of docket.

Issuance of the Writ

Within 3 days from the date of filing of the
petition, if the petition is sufficient in form and
substance, the court shall give an order:
1. issuing the writ; and

2. requiring the respondent to file a verified
return.

Service of Writ
The writ shall be served upon the

respondent by a court officer or any
person deputized by the court, who shall
retain a copy on which to make a return
of service.

Filing of the Verified Return of the

Respondents
Within a non-extendible period of 10 days after
service of the writ, the respondent shall file a verified
return which shall contain all defenses to show that
respondent did not violate or threaten to violate, or
allow the violation of any environmental law, rule or
regulation or commit any act resulting to
environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in
two or more cities or provinces.

Prohibited Pleadings and Motions
1. Motion to dismiss;
2. Motion for extension of time to file return;
3. Motion for postponement
4. Motion for a bill of particulars;
5. Counterclaim or cross-claim;
6. Third-party complaint;
7. Reply; and
8. Motion to declare respondent in default.

Hearing
Upon the receipt of the return of the

respondent, the court may call a preliminary
conference to simplify the issues, determine the
possibility of obtaining stipulations or admissions
from the parties, and set the petition for hearing.
The hearing including the preliminary conference
shall not extend beyond sixty (60) days.

Contempt
The court may after hearing punish the

respondent who refuses or unduly delays the
filing of a return, or who makes a false return, or
any person who disobeys or resists a lawful
process or order of the court for indirect contempt
under Rule 71 of the Rules of Court.

Judgment
Within 60 days from the time the

petition is submitted for decision, the court
shall render judgment granting or denying
the privilege of the Writ of Kalikasan.

Appeal
Within fifteen (15) days from the date of

notice of the adverse judgment or denial of
motion for reconsideration, any party may
appeal to the Supreme Court under Rule 45
of the Rules of Court. The appeal may raise
questions of fact.

SUPREME NATURE OF PURPOSE WHO CAN WHERE TO

COURT THE WRIT AVAIL THE FILE
WRITS WRIT
WRIT OF •All cases of Is a summon Aggrieved •RTC

illegal with the force party or
HABEAS confinement or of a court qualified
CORPUS detention order, person •SANDIGAN
addressed to BAYAN
•deprived of his the custodian
liberty demanding that
a prisoner be •COURT OF
taken before APPEALS
the court
• SUPREME
COURT
•
•JUSTICES


WRITS WRIT
WRIT OF Which is a PROTECTION Aggrieved •RTC

remedy party or
AMPARO available to any qualified
person whose person •SANDIGAN
right to life, BAYAN
liberty, and
security has
been violated •COURT OF
or is APPEALS
threatened with
violation by an
unlawful act or
• SUPREME
omission of a COURT
public official •
or employee, or •JUSTICES
of a private
individual or
entity


WRITS WRIT
WRIT OF Is a remedy ACCES OF Aggrieved •RTC

available to any INFORMATION party or
HABEAS person whose qualified
DATA right to privacy person •SANDIGAN
in life, liberty or BAYAN
security is
violated or
threatened •COURT OF
APPEALS
• SUPREME
COURT
•JUSTICES


WRITS WRIT
WRIT OF •Is a remedy Environmental •Any filipino

available to a damage citizen in
KALIKASAN
natural or representation
•COURT OF
juridical of others APPEALS
person, entity
authorized by •Any real party • SUPREME
law in interest,
including the COURT
•To a balance government
and healthful and juridical
ecology is entities by law
violated

SUMMARY
At the end of this topic, the student
already learned to identify the Supreme Court
Writs Issuances, the nature of the writ,
procedure of filling a petition and coverage of
specific writ.

End of Presentation!

Supreme Courts Writs Issuances

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Lesson 2.

5 Supreme Courts Writs Issuances

SUPREME COURTS WRITS

Criminal Investigation Course

• What is Writ of Habeas Corpus?

Criminal Investigation Course

The Supreme Court Writs Issuances will

Criminal Investigation Course

These cases are so “sensitive” because

Criminal Investigation Course

Define and discuss the following:

• Writ of Habeas Corpus

Criminal Investigation Course

This lesson aims to provide the

Criminal Investigation Course

Writ of Habeas Corpus

Is a summon with the force of a

Criminal Investigation Course

1. That the person in whose behalf the

2. The officer or name of the person by whom

Criminal Investigation Course

3. Place where he is so imprisoned or

4. Copy of the commitment or cause of

Criminal Investigation Course

Criminal Investigation Course

Criminal Investigation Course

In case of emergency, the judge may

Criminal Investigation Course

To Whom Writ Directed, and to

Criminal Investigation Course

To Whom Writ Directed, and to

Criminal Investigation Course

• No writ of Habeas Corpus can be

Criminal Investigation Course

Instances which the Contents of

1. Whether he has or has not the party in his

Criminal Investigation Course

Instances which the Contents of

2. If he has the party in his custody or power, or

Criminal Investigation Course

Instances which the Contents of

3. If the party is in his custody or power or is

Criminal Investigation Course

Instances which the Contents of

Criminal Investigation Course

Return to be Sign and Sworn to

The return or statement shall be signed

Criminal Investigation Course

The Writ of Amparo which means

Criminal Investigation Course (CIC)

• whose right to LIFE, LIBERTY and SECURITY

Criminal Investigation Course (CIC)

Who May Avail of the Remedy?

1. Any member of the immediate family;

Criminal Investigation Course (CIC)

Where and When can the Petition

• Regional Trial Court (RTC);

Criminal Investigation Course (CIC)

Court Fee for Filing a Petition

A petition for a Writ of Amparo is

Criminal Investigation Course (CIC)

Contents of Petition for Writ of