Writ of Habeas Corpus

Basis Rule 102 of the Rules of Court

Purpose/Function a writ requiring a person under arrest to be brought before
a judge or into court, especially to secure the person's
release unless lawful grounds are shown for their detention.

Coverage 1. All cases of illegal confinement and detention which any

person is deprived of his liberty
2. the rightful custody of any person is deprived from the
person entitled to it.

Who May File. 1. By the party whose relief it is intended

2. By some person on his behalf

Contents Signed and verified either by the party for whose relief it is
intended or by some person on his behalf, setting forth:
1. The person in whose behalf the application is made is
imprisoned or restrained of his liberty
2. Name of the person detaining another or assumed
appellation
3. Place where he is imprisoned or restrained of his liberty
4. Cause of commitment

Where it can be filed? it can be filed in the Supreme Court, Court of Appeals
and the Regional Trial Courts

Where it can be enforced? if issued by the Supreme Court: It can be Enforced

anywhere in the Philippines
If Issued by the Regional Trial Court: It can be enforiced
within its jurisdiction
Where it can be returned? If issued by the Supreme Court or the Court of Appeals, it
can be returned to such court or the Regional Trial Court
If issued by the Regional Trial Court, it can be returned
before the court itself.

Disallowance When writ shall not be allowed?

1. If it appears that the person alleged to be restrained 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
2. that the court or judge had jurisdiction to issue the
process, render the judgment, or make the order, the writ
shall not be allowed.

Who issues the writ? 1. the clerk of court shall issue the writ under the seal of the
court
2. in case of emergency, the judge may issue the writ under
his own hand, and may depute any officer or person to serve
it

Service Writ may be served in any province by the (a) sheriff, (b)
other proper officer, or (c) 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. 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

Respondent An Officer
A private Person
How executed and returned 1. The officer 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,
2. The person shall be conveyed on the day specified in the
writ,
3. unless, from sickness or infirmity of the person directed
to be produced, such person cannot, without danger, be
bought before the court or judge;
4. 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.

When to file On the day specified on the

return writ
Contents of When the person to be produced is imprisoned or restrained
return 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:
(1) Truth of custody ovver the aggrieved party
(2) If he 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
(3) If the party is in his custody or power, and is not
produced, particularly the nature and gravity of the sickness
or infirmity
(4) 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.

Effect of failure shall forfeit to the party aggrieved the sum of one thousand
to file return pesos, to be recorded in a proper action, and may also be
punished by the court or judge as for contempt.

Date and time As specified in the writ

of hearing

Hearing and Judgment 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
Appeal

Within 48 hours from notice

of the judgment of final order
appealed

Institution of Separate Actions

Consolidation

Effect of Filing of a Criminal Action

Writ of Amparo
A.M. No. 07-9-12-SC
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 of a private individual or
entity.

 extralegal killings and enforced disappearances or threats thereof

1. Any member of the immediate family of the aggrieved party

2.Any ascendant, descendant or collateral relative of the aggrieved
within the fourth degree of affinity or consanguinity
3. Any concerned citizen, organization, association or institution.

Signed and verified and shall allege:

(1) The personal circumstances of the petitioner
(2) Name or appellation and circumstances of the respondent
(3) The right to life, liberty, and security violated or threatened with
violation,
(4) The investigation conducted, if any, plus circumstances of each
(5) The actions and recourses taken by the petitioner
(6) Relief prayed for May include a general prayer for other just and
equitable reliefs

Sandigan Bayan, Court of Appeals, Supreme Court, or any

justice of such courts
Regional Trial Court of the place where the threat, act or omission
was committed or any of its elements occurred

The writ shall be enforceable anywhere in the Philippines.

If issued by:
1. The Supreme Court : 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
2. 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
(3) The Regional Trial Court or any judge thereof: the writ shall be
returnable before such court or judge.

1. the clerk of court shall issue the writ under the seal of the court
2. 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

Respondent is a public official or employee or private individual or

entity
Respondent files the
return

Within seventy-two (72) hours after service of the writ

The return 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 taken to determine the fate or whereabouts of
the aggrieved party
3. All relevant information in the possession of the respondent
pertaining to the threat, act or omission against the aggrieved party
5. If the respondent is a public official or employee, the return shall
further state acts:
(a) To verify identity of aggrieved party
(b) To recover and preserve evidence
(c) To identify and collect witness statements
(d) To determine cause, manner, location, and time of death or
disappearance
(e) To identify and apprehend persons involved
(f) Bring suspected offenders before a competent court

Court or justice shall proceed to hear the petition ex parte

As specified in the writ, not later than 7 days from the issuance of the
writ.

The hearing on the petition shall be summary and Within 10 days

from the time the petition is submitted for decision
The period of appeal shall be five (5) working days from the date of
notice of the judgment or final order. Any party may appeal from the
final judgment or order to the Supreme Court under Rule 45
shall not preclude the filing of separate criminal, civil or administrative
actions.

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 has been commenced, no separate petition

for the writ shall be filed. The relief under the writ shal
Writ of Habeas Data
A. M. No. 08-1-16-SC
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.

data or information regarding the person, family, home and

correspondence of the aggrieved party violated or
threatened.

Any aggrieved party may file a petition.

However, in cases of extralegal killings and
enforced disappearances, the petition may be filed by (also
successive):
(1) Any member of the immediate family of the aggrieved
(2) Any ascendant, descendant or collateral relative of the
aggrieved party within the fourth civil

Verified and written petition shall contain:

(1) Personal circumstances of petitioner and respondent
(2) Manner the right to privacy is violated or threatened and
its effects
(3) Actions and recourses taken by the petitioner to
secure the data or information
(4) The location of the files, registers, or databases, the
government office, and the person in charge or control
(5) The reliefs prayed for Such other relevant reliefs as are
just and equitable

Supreme Court, Court of Appeals, Sandigan Bayan or the

Regional Trial Court

The writ shall be enforceable anywhere in the Philippines.

If issued by:
1. 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.
2. 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.
3. Regional Trial Court: returnable before such court or judge

1. the clerk of court shall issue the writ under the seal of the
court
2. 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.

A public official or employee or a private individual or entity

engaged in gathering, collecting or storing data
Respondent files the
return

Within 5 working days

after service of the writ
The return shall, among other things, contain the following:
1. Lawful defenses such as national security, state secrets,
privileged communications, confidentiality of the
source of information of media etc.
2. 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 etitioner,
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
iii. The currency and accuracy of the data or information held
3. Other allegations relevant to the resolution of the
proceeding

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

As specified in the writ,

not later than 10 working
days from the date of
issuance writ

The hearing on the petition shall be summary and Within 10

days from the time the petition is submitted for decision
5 working days from the
date of notice of adverse
judgment to the SC
under Rule 45
shall not preclude the filing of separate criminal, civil or
administrative actions.
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 has been commenced, no separate
petition for the writ shall be filed. The relief under the writ
shal