Distinguish: Writ of habeas Corpus vs. Writ of Habeas Data vs.

Writ of Amparo

A) As to their nature, scope, function:

Writ of Habeas Corpus- All cases of illegal confinement and detention which any person is deprived of
his liberty; or rightful custody of any person is withheld from the person entitled. Actual violation before
writ issues. Note Villavicencio v. Lukban on applicability of the writ in case of constructive restraint.

Writ of Habeas Data- Involves the right to privacy in life, liberty or security of the aggrieved party and
covers extralegal killings and enforced disappearances.

Writ of Amparo- 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.

B) Limitations:

Writ of Habeas Corpus- May be suspended in cases of invasion or rebellion when public safety requires
it. (Consti. Art. III Sec. 15)

Writ of Habeas Data- Shall not diminish, increase or modify substantive rights (RWD Sec. 23)

Writ of Amparo- Shall not diminish, increase or modify substantive rights (RWA Sec. 24)

C) Who may file and Where filed

Writ of Habeas Corpus-

May be filed: By a petition signed and verified; by the party for whose relief it is intended, or by some
person on his behalf.

May be granted: 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; and MTC OR FIRST LEVEL COURTS in the absence of RTC judges in a judicial region
(section 35 BP 129)

Writ of Habeas Data-

By: 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.

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 of Amparo-

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.

D) Where enforceable and Where returnable

Writ of Habeas Corpus-

Enforceable: If SC or CA issued, anywhere in the Philippines; 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.

Returnable: If the one that granted the writ: 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.

Writ of Habeas Data-

Enforceable: Writ shall be enforceable anywhere in the Philippines.

Returnable: 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

Writ of Amparo-

Enforceable: Writ shall be enforceable anywhere in the Philippines.

Returnable: 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.

E) Docket Fees

Writ of Habeas Corpus- upon the final disposition of such proceedings the court or judge shall make such
order as to costs as the case requires.

Writ of Habeas Data- 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.

Writ of Amparo- 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.
F) Essential allegations/ Contents of petition

Writ of Habeas Corpus-

Signed and verified either by the party for whose relief it is intended or by some person on his behalf,
setting forth:

*The person in whose behalf whose the application is made is imprisoned or restrained of his liberty

*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

Writ of Habeas Data-

Verified and written petition shall contain:

*Personal circumstances of petitioner and respondent

*Manner the right to privacy is violated or threatened and its effects

*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

Writ of Amparo-

Signed and verified and shall allege:

*The personal circumstances of the petitioner

*Name or appellation and circumstances of the respondent

*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

G) When proper

Writ of Habeas Corpus-

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

Writ of Habeas Data-

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

Writ of Amparo-

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

H) How and who serves

Writ of Habeas Corpus-

Writ may be served in any province by the (a) sheriff, (b) 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)

Writ of Habeas Data-

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)

Writ of Amparo-

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.