DISTINCTIONS WRIT OF LEGAL BASIS HABEAS CORPUS 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]). Rule 102 Habeas corpus is a Latin phrase which literally means you have the body . Basically, it is a writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his capture and detention, to do, submit to, and receive whatsoever the court or judge awarding the writ shall consider in that behalf. Sec 1 To all cases of illegal confinement or detention: 1. By which any person is deprived of his liberty; or 2. By which the rightful custody of any person is withheld from the person entitled thereto AMPARO same HABEAS DATA same

GOVERNING LAW DEFINITION

A.M. No. 07-9-12-SC It is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ covers extralegal killings and enforced disappearances or threats thereof.

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.

REMEDY FOR

Sec 1 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

Sec 1 To any person whose right to privacy in 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 engaged in: 1. Gathering 2. Collecting 3. Storing Of data or information

EFFECTIVITY PETITIONER

The Rule took effect on 1 July 1997 Sec 3 By the party for whose relief it is intended, or by some other person in his behalf

The Rule took effect on 24 October 2007 Sec 2 By the aggrieved party, or by any qualified person or entity in the order provided in Sec 2

VENUE

Rule 4 Sec 2 Where the plaintiff resides or where the defendant resides, or in the case of nonresident defendant, where he may be found, at the election of the plaintiff.

Sec 3 SC, CA and SB: Manila; RTC of the place where the threat, act or omission was committed or any of its elements occurred

EXTENT OF ENFORCEABILITY

WHEN TO FILE

SC CA and anywhere in Philippines RTC: only within judicial district Sec 2 On any day and at time

SB: Anywhere the Philippines its

in

the

regarding the person family, home and correspondence of the aggrieved party. The Rule took effect on 2 February 2008 Sec 2 General rule: The aggrieved party Except: In cases of extralegal killings and enforced disappearances: 1. Immediate family; 2. In default of no.1, ascendant, descendant or collateral relative within the 4th civil degree of consanguinity or affinity. Sec 3 SC, CA and SB: Manila; RTC: 1. where the petitioner resides; 2. Where the respondent resides 3. Which has jurisdiction over the place where data or information is gathered etc? All at the option of the petitioner Anywhere in the Philippines

DOCKET FEES AND OTHER LAWFUL FEES 2

Sec 3 any On any day and at any time Sec 4 Sec 5 Exempt Exemption only applies

REQUISITES OF PETITION ISSUANCE OF THE WRIT

SUMMARY HEARING

HOW SERVED

CONTENTS OF RETURN

PENALTIES

to an indigent petitioner only Sec 3 Sec 5 Sec 6 Signed and verified Signed and verified Verified written petition Sec 5 Sec 6 Sec 7 When it appears, it When it its face ought to When in its face ought ought to be issued issue immediately to issue immediately immediately However there should be service within three days Sec 12 Sec 6 Sec 7 Hearing on return Not later than 7 days from Not later than 10 days the date of its issuance from the date of its issuance Sec 7 Sec 8 Sec 9 Service of the writ shall If the writ cannot be If the writ cannot be be made by leaving the served personally on the served personally on original with the respondent, the rules on the respondent, the person to whom it is substituted service shall rules on substituted directed and apply service shall apply preserving a copy on which to make return of service. If that person cannot be found, or has not the prisoner in custody then the service shall be made on any person having or exercising such custody Sec 10 Sec 9 Sec 9 Signed and shall also Verified written return Verified written return be sworn to if the -period to file cannot be -may be reasonably prisoner is not extended except on highly extended by the court produced meritorious ground; for justifiable grounds; Sec. 16 Sec 7 Sec 8 and 11 Clerk of a court who 1. Clerk of court who Same with writ of refuses to issue the refuses to issue the writ; amparo 2. Deputized person writ; Person to whom a writ who refuses to serve the is directed, who same; = contempt neglects or refuses to Penalty obey or make return of without prejudice to other the same according to disciplinary actions. the command thereof,

WHEN DEFENSES MAY BE HEARD IN CHAMBERS PROHIBITED PLEADINGS AND MOTIONS

or makes false return Sec 16 thereof, refuses to 1. Respondent who refuses to make a deliver to the person return, or make a demanding, within six false return; (6) hours after the 2. Any person who demand of a true copy disobeys or resists of the warrant or order a lawful process of commitment: order of the court Penalties: Penalties: a. Contempt; a. forfeit to the b. Imprisonment; party c. Fine aggrieved the sum of one thousand pesos, to be recovered in a proper action; b. contempt. none none Sec 12 May be heard in chambers SEC. 11 SEC. 13. (a) Motion to dismiss; (a) Motion to dismiss; (b) Motion for extension (b) Motion for of time to file return, extension of time to file opposition, opposition, affidavit, affidavit, position paper position and other pleadings; paper and other (c) Dilatory motion for pleadings; postponement; (c) Dilatory motion for (d) Motion for a bill of postponement; particulars; (d) Motion for a bill of (e) Counterclaim or cross- particulars; claim; (e) Counterclaim or (f) Third-party complaint; cross-claim; (g) Reply; (f) Third-party (h) Motion to declare complaint; respondent in default; (g) Reply; (i) Intervention; (h) Motion to declare (j) Memorandum; respondent in default; (k) Motion for (i) Intervention; reconsideration of (j) Memorandum; interlocutory orders or (k) Motion for interim reconsideration of relief orders; and interlocutory orders or (l) Petition for certiorari, interim relief mandamus or prohibition orders; and

against any interlocutory order.

EFFECT OF FAILURE TO FILE A RETURN

Sec 12 In case the respondent fails to file a return, the court, justice or judge shall proceed to hear the petition ex parte.

(l) Petition for certiorari, mandamus or prohibition against any interlocutory order. SEC. 14. In case the respondent fails to file a return, the court, justice or judge shall proceed to hear the petition ex parte, granting the petitioner such relief as the petition may warrant unless the court in its discretion requires the petitioner to submit evidence.

SUMMARY HEARING

INTERIM RELIEFS

Sec 12 1. Unless for good cause shown, the hearing is adjourned, in which event the court shall make an order for the safe keeping of the person

Sec 13 Sec 15 The hearing on the Same with writ of petition shall be summary. amparo However, the court, justice or judge 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 14 (a) Temporary Protection Order. The court, justice or judge, 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

imprisoned or restrained as the nature of the case requires; 2. The court or judge must be satisfied that the person s illness is so grave that he cannot be produced without any danger.

of keeping and securing their safety. If the petitioner is an organization, association or institution referred to in Section 3(c) of this Rule, the protection may be extended to the officers involved. The Supreme Court 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, justice or judge. (b) Inspection Order. The court, justice or judge, 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 object or operation thereon. The motion shall state in detail the place or places to be inspected. It shall be supported by affidavits or testimonies of witnesses having personal knowledge of the

enforced disappearance or whereabouts of the aggrieved party. If the motion is opposed on the ground of national security or ofbthe privileged nature of the information, the court, justice or judge 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 authorized to make the inspection and the date, time, place and manner of making the inspection and may prescribe other conditions to protect the constitutional rights of all parties. The order shall expire five (5) days after the date of its issuance, unless extended for justifiable reasons. (c) Production Order. The court, justice or judge, upon verified motion and after due hearing, may order any person in possession, custody or control of any designated documents, papers, books, accounts, letters, photographs, objects or tangible things, or objects in digitized or electronic form, which constitute or contain 7

JUDGMENT

Sec 15 When the court or judge has examined into the cause of caption and restraint of the prisoner, and is satisfied that he is

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, justice or judge may conduct a hearing in chambers to determine the merit of the opposition. The court, justice or judge shall prescribe other conditions to protect the constitutional rights of all the parties. (d) Witness Protection Order. The court, justice or judge, upon motion or motu proprio, may refer the witnesses to the Department of Justice for admission to the Witness Protection, Security and Benefit Program, pursuant to Republic Act No. 6981. The court, justice or judge may also refer the witnesses to other government agencies, or to accredited persons or private institutions capable of keeping and securing their safety. Sec 18 The court shall render judgment within ten (10) days from the time the petition is submitted for decision. If the allegations in the petition are proven

Sec 16 Same with WOA with an addition that upon finality, the judgment shall be enforced by the sheriff or any lawful officers as may be

APPEAL

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. If the officer or person detaining the prisoner does not desire to appeal, the prisoner shall be forthwith released. Sec 15 in relation to Sec 3 of Rule 41 and Sec 39 of BP 129: 48 hours from notice of judgment appealed from by ordinary appeal

by substantial evidence, designated by the the court shall grant the court, justice or judge privilege of the writ and within 5 working days. such reliefs as may be proper and appropriate; otherwise, the privilege shall be denied.

RETURN OF SERVICE

APPEAL

Sec 15 in relation to Sec 3 of Rule 41 and Sec 39 of BP 129: 48 hours from notice of judgment appealed from by ordinary appeal

Sec 19 Sec 19 Rule 45 by petition for Same as WOA review on certiorari with peculiar features: 1. Appeal may raise questions of fact or law or both; 2. Period of appeal shall be 5 working days from the date of notice of the adverse judgment; 3. Same priority as habeas corpus cases Sec 17 The officer who executed the final judgment shall make a verified return within 3 days from its enforcement Sec 19 Sec 19 Rule 45 by petition for Same as WOA review on certiorari with peculiar features: 1. Appeal may raise questions of fact or law or both; 2. Period of appeal

ARCHIVING AND REVIVAL OF CASES

INSTITUTION OF SEPARATE ACTIONS

EFFECT OF FILING CRIMINAL ACTION

CONSOLIDATION

shall be 5 working days from the date of notice of the adverse judgment; 3. Same priority as habeas corpus cases Sec 20 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. The petition shall be dismissed with prejudice upon failure to prosecute the caseafter the lapse of two (2) years from notice to the petitioner of the order archiving the case. Sec 21 This Rule shall not preclude the filing of separate criminal, civil or administrative actions. Sec 22 When 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. Sec 23 When a criminal action is filed subsequent to the filing of a petition for the writ, the latter shall beconsolidated with the criminal action. When a criminal action and a separate civil action are filed subsequent to a

Sec 20 Same as WOA

Sec 21 Same as WOA

Sec 22 Same as WOA

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SUBSTANTIVE RIGHTS

SUPPLETORY APPLICATION OF THE RULES OF COURT

Rule 72 Sec 2 In the absence of special provisions, the rules provided for in ordinary actions shall be, as far as practicable, applicable in special proceedings.

petition for a writ of amparo, the latter shall be consolidated with the criminal action. Sec 24 This Rule shall not diminish, increase or modify substantive rights recognized and protected by the Constitution. Sec 25 The Rules of Court shall apply suppletorily insofar as it is not inconsistent with this Rule.

Sec 23 Difference is that in WOA the Constitution provides the law from which the substantive rights exist Sec 24 Same as WOA

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