WRIT OF AMPARO vs WRIT OF HABEAS DATA
Writ of Amparo Writ of Habeas Data
Nature of remedy If right life/liberty/security is violated (or
threatened to be so) by a public official/ employee
or a private individual/entity
Who may file  Aggrieved party
 In order
 Immediate family members
 Ascendant/ descendant or collateral
relative within 4th civil degree
 Concerned citizen/ organization
 Aggrieved party’s filing suspends the right to
file of others
 Filing by an authorized party suspends the
right of all others down the order
Docket fees Exempt
Docket petition and act immediately
Content of petition Signed, verified and allege
 Petitioner’s circumstance
 Respondent’s circumstances
 Right violated or threatened to be violated,
and how violated/threatened
 Investigations conducted
 Petitioners’ action/recourses to determine
aggrieved party’s identity/whereabouts and
violator’s identity
 Relief prayed for
 Include general prayer for other just and
equitable reliefs
Issuance of writ Upon filing and petition’s prima facie validity
Court shall immediately issue the writ
Clerk of Court shall issue the writ under the
Court’s seal
If urgent, the judge/justice may issue the writ in
his own handwriting and deputize anyone to serve
it
The writ shall set the date and time for summary
hearing, which should be within 7 days from
issuance
Penalty for refusing Contempt, without prejudice to other disciplinary
to issue writ actions
Service of writ Serve a copy on respondent and retain a copy on
which to make a return of service
 If respondent cannot be served personally,
apply substituted service rules
Return on the writ Respondent must file a verified written return
within 72 hours after service
Contents of return:
 Lawful defenses
 Steps/action taken to determine the
whereabouts of the aggrieved party and the
If right to privacy is so violated (or threatened
to be so) in gathering/ collecting/ storing data
or information about aggrieved party’s
person/family/home/ correspondence
 Aggrieved party
 If ELKED cases (in order)
 Immediate family members
 Ascendant/ descendant or collateral
relative within 4th civil degree
If indigent petitioner, exempt
Docket petition and act immediately, but
without prejudice to submission of proof of
indigency within 15 days from filing
Signed, verified and allege
 Petitioner’s circumstance
 Respondent’s circumstances
 File/ database location and person/ entity in
possession/ control
 Petitioner’s action/ recourses to secure the
data/ information
 Relief prayed for, including the update/
rectification/suppression/ destruction of the
file/database or enjoinment of the threat
 Include general prayer for other just and
equitable reliefs
Upon filing and petition’s prima facie validity
Court shall immediately issue the writ
Same , and he shall serve it within 3 days from
issuance
If urgent, the judge/justice may issue the writ in
his own handwriting and deputize anyone to
serve it
Same, but within 10 days from issuance
Contempt, without prejudice to other
disciplinary actions
Serve a copy on respondent and retain a copy
on which to make a return of service
 If respondent cannot be served personally,
apply substituted service rules
Same, but within 5 working days (the court may
extend the period for justifiable reasons)
Contents of return:
 Lawful defenses
 If respondent has possession/ control of the
data/ information
 violator
 All relevant information
 If respondent is a public official/ employee,
actions that were taken or will be taken
 To verify the aggrieved party’s identity
 To recover and preserve evidence for
prosecution
 To determine death’s/ disappearance’s
circumstances
 To identify and apprehend persons
involved
 To bring suspected offenders to court
 General denial of petition’s allegation is not
allowed
Defenses raised All defenses not raised in the return are deemed
waived
Prohibited pleading/  MTD
motions  Motion for extension to file pleading
 Dilatory motion for postponement
 Motion for bill of particulars
 Counter/cross complaint
 3rd party complaint
 Reply
 Motion to declare respondent in default
 Intervention
 Memorandum
 MFR of interlocutory order or interim relief
orders
 Petition for certiorari/ mandamus/ prohibition
against interlocutory
Effect of failure to file Ex parte hearing
return
Summary hearing Allowed, but the court may call for a preliminary
conference to simplify issues and determine
possibility of obtaining stipulations and
admissions
Hearing will be day to day until completed, and
has the same priority as HC petitions
Interim reliefs Upon filing and anytime before judgment, the
court may grant any of the following:
 Temporary protection order
 Inspection order = to permit entry for
inspecting relevant objects/ operations
 Production = to produce and permit inspection
evidence
 Witness protection order
Availability of interim Only
reliefs to respondent  Inspection order = to permit entry for
inspecting relevant objects/ operations
 Disclosure of the data/ information, its
nature, and the purpose of its collection
 Steps/ actions taken to secure the data/
information’s confidentiality
 Data/ information’s currency and accuracy
 Other relevant allegations
 General denial of petition’s allegation is not
allowed
Hearing may be in chambers if respondent
invokes the following defenses:
 Release of the data/ information will
compromise national security or state
secrets
 Data/ information cannot be divulges to
public because of its nature or privileged
character
 MTD
 Motion for extension to file pleading
 Dilatory motion for postponement
 Motion for bill of particulars
 Counter/cross complaint
 3rd party complaint
 Reply
 Motion to declare respondent in default
 Intervention
 Memorandum
 MFR of interlocutory order or interim relief
orders
 Petition for certiorari/ mandamus/
prohibition against interlocutory
Ex parte hearing
May grant petitioner relief as petition warrants,
although it is the court’s discretion to require
petitioner to submit evidence
Allowed, but the court may call for a
preliminary conference to simplify issues and
determine possibility of obtaining stipulations
and admissions
  Production = to produce and permit inspection
evidence
Contempt For disobeying lawful court orders/ processes For disobeying lawful court orders/ processes
Burden of proof Substantial evidence
Required standard of If respondent is:
diligence  Private individual/entity: Ordinary
 Public official/employee: Extraordinary; and
cannot invoke presumption of regularity in
performance of official duty to evade liability
Judgment Must be rendered within 10 days from petition’s Must be rendered within 10 days from
submission for decision petition’s submission for decision
If petition’s allegation are proven by substantial Same
evidence, grant writ and reliefs; otherwise, deny Upon judgment’s finality, enforce within 5 days
Return of service Executing officer must make return within 3
days from enforcement
Notice and hearing on the executing officer’s
return
Appeal Appeal to SC under Rule 45, on question of law, Appeal to SC under Rule 45, on question of law,
and within 5 days from notice of adverse and within 5 days from notice of adverse
judgment judgment
Appeal has same priority as HC cases Appeal has same priority as HC and Amparo
cases
Archiving and revival If petition cannot proceed for a valid cause, the
of cases court shall not dismiss it but shall archive it
After 2 years from notice of archiving to
petitioner, petition shall be dismissed with
prejudice upon failure to prosecute
Institution of Not precluded Not precluded
separate actions
(criminal/civil)
Effect of filing a A separate petition for the Amparo writ cannot be A separate petition for the Amparo writ cannot
criminal action filed, but the remedy may be availed by motion in be filed, but the remedy may be availed by
the criminal action motion in the criminal action
Consolidation with If a separate criminal (and civil) action is filed
another action subsequent to the filing of petition for the writ,
consolidate the petition into the criminal action
Substantive rights Cannot be increased/decreased/ modified Cannot be increased/decreased/ modified
ROC application Suppletory Suppletory