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Habeas Corpus Amparo Habeas Data Kalikasan Literal Interpretation
Habeas Corpus Amparo Habeas Data Kalikasan Literal Interpretation
Habeas Corpus Amparo Habeas Data Kalikasan Literal Interpretation
HABEAS CORPUS AMPARO HABEAS DATA KALIKASAN person is deprived of violation by an unlawful act or
Literal interpretation his liberty; or unlawful act or omission of a public
“You have the body” “To protect” “You have the data” It is a Filipino word omission of a public official or employee,
(Latin) (Spanish) (Latin) which means “nature” 2. By which the official or or of a private
in English rightful custody of any employee, or of a individual or entity
Governing Rule person is withheld private individual or engaged in:
Rule 102 A.M. No. 07-9-12-SC A.M. No. 08-1-16-SC Part III, Rule 7, A.M. from the person entity.
1997 Sept. 25, 2007 Feb. 2, 2008 No. 09-6-8-SC; 2010 entitled thereto. 1. Gathering
Definition 2. Collecting
Writ directed to the Remedy available to Remedy available to Special remedy 3. Storing
person detaining any person whose any person whose available
another, commanding right to life, liberty, right to privacy in life, to a natural or juridical Of data or information
him to produce the and security is liberty or security is person, entity regarding the person
body of the prisoner violated or violated or threatened authorized by law, family, home and
at a designated time threatened with by an unlawful act or people’s organization, correspondence of the
and place, with the violation by an omission of a public non-governmental aggrieved party.
day and cause of his unlawful act or official or employee, organization, or any Rights violated
capture and omission of a public or of a private public interest group There is an actual (Sec. 1) (Sec. 1) There is an actual or
detention, to do, official or individual or entity accredited by or violation of the right There is an actual There is an actual or threatened violation of
submit to, and receive employee, or of a engaged in the registered with any to liberty of and or threatened threatened violation one’s right to a
whatsoever the court private individual or gathering, collecting, government agency, on rightful custody by violation of the of the aggrieved healthful and balanced
or judge awarding the entity. or storing of data or behalf of persons the aggrieved party. aggrieved party’s party’s right. ecology involving
writ shall consider in information regarding whose constitutional right. environmental
that behalf. The writ covers the person, family, right to a balanced and damage.
extralegal killings home and healthful ecology is Venue/Where to file
It is a special and enforced correspondence of the violated, or threatened If filed with RTC or (Sec. 3) (Sec. 3) In SC or any stations of
proceeding disappearances or aggrieved party. with violation by an any judge thereof: If filed with RTC: the If filed with RTC: the CA.
threats thereof unlawful act or where the detainee is place where the where the 1.
It is a special omission of a public detained threat, act or petitioner or 2.
It is a special proceeding official or employee, or omission was respondent resides; or
proceeding private individual or SB in aid of its committed or any that 3. which has
entity, involving appellate jurisdiction; of its elements jurisdiction over the
environmental damage CA or any member in occurred; place where the data
of such magnitude as instances authorized or information is
to prejudice the life, by law; or SC or any SB or any justice gathered, collected or
health or property of member thereof; MTC thereof only insofar stored, at the option
inhabitants in two or in exercise of special as respondents are of the petitioner;
more cities or jurisdiction; FC in public officers or
provinces. cases of custody of employees; CA or SC, CA or SB when the
minors any justice thereof; action concerns public
It is a special civil SC or any justice data files or
action thereof. government offices.
Availability/Coverage Contents of the petition
(Sec. 1) (Sec. 1) (Sec. 1) Constitutional right to (Sec. 3) (Sec. 5) (Sec. 6) (Sec. 2)
To all cases of illegal To any person To any person whose a balanced and Application for the The petition shall be A verified written The verified petition
confinement or whose right to life, right to privacy in life, healthful ecology. writ shall be by signed and verified petition for a writ of shall contain the
detention: liberty and security liberty and security is petition signed and and shall allege the habeas data should following:
is violated or violated or threatened verified either by the following: contain: (a) The personal
1. By which any threatened with with violation by an party for whose relief a. The personal circumstances of the
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it is intended, or by circumstances of petitioner; or whereabouts of reliefs as are just and that the same or
some person on his the petitioner; (a) The personal (b) The name and the aggrieved party equitable. similar action or claim
behalf, and shall set b. The name and circumstances of the personal circumstances and the identity of has been filed or is
forth: personal petitioner and the of the respondent or if the person pending, petitioner
(a) That the person in circumstances of respondent; the name and personal responsible for the shall report to the
whose behalf the the respondent circumstances are threat, act or court that fact within
application is made is responsible for the (b) The manner the unknown and omission; and five (5) days therefrom;
imprisoned or threat, act or right to privacy is uncertain, the f. The relief prayed and
restrained on his omission, or, if the violated or threatened respondent may be for. (f) The reliefs prayed
liberty; name is unknown or and how it affects the described by an for which may include
(b) The officer or uncertain, the right to life, liberty or assumed appellation; The petition may a prayer for the
name of the person respondent may be security of the (c) The environmental include a general issuance of a TEPO.
by whom he is so described by an aggrieved law, rule or regulation prayer for other just
imprisoned or assumed party; chanrobles violated or threatened and equitable
restrained; or, if both appellation; virtual law library to be violated, the act reliefs.
are unknown or c. The right to life, or omission Petitioner/Who may file a petition
uncertain, such officer liberty and security (c) The actions and complained of, and the (Sec. 3) (Sec. 2) (Sec. 2) A natural or juridical
or person may be of the aggrieved recourses taken by the environmental damage 1. By the party for GR: By the GR: By the aggrieved person, entity
described by an party violated or petitioner to secure of such magnitude as whose relief it is aggrieved party party authorized by law,
assumed appellation, threatened with the data or to prejudice the life, intended; or people’s organization,
and the person who is violation by an information; health or property of EXPN: By any EXPN: However, in non-governmental
served with the writ unlawful act or inhabitants in two or 2. By any person on qualified cases of extralegal organization, or any
shall be deemed the omission of the (d) The location of the more cities or his behalf person/entity in the killings and enforced public interest
person intended; respondent, and files, registers or provinces. following order: disappearances: group accredited by or
(c) The place where how such threat or databases, the (d) All relevant and a. Any member of a. Any member of the registered with any
he is so imprisoned or violation is government office, material evidence the immediate immediate family government agency.
restrained, if known; committed with the and the person in consisting of the family b. In default of the
(d) A copy of the attendant charge, in possession affidavits of witnesses, b. Any ascendant, former, any
commitment or cause circumstances or in control of the documentary evidence, descendant, or ascendant,
of detention of such detailed in data or information, if scientific or other collateral relative of descendant, or
person, if it can be supporting known; expert studies, and if the aggrieved party collateral relative of
procured without affidavits; possible, object within the 4th civil the aggrieved party
impairing the d. The investigation (e) The reliefs prayed evidence; degree of within the 4th civil
efficiency of the conducted, if any, for, which may include (e) The certification of consanguinity or degree of
remedy; or, if the specifying the the updating, petitioner under oath affinity consanguinity or
imprisonment or names, personal rectification, that: (1) petitioner has c. Any concerned affinity
restraint is without circumstances, and suppression or not commenced any citizen,
any legal authority, addresses of the destruction of the action or filed any organization,
such fact shall appear. investigating database or claim involving the association or
authority or information or files same issues in any institution
individuals, as well kept by the court, tribunal or quasi-
as the manner and respondent. judicial agency, and no The filing of the
conduct of the In case of threats, the such other action or aggrieved party
investigation, relief may include a claim is pending himself suspends
together with any prayer for an order therein; (2) if there is the right to file
report; enjoining the act such other pending petition by other
e. The actions and complained of; and action or claim, a persons
recourses taken by complete statement of
the petitioner to its present status; (3) if The filing of petition
determine the fate (f) Such other relevant petitioner should learn
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by an authorized civil case is
person suspends discharged, the costs
the right to file by shall be taxed against
others down the him, or against the
order person who signed
Respondent the application for the
May or may not be an (Sec. 1) (Sec. 3) Public official or writ, or both
officer. Public official or Public official or employee, private Setting of hearing
employee or a employee or a private individual or entity. (Sec. 12) (Sec. 6) (Sec. 7)
private individual or individual or entity Hearing on return Not later than 7 Not later than 10 days
entity. engaged in the days from issuance from date of issuance
gathering, collecting or of writ of writ
storing of data or How writ is served
information regarding (Sec. 7) Writ shall be issued Writ shall be issued Writ should be issued
the person, family, Service of the writ immediately upon immediately upon within 3 days from the
home and shall be made by filing if the writ on filing if the writ on its filing of the petition
correspondence of the leaving the original its face ought to face ought to issue
aggrieved party. with the person to issue Served upon the
Extent of Enforceability of the writ whom it is directed (Sec. 9) respondent personally;
(Sec. 2) (Sec. 3); (Sec. 4) and preserving a copy (Sec. 8) If the writ cannot be or substituted service.
If granted by SC, CA, Enforceable anywhere in the Philippines regardless of who issued the on which to make If the writ cannot be served personally on
or SB: enforceable same return of service. served personally respondent, the rules
anywhere In the on respondent, the on substituted service
Philippines; If that person cannot rules on substituted shall apply
be found, or has not service shall apply
If granted by RTC: the prisoner in
enforceable only custody then the
within the judicial service shall be made
district on any person having
When to file or exercising such
(Sec. 2) (Sec. 3) custody
On any day and at any On any day and at Person who makes the return
time any time Officer by whom the Respondent Respondent Respondent
Payment of Docket fees prisoner is imprisoned
(Sec. 19) (Sec. 4) (Sec. 5) Petitioner is exempted or the person in
Payment of docket Petitioner is Payment is required. from payment whose custody the
fees is required. exempted from EXPN: indigent prisoner is found
EXPN: indigent payment of docket petitioner exempt This is consistent with Filing of return/When to file
petitioner exempt fees and other from paying docket the character of the (Sec. 10) (Sec. 9) (Sec. 9) Within non- extendible
lawful fees and other lawful fees reliefs under the writ Signed and shall also Verified written The respondent shall period of 10 days after
As to costs: which excludes be sworn to if the return to be filed file a verified written the service of writ.
When a person Reason: damages for personal prisoner is not within 5 working return together with
confined in a criminal enforcement of injury; it also produced days after service of supporting affidavits
case is discharged, the these sacrosanct encourages public the writ (which within 5 working days
costs shall be taxed rights should not be participation On the day specified cannot be extended from service of the
against the RP violated by lack of in the writ except on highly writ, (which period
finances meritorious may be reasonably
When a person in grounds), the extended by the Court
custody by virtue of a respondent shall file for justifiable reasons)
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a verified written bought before the is a public official or confidentiality of the
return together court or judge; employee, the data or information;
with supporting (d) If he has had the return shall further and chanrobles virtual
affidavits. party in his custody or state the actions law library
Contents of the return power, or under that have been or
(Sec. 10) (Sec. 9) (Sec. 10) (Sec. 8) restraint, and has will still be taken: (iii) the currency and
When the person to Within seventy-two The respondent shall Within a non- transferred such i. to verify the accuracy of the data or
be produced is (72) hours after file a verified written extendible period of custody or restraint to identity of the information held; and,
imprisoned or service of the writ, return together with ten (10) days after another, particularly aggrieved party;
restrained by an the respondent supporting affidavits service of the writ, the to whom, at what ii. to recover and (c) Other allegations
officer, the person shall file a verified within five (5) working respondent shall file a time, for what cause, preserve evidence relevant to the
who makes the return written return days from service of verified return which and by what authority related to the death resolution of the
shall state therein, together with the writ, which period shall contain all such transfer was or disappearance of proceeding.
and in other cases the supporting may be reasonably defenses to show that made. the person A general denial of the
person in whose affidavits which extended by the Court respondent did not identified in the allegations in the
custody the prisoner shall, among other for justifiable reasons. violate or threaten to petition which may petition shall not be
is found shall state, in things, contain the The return shall, violate, or allow the aid in the allowed.
writing to the court or following: among other things, violation of any prosecution of the
judge before whom a. The lawful contain the following: environmental law, person or persons
the writ is returnable, defenses to show rule or regulation or responsible;
plainly and that the respondent commit any act iii. to identify
unequivocably: did not violate or (a) The lawful resulting to witnesses and
(a) Whether he has or threaten with defenses such as environmental damage obtain statements
has not the party in violation the right national security, state of such magnitude as from them
his custody or power, to life, liberty and secrets, privileged to prejudice the life, concerning the
or under restraint; security of the communications, health or property of death or
(b) If he has the party aggrieved party, confidentiality of the inhabitants in two or disappearance;
in his custody or through any act or source of information more cities or iv. to determine the
power, or under omission; of media and others; provinces. cause, manner,
restraint, the b. The steps or All defenses not raised location and time of
authority and the true actions taken by the (b) In case of in the return shall be death or
and whole cause respondent to respondent in charge, deemed waived. disappearance as
thereof, set forth at determine the fate in possession or in The return shall include well as any pattern
large, with a copy of or whereabouts of control of the data or affidavits of witnesses, or practice that may
the writ, order the aggrieved party information subject of documentary evidence, have brought about
execution, or other and the person or the petition; scientific or other the death or
process, if any, upon persons responsible expert studies, and if disappearance;
which the party is for the threat, act (i) a disclosure of the possible, object v. to identify and
held; or omission; data or information evidence, in support of apprehend the
(c) If the party is in his c. All relevant about the petitioner, the defense of the person or persons
custody or power or is information in the the nature of such respondent. involved in the
restrained by him, possession of the data or information, A general denial of death or
and is not produced, respondent and the purpose for its allegations in the disappearance; and
particularly the nature pertaining to the collection; petition shall be vi. to bring the
and gravity of the threat, act or considered as an suspected offenders
sickness or infirmity of omission against (ii) the steps or actions admission thereof. before a competent
such party by reason the aggrieved party; taken by the court.
of which he cannot, and respondent to ensure
without danger, be d. If the respondent the security and The return shall also
state other matters
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relevant to the judge shall proceed shall proceed to hear hear the petition ex
investigation, its to hear the petition the petition ex parte, parte.
resolution and the ex parte granting petitioner
prosecution of the such relief as the
case. petition may warrant