Comparative Chart: Habeas Corpus, Amparo, Habeas Data and Kalikasan

WRIT OF HABEAS CORPUS WRIT OF AMPARO WRIT OF HABEAS DATA WRIT OF KALIKASAN
Rights involved
Right to LIBERTY and RIGHTFUL Right to LIFE, LIBERTY, and SECURITY Right to PRIVACY IN LIFE, LIBERTY or Right to a BALANCED AND HEALTHFUL
CUSTODY by the aggrieved party [R102, of the aggrieved party and covers only SECURITY of the aggrieved party and may ECOLOGY involving environmental damage
S1] EXTRALEGAL KILLINGS AND cover EXTRALEGAL KILLINGS AND of such magnitude as to prejudice the LIFE,
ENFORCED DISAPPEARANCES [A.M. No. ENFORCED DISAPPEARANCES [A.M. No. HEALTH or PROPERTY of inhabitants in
07-9-12-SC, Sec.1] 08-1-16-SC, Sec. 1] two or more cities [A.M. No. 09-6-8-SC,
Sec.1]
NOTE: This is one of the exceptions to the NOTE: This is one of the exceptions to the
Factual Bar Rule or that only questions of Factual Bar Rule or that only questions of
law may be raised in Rule 45 Petition. law may be raised in Rule 45 Petition.
What is violated
ACTUAL violation of aggrieved party’s right ACTUAL or THREATENED violation of aggrieved party’s right.
[R102, S1]
Who are respondents
May or may not be a public officer or Public official or employee or a private Public official or employee or a private Public official or employee or a private
employee. individual or entity. individual or entity engaged in the individual or entity.
gathering, collecting or storing of data or
information regarding the person, family
name, and correspondence of the aggrieved
party.
Who may avail of the remedy
1. Party whose relief it is intended; or Aggrieved party or any qualified person or Aggrieved party; but in cases of extralegal Available to:
2. By some person on his behalf [R103, S3]. entity in the following order: killings and enforced disappearances, may 1. Natural or juridical person;
1. Any member of the immediate family of be filed by: 2. Entity authorized by law;
the aggrieved party, i.e., spouse, children, 1. Any member of the immediate family of 3. People’s organization, or any public
and parents; the aggrieved party, i.e., spouse, children, interest group accredited or registered with
2. Any ascendant, descendant or collateral and parents; any government agency, on behalf of
relative of the aggrieved party within the 2. Any ascendant, descendant or collateral persons whose right to a balanced and
fourth civil degree of consanguinity or relative of the aggrieved party within the healthful ecology is violated or threatened
affinity; or fourth civil degree of consanguinity or to be violated [A.M. No. 09-6-8-SC, R7,
3. Any concerned citizen, organization, or affinity [A.M. No. 08-1-16-SC, Sec. 2]. Sec.1].
association or institution (right to file is
successive) [A.M. No. 07-9-12-SC, Sec.2].
Venue
1. RTC or any judge thereof; or 1. RTC of the place where the threat act or 1. RTC where the petitioner or respondent 1. Supreme court; or
2. CA or any member thereof in instances
authorized by law; or
3. SC or any member thereof; or
4. Sandiganbayan or any member thereof in
aid of its appellate jurisdiction [R102,
S2].
If granted by SC or CA or any member of
such courts or Sandiganbayan in aid of its
appellate jurisdiction, and the jurisdiction
shall not be exclusive of the SC, it is
enforceable anywhere in the Philippines.
omission was committed or any of its resides, or that which has jurisdiction over 2. Any station of the CA [A.M. No. 09-6-8-
elements occurred; or the place where the data or information is SC, R7, Sec.3].
2. Sandiganbayan or any justice thereof; orgathered collected or stored, at the option
3. CA or any justice thereof; or of the petitioner; or
2. SC, CA, or Sandiganbyan when the action
4. SC or any justice thereof [A.M. No. 07-9-
12-SC, Sec.3]. concerns public data files of government
offices [A.M. No. 08-1-16-SC, Sec. 3].
Where enforceable
The writ shall be enforceable ANYWHERE in the Philippines regardless of who issued the
same.

If granted by the RTC or a judge thereof, it

is enforceable only within his judicial region.
Where returnable
If granted by the SC or CA or any member If issued by the SC or any of its justices, it If issued by the SC or any of its justices, it
of such courts, it may be made returnable may be returnable before such Court or any may be returnable before such Court or any
before the court or any member thereof or justice thereof, or the Sandiganbayan or CA justice thereof, or the Sandiganbayan or CA
before an RTC or any judge thereof. or any of their justices, or to any RTC of the or any of their justices, or to any RTC of the
ANYWHERE place where the threat, act or omission was place where the petitioner or respondent
committed or any of the elements occurred. resides or that which has jurisdiction over
If granted by the RTC or a judge thereof, it the place where the data or information is
is returnable before himself. JUDICIAL If issued by the Sandiganbayan or the CA or gathered [A.M. No. 08-1-16-SC, Sec. 4].
REGION WHERE THE JUDGE SITS any of their justices, it may be returnable
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.

If issued by the RTC or any judge thereof, it

is returnable before such court or judge.
Who are exempted from payment of docket fees
Petitioner is exempted from payment of Only an indigent petitioner is not required to Petitioner is exempted from the payment of
docket and other lawful fees [A.M. No. 07-9- pay docket and other lawful fees. docket fees [A.M. No. 09-6-8-SC, R7,
12-SC, Sec.4]. Sec.4].

Date and tine of hearing is specified in the
writ [R102, S8].
Served to the person to whom it is directed;
and if not found or has not the prisoner in
his custody, to the other person having or
exercising such custody [R102, S7].
If the person to whom the writ is directed
neglects or refuses to obey or make return
of the same, or makes a false return
thereof, or who, upon demand made by or
on behalf of the petitioner, refuses to
deliver to the person demanding, within 6
hours after the demand therefore, a true
copy of the warrant or order of
commitment, he shall forfeit to the party
aggrieved the sum of P1,000 and may be
punished for contempt [R102, S16]
Officer by whom the prisoner is imprisoned
or the person in whose custody the prisoner
is found [R102, S8].
When hearing is conducted
Summary hearing shall be conducted not Summary hearing shall be conducted not The hearing including the preliminary
later than 7 days from the date of the later than 10 working days from the date of conference shall not extend beyond sixty
issuance of the writ [A.M. No. 07-9-12-SC, the issuance of the writ [A.M. No. 08-1-16- [60] days and shall be given the same
Sec.6]. SC, Sec. 5]. priority as petitions for the writs of habeas
corpus, amparo and habeas data [A.M. No.
09-6-8-SC, R7, Sec.11].
Whom served
Served upon the respondent personally, but if it cannot be served personally, the rules on substituted service shall apply.
Neglect or refusal to make a return
If the respondent refuses to make a return or makes a false return, he may be punished with imprisonment or fine for committing
contempt.
Who files the return
Respondent.
Allowance of general denial
A general denial of the allegations in the petition shall not be allowed.
Failure of respondent to file return
Court, justice or judge shall proceed to hear Court, justice or judge shall proceed to hear Court, justice or judge shall proceed to hear
the petition ex parte [A.M. No. 07-9-12-SC, the petition ex parte, granting the petitioner the petition ex parte [A.M. No. 09-6-8-SC,
Sec.12]. such relief as the petition may warrant R7, Sec.10].
unless the court in its discretion requires the
petitioner to submit evidence [A.M. No. 08-
1-16-SC, Sec. 14].

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 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
[R102, S12].
Yes. If warrant of commitment is in Presumption of regularity does not apply
pursuance with law, it serves as prima facie [A.M. No. 07-9-12-SC, Sec.17].
cause of restraint.
Within 10 days from the petition is submitted for decision.
Within 48 hours from notice of the
judgment or final order appealed from.
If detention is by public authority, clear and
convincing evidence.
Prohibited pleadings and motions
There are prohibited pleadings and motions.
Grant of interim reliefs
The court, justice or judge may grant Ocular inspection order; Inspection order;
interim reliefs, to wit: and Production oder.
1. Temporary protection order
2. Inspection order
3. Production order
4. Witness protection order [A.M. No. 07-9-
12-SC, Sec.14].
Presumption of regularity
When judgment is rendered
Within 60 days from the time the petition is
submitted for decision, the court shall
render judgment granting or denying the
privilege of the writ of kalikasan.
When judgment is enforced
Within 5 working days [A.M. No. 08-1-16-
SC, Sec. 16].
Period of appeal of judgment
5 working days from the date of notice of 5 working days from the date of notice of Within 15 days from the date of notice of
the adverse judgment. Filed with SC via the judgment or final order. Filed with SC the adverse judgment or denial of motion
Rule 45 [A.M. No. 07-9-12-SC, Sec.19]. via Rule 45 [A.M. No. 08-1-16-SC, Sec. 19]. for reconsideration, any party may appeal to
the Supreme Court under Rule 45 of the
ROC. The appeal may raise questions of fact
[A.M. No. 09-6-8-SC, R7, Sec.16].
Consolidation with criminal action
May be consolidated with a criminal action filed subsequent to the petition.
Quantum of proof required
Substantial evidence.
If detention is by private authority,
preponderance of evidence.