Habeas Corpus Amparo Habeas Data Kalikasan

Essence Involves the right to Involves the Involves the Involves the
liberty. right to life, right to privacy right to a
liberty and in life, liberty, blanched and
Extends to all cause of security. or security. healthful
illegal confinement or ecology
detention by which It covers involving
any person is deprived extrajudicial environmental
of his liberty, or by killings, enforced damage of
which the rightful disappearance, such
custody of any person and threats magnitude as
is withheld from the thereof to prejudice the
person entitled thereto life, health or
property of
inhabitants in 2
or more cities
or provinces

Definition Habeas corpus - you Amparo - to Habeas data -

have the body protect you have the
data

Availabilit It is a writ directed to Remedy Remedy Special remedy

y the person detaining available to one available to any available to
another, commanding whose right to person whose natural or
him to produce the life, liberty, and right to privacy juridical person,
body of the prisoner at security are in life, liberty, or entity authorized
a designated time and violated or security is by law, people’s
place, with the day threatened with violated or organization,
and cause of his violation by an threatened by an non-
caption and detention, unlawful act or unlawful act or governmental
to do, submit to, and omission of a omission of a organization, or
receive whatever the public official or public official or any public
court or judge employee, or of employee, or of interest group
awarding the writ shall a private a private accredited by or
consider in that behalf. individual or individual or registered with
entity. The writ entity engaged any government
covers in the gathering, agency, on
extralegal collecting or behalf of
killings and storing of data or persons whose
enforced information constitutional
disappearances regarding the right to a
or threats person, family, balanced and
thereof. home and healthful ecology
correspondence is violated, or
of the aggrieved threatened with
party. violation by an
 unlawful act or
omission of a
public official or
employee, or
private

Rule 102 - Habeas Corpus

Sec. 1 - To what habeas corpus extends - Except as otherwise expressly provided by law, the
writ of habeas corpus shall extend to all cases of illegal confinement and detention by which any
person is deprived of his liberty, or by which the rightful custody of any person is withheld from
the person entitled thereto.

- Extends to all cases of illegal confinement or detention. Such confinement or detention

involves either:
- Deprivation of liberty
- Rightful custody of any person is withheld from the person entitled thereto
- Purpose: to determine WON a particular person is legally held - it is a speedy and
effectual remedy to relieve persons from unlawful restraint, and as the best and only
sufficient defense of personal freedom
 - The basic requirement before a writ of habeas corpus may be issued is the restraint of
liberty
- Although the writ of habeas corpus ought not to be issued if the restraint is voluntary, the
writ of habeas corpus is the proper legal remedy to enable parents to regain the custody
of a minor child even if the latter be in the custody of a third person of her own free will
- Nature: proceedings in habeas corpus are separate and distinct from the main case
from which the proceedings spring - do not touch the merits of the case but simply with
the detention of the prisoner and stop with the authority by virtue of which he is detained
- Availability of the writ -
- may issue even if another remedy, which is less effective may be availed of by
the defendant
- May be granted upon a judgment already final

Concurrent jurisdiction of RTC, CA, and SC

- SC - on any day at any time - anywhere in the PH
- CA - instances authorized by law - anywhere in the PH
- RTC - on any day at any time - only within the court’s judicial district