SPECIAL PROCEEDINGS

RULE 102 HABEAS CORPUS

 A writ of habeas corpus is the order of the court requiring the person to whom it is issued to produce the person
alleged to be restrained of his liberty or whose rightful custody has been withheld and to justify such person’s
detention or custody.
 The writ of habeas corpus shall extend to all cases of illegal confinement or 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.
 Writs issued by the SC, CA and Sandiganbayan are enforceable anywhere in the PH
 Those issued by the RTC and MTC are enforceable only within the judicial region to which they belong.
 Once the superior court makes the writ returnable to a lower court as allowed by the ROC, the lower court
designated does not thereby become merely recommendatory body, whose findings and conclusions are devoid
of effect. Hence, decision of the lower court on the petition for writ of habeas corpus is appealable to the
appellate court.
 Any person may apply for the writ on behalf of the aggrieved party
 Writ of HC not allowed when the person restrained is under a legal process issued by a court or judge and that
the court or judge had jurisdiction to issue the process. If jurisdiction appears appears after the writ is allowed,
the person shall not be discharged by reason of any informality or defect in the process, judgment or order.
 Kidnapping is not part of the functions of a soldier. Even if a public officer has the legal duty to detain a person,
the public officer must be able to show the existence of legal grounds for the detention. Without these legal
grounds, the public officer is deemed to have acted in a private capacity and is considered a private individual.
The RTC property took cognizance of the kidnapping case against Sgt Osorio. Hence, HC is not proper. (L)
 Habeas corpus is the proper remedy for a person deprived of his liberty due to mistaken identity. In such cases,
the person is not held under any lawful process and is continuously being illegally detained.

WHEN WRIT MAY BE AVAILED OF AS A POST-CONVICTION REMEDY:

1. There has been deprivation of a constitutional right resulting in the restraint of a person
2. The court had no jurisdiction to impose the sentence
3. An excessive penalty has been imposed, as such sentence is void as to such excess.
 The writ may be availed of as a post-convition remedy where there has been deprivation of a constitutional right
resulting in the restraint of a person. Where the deprivation of a constitutional right is established, the court
that rendered the judgment is deemed ousted of jurisdiction and habeas corpus is the remedy to assail the
legality of the detention

Preliminary Citation Peremptory Writ

 Where the  When the cause
person is of the detention
detained under appears to be
governmental patently illegal
authority and the  The court may
illegality of his issue a
detention is not peremptory writ
patent from the requiring the
petition unconditional
 The court may production
issue a before the court
preliminary of the body of
citation to the the person
government detained at the
officer having date and time
 custody to show specified.
cause why the
writ should not
issue

Examples where the WHC may be availed of where the rightful custody of any person is withheld from the person
entitled:
1. Parents may avail of the writ to obtain custody of their child as against the grandparent
2. Wife may avail of the writ to obtain custody of her child under 7 yrs old as against her husband
3. A judicial guardian who was unduly deprived of custody of her ward is entitled to a writ of habeas corpus in
order to regain custody.
 Where both parents have joint custody of a child, the writ may be availed of if a father is deprived of his right to
see his child.

WRIT OF AMPARO

 A remedy available to any person whose right to life, liberty and security has been violated or is threatened
with a violation by a public official or employee or a private individual or entity.
 The writ covers extralegal killings and enforced disappearances or threats thereof.
 The SC has held that in an amparo petition, proof of disappearance alone is not enough. It must also be shown
and proved by substantial evidence that the government or its agents had a hand in the disappearance or that
they failed to exercise extraordinary diligence in investigating his case. Even if the person sought to be held
accountable is a private individual or entity, still, government involvement in the disappearance remains an
indispensable element.
 There must be showing of direct or indirect government participation in order for the Rule to apply.
Where to file:
 RTC of the place where the threat, act or omission was committed or any of its elements occurred or the
Sandiganbayan, CA or SC.
Who may file:
 The petition may be filed by any aggrieved party or by any qualified person or entity in the following order:
1. Immediate family of the aggrieved person: spouse, children, parents
2. Relative within 4th degree
3. Concerned citizen or organization if no known family member or relative of the aggrieved party.
 May be enforced anywhere in the Philippines.
 The respondent shall file a verified return within 5 working days after service of the writ.
Contents of the return: PAID
1. If the respondent is a public official or employee, the return shall further state the actions that have been taken
or will be taken
2. Action taken to determine the fate or whereabouts of the aggrieved party and to determine the responsible
persons
3. All relevant information in respondent’s possession about the threat, act or omission
4. Lawful defenses

Interim reliefs available in a writ of amparo case:

1. TEMPORARY PROTECTION ORDER (TPO)
2. INSPECTION ORDER
3. PRODUCTION ORDER
4. WITNESS PROTECTION ORDER
 Interim reliefs can only be granted before a final adjudication of the case is made. In any case, it must be
underscored that the privilege of the writ of amparo, once granted, necessarily entails the protection of the
aggrieved party. Thus, since petitioner was granted the privilege of the writ of amparo, there is no need to issue
 a TPO independently of the former. The order restricting respondents from going near Rodriguez is subsumed
under the privilege of the writ.
Appeal:
 Within 5 working days from notice of the adverse judgment
Quantum of evidence:
 Substantial evidence or that amount of relevant evidence which a reasonable mind might accept as adequate to
support a conclusion
 Hearsay is admissible as long as if satisfies the basic minimum test or relevance of the evidence to the issue and
consistency with all other pieces of evidence

Effect when a criminal actions arising out of the act or omission subject of the Amparo has been commenced:
a. Preclusion- No separate petition for the writ shall be filed. The reliefs under the writ shall be available
by motion in the criminal case.
b. Consolidation- The Amparo shall be consolidated when a criminal action has been filed
- When a criminal action and a separate civil action are filed subsequent to a petition for the writ, the petition
shall be consolidated with the criminal.

RULE ON HABEAS DATA

 The writ of habeas data 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 or storing of data or information regarding the person, family, home, and
correspondence of the aggrieved party.
 A petition for habeas data must adequately show that there exists a nexus between the right to privacy on one
hand, and the right to life, liberty or security on the other.
 The right to informational privacy may yield to an overriding legitimate state interest, in this case, the interest of
the State in dismantling private armed groups.

Where to file:
 RTC where the petition or respondent resides or that which has jurisdiction over the place where the data or
information is gathered, or stored at petitioner’s option.
 May also be filed in SG, CA or SC if the petition concerns public data files of government offices.

Who may file:

 Any aggrieved party
 Same scenario when a criminal case is filed
 WOA or WHD will NOT issue to protect purely property or commercial concerns nor when the grounds invoked
in support of the petitions therefor are vague or doubtful. Employment constitutes a property right under the
context of the due process clause of the Constitution. It is evidence that respondent’s reservations on the real
reasons for her transfer are what prompted her to adopt the extraordinary remedy of habeas data. Jurisdiction
over such concerns is lodged with the NLRC and Labor Arbiters.
 Sec 1 of HD conveys that habeas data is a protections against unlawful acts or omissions of public officials and of
private individuals or entities engaged in gathering, collecting, or storing data about the aggrieved party and his
or her correspondences, or about his family. Such individual need not be in the business of collecting or storing
data.
o There is no informational privacy on photos posted on Facebook. That the photos are viewable by
“friends only” does not necessarily bolster the petitioners’ contention. In this regard, the cyber
community is agreed that the digital images under this setting still remain to be outside the confines of
 the zones of privacy in view of the sheer number of Facebook “friends” and the facility in which photos
can be shared even to those who are not “friends”

HABEAS CORPUS AMPARO HABEAS DATA

Available to whom Person illegally deprived of
liberty or from whom
rightful custody of any
person is withheld
Jurisdiction SC, CA, SB
Person whose right to life, Person whose right to
liberty or security is privacy on life, liberty or
violated or threatened to security is violated or
be violated by public threatened by an unlawful
official or private individual act or omission of a public
or entity or private individual or
Extends to extralegal entity engaged in the
killings and enforced gathering, storing of data
disappearances or information regarding
the person, family, home
and correspondence of the
aggrieved party.
SC, CA, SB SC, CA SB ( public data files
of govt offices)

Who may file
Filing of return
Appeal
Interim reliefs
Quantum of proof
RTC in the judicial region RTC where threat, act or RTC where petitioner or
where writ sought to be omission committed or respondent resides or that
enforced where any of its elements which has jurisdiction over
occurred the place where the data or
MTC (in the absence of all information is gathered or
RTC judges) stored at the petitioner’s
option
Aggrieved person or any Aggrieved party or by any Aggrieved party
person on his behalf of the following in order:
Immediate family, 4th
degree relatives, any
concerned citizen or
organization
Date and time specified in Within 5 working days from Within 5 working days from
the writ service of the writ. service of the writ.
No extension exp on highly Reasonable extension for
meritorious grounds justifiable cause
Notice of appeal within 48 R45 within 5 working days R45 within 5 working days
hrs from notice from notice from notice
NA Available (PWIT) NA
Preponderance Substantial Substantial

RA9048 R108
Correction of clerical or typographical errors only Correction of substantial errors
Filed with the LCR Filed with RTC where the civil registry is kept
No publication exp if correction of erroneous entry of day Publication 1x3
and month of birth date or sex in which case publication
is 1x2