Habeas Corpus, Writ of Amparo, and Habeas Data Distinguished: Habeas Corpus Writ of Amparo Habeas Data

Habeas Corpus, Writ of Amparo, and Habeas Data Distinguished:
Habeas Corpus Writ of Amparo Habeas Data
As to rights involved
* Involves the right to liberty of * Involves the right to life, liberty, * Involves the right to privacy in
and rightful custody by the and security of the aggrieved party life, liberty, or security of the
aggrieved party and covers extralegal killings and aggrieved party and may cover
enforced disappearances extralegal killings and enforced
disappearances
As to what is violated
There is an actual violation of There is an actual or threatened There is an actual or threatened

aggrieved party`s right. violation of aggrieved party`s right. violation of aggrieved party`s right.
As to who are respondents
Respondent may or may not be Respondent is a public official or Respondent is a public official or
an officer. employee or a private individual or employee or a private individual or
entity. entity engaged in the gathering,
collecting, or storing of data or
information regarding the person,
family name, and correspondence
of the aggrieved party.
As to who may avail of the remedy
Filed by the party for whose Filed by the aggrieved party or by Filed by the aggrieved party, but
relief it is intended or by some any qualified person or entity in the in cases of extralegal killings and
person on his behalf. following order: enforced disappearances, may be
(1) any member of the immediate filed by:
family of the aggrieved party, (1) any member of the immediate
i.e spouse, children, and parents; family of the aggrieved party,
(2) any ascendant, descendant, or i.e spouse, children, and parents;
collateral relative of the aggrieved (2) any ascendant, descendant, or
party within the fourth civil degree collateral relative of the aggrieved
of consanguinity or affinity; party within the fourth civil degree
(3) any concerned citizen , organi- of consanguinity or affinity.
zation, association, or institution
(right to file is successive).
As to Venue
Filed before: Filed before: Filed before:
(1) RTC or any judge thereof, (1) RTC of the palce where the (1) RTC where the petitioner re-
(2) CA or any member thereof threat, act, or omission was commit- sides, or that which has jurisdic-
in instances authorized by law, ted or any of its elements occurred; tion over the place where the
and (2) Sandiganbyan or any justice data or information is gathered,
(3) SC or any member thereof thereof collected, or stored, at the option
(3) SC or any justice thereof of the petitioner;
(2) SC , CA, or Sandiganbayan
when the action concerns pub-
lic data files or government
offices.
As to where enforceable
If granted by SC or CA or any The writ shall be enforceable any- The writ shall be enforceable any-
member of such courts, is it en- where in the Phils. Regardless of where in the Phils. Regardless of
forceable anywhere in the Phils.; who issued the same who issued the same
If granted by the RTC or a judge If issued by the RTC or any judge If issued by the RTC or any judge
thereof, it is enforceable only thereof, it is returnable before such thereof, it is returnable before such
within his judicial district. court or judge. court or judge.
If issued by the Sandiganbayan or If issued by the Sandiganbayan or

CA or any of their justices, it may CA or any of their justices, it may
be returnable before such court or be returnable before such court or
any justice thereof, or to any RTC of any justice thereof, or to any RTC
the place where the threat, act, or of the place where the petitioner
omission was committed or any of or respondent resides or that which
its elements occurred. has jurisdiction over the place where
the data or information is gathered,
If issued by the SC or any of its collected, or stored.
justices, it may be returnable before
such Court or any justice thereof or If issued by the SC or any of its
the Sandiganbayan or CA or any of justices, it may be returnable before
their justices, or to any RTC of the such Court or any justice thereof or
place where the threat, act, or the Sandiganbayan or CA or any of
omission was committed or any of their justices, or to any RTC of
its elements occurred. the place where the petitioner or
respondent resides or that which
has jurisdiction over the place where
the data or information is gathered,
collected, or stored.
As to when hearing is conducted

Date and time of hearing is Summary hearing shall be conducted Summary hearing shall be conducted
specified in the writ not later than 7 days from the date not later than 10 work days from the
of the issuance of the writ date of the issuance of the writ
As to whom served
Served to the person to whom Served upon the respondent perso- Served upon the respondent perso-
it is directed and if not found or nally, but if it cannot be served per- nally, but if it cannot be served per-
has not the prisoner in his cus- sonally, the rule on substituted sonally, the rule on substituted
tody, to the other person having service shall apply. service shall apply.
or exercising such custody
As to neglect or refusal to make a return

If the person to whom the writ is If the respondent refuses to make a If the respondent refuses to make a
directed neglects or refuses to return or make a false return, he return or make a false return, he
obey or makes a false return may be punished with imprisonment may be punished with imprisonment
thereof, or who, upon demand or fine for committing contempt. or fine for committing contempt.
made by or on behalf of the pri-
soner, 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 shallf forfeit
to the party aggrieved the sum of
Php 1,000 and may be punished
for contempt.
As to quantum of proof
Clear and convincing evidence Substantial evidence Substantial evidence

Habeas Corpus, Writ of Amparo, and Habeas Data Distinguished: Habeas Corpus Writ of Amparo Habeas Data

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Habeas Corpus, Writ of Amparo, and Habeas Data Distinguished:

Habeas Corpus Writ of Amparo Habeas Data

There is an actual violation of There is an actual or threatened There is an actual or threatened

As to who are respondents

As to who may avail of the remedy

If issued by the Sandiganbayan or If issued by the Sandiganbayan or

As to when hearing is conducted

As to neglect or refusal to make a return

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