SPECIAL WRITS

WRIT OF HABEAS WRIT OF AMPARO WRIT OF HABEAS DATA WRIT OF KALIKASAN

CORPUS

GOVERNING LAW RULE 102, ROC A.M. No. 07-9-12-SC A.M. No. 08-1-16-SC RULE 7, ROP OF ENVIRONMENTAL
PROCEDURES

EFFECTIVITY July 1, 1997. October 24, 2007. February 2, 2008. April 13, 2010

COVERAGE All cases of illegal Any person whose right to life, Any person whose right to privacy in Available when the constitutional
confinement or detention: liberty, and security is violated or life, liberty, and security is violated or right to a balanced and healthful
1. by which any person is threatened with violation by an threatened with violation by an ecology is violated, or threatened
deprived of his liberty; unlawful act or omission of a public unlawful act or omission of a public with violation by an unlawful act or
or official or employee, or of a private official or employee, or of a private omission of a public official or
2. by which the rightful individual or entity. individual or entity engaged in: employee, or private individual or
custody of any person is 1. Gathering entity, involving environmental
withheld from the 2. Collecting damage of such magnitude as to
person entitled thereto 3. Storing of data or information prejudice the life, health or property
regarding the person, family, of inhabitants in two or more cities
home, and correspondence of the or provinces.
aggrieved party.

WHO MAY FILE 1. The party for whose 1. The aggrieved party; or 1. The aggrieved party; or 1. A natural person or
relief it is intended; or 2. Any qualified person or entity in 2. In cases of extralegal killings and 2. A juridical person, entity authorized
2. Some other person in the following order: enforced disappearances: by law, People’s organization, non-
his behalf a. Any member of the a. Immediate Family governmental organization, or any
immediate family b. Any ascendant, descendant public interest group accredited by or
b. Any ascendant, descendant or collateral relative within registered with any government
or collateral relative within the fourth civil degree of agency, on behalf of persons whose
the fourth civil degree of consanguinity or affinity constitutional right to a balanced and
consanguinity or affinity healthful ecology is violated, or
c. Any concerned citizen, threatened with violation
organization, association or
institution

TO WHOM WRIT IS 1. If imprisonment or restraint ---- ---- ----

DIRECTED is by an officer, the writ shall
be directed to him; or
2. If imprisonment or restraint
is by a person not an officer,
the writ shall be directed to
an officer

REQUISITES OF Signed and Verified Signed and Verified Verified Written Petition Verified Written Petition
PETITION

CONTENTS OF (a) That the person in whose (a) The personal circumstances of the (a) The personal circumstances of the (a) The personal circumstances of the

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 PETITION behalf the application is petitioner; petitioner and the respondent; petitioner;
made is imprisoned or (b) The name and personal (b) The manner the right to privacy is (b) The name and personal
restrained of his liberty; circumstances of the respondent violated or threatened and how it circumstances of the respondent or if
(b) The officer or name of the responsible for the threat, act or affects the right to life, liberty or the name and personal circumstances
person by whom he is so omission, or, if the name is unknown security of the aggrieved party; are unknown and uncertain, the
imprisoned or restrained; or, or uncertain, the respondent may be (c) The actions and recourses taken by respondent may be described by an
if both are unknown or described by an assumed appellation; the petitioner to secure the data or assumed appellation;
uncertain, such officer or (c) The right to life, liberty and security information; (c) The environmental law, rule or
person may be described by of the aggrieved party violated or (d) The location of the files, registers regulation violated or threatened to be
an assumed appellation, and threatened with violation by an or databases, the government office, violated, the act or omission
the person who is served unlawful act or omission of the and the person in charge, in complained of, and the environmental
with the writ shall be deemed respondent, and how such threat or possession or in control of the data or damage of such magnitude as to
the person intended; violation is committed with the information, if known; prejudice the life, health or property of
(c) The place where he is so attendant circumstances detailed in (e) The reliefs prayed for, which may inhabitants in two or more cities or
imprisoned or restrained, if supporting affidavits; include the updating, rectification, provinces.
known; (d) The investigation conducted, if any, suppression or destruction of the (d) All relevant and material evidence
(d) A copy of the commitment specifying the names, personal database or information or files kept by consisting of the affidavits of
or cause of detention of such circumstances, and addresses of the the respondent. witnesses, documentary evidence,
person, if it can be procured investigating authority or individuals, In case of threats, the relief may scientific or other expert studies, and if
without impairing the as well as the manner and conduct of include a prayer for an order enjoining possible, object evidence;
efficiency of the remedy; or, if the investigation, together with any the act complained of; and (e) The certification of petitioner under
the imprisonment or restraint report; (f) Such other relevant reliefs as are oath that: (1) petitioner has not
is without any legal authority, (e) The actions and recourses taken just and equitable commenced any action or filed any
such fact shall appear. by the petitioner to determine the fate claim involving the same issues in any
or whereabouts of the aggrieved party court, tribunal or quasi-judicial agency,
and the identity of the person and no such other action or claim is
responsible for the threat, act or pending therein; (2) if there is such
omission; and other pending action or claim, a
(f) The relief prayed for. complete statement of its present
status; (3) if petitioner should learn
that the same or similar action or claim
has been filed or is pending, petitioner
shall report to the court that fact within
five (5) days therefrom; and
(f) The reliefs prayed for which may
include a prayer for the issuance of a
TEPO.

VENUE 1. SC 1. RTC of the place where the 1. RTC SC or CA

2. RTC threat, act, or omission was - Where the petitioner resides
- where plaintiff resides or committed, or any of its elements - Where the respondent resides
- where defendant resides. In occured. - Which has jurisdiction over the place
case of non-resident 2. SC, CA, and SB where data or information is gathered,
defendant, where he may be etc. All at the option of the petitioner
found, at the election of the 2. SC or CA or the SB when the action
plaintiff. concerns public data files of
government offices

EXTENT OF 1. If issued by SC, CA, SB: Anywhere in the Philippines Anywhere in the Philippines ----

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 ENFORCEABILITY Anywhere in the
Philippines
2. If issued by RTC: Within
its Judicial District

WHEN TO FILE Any day and at any time Any day and at any time ---- ----

DOCKET FEES AND ---- Exempt Exemption only applies to an indigent Exempt
OTHER LAWFUL FEES petitioner

WHEN ISSUED When it appears it ought to When in its face ought to issue When in its face ought to issue Within 3 days from the date of filing of
be issued immediately immediately immediately. However, there should be the petition, if the petition is sufficient
service within 3 days. in form and substance

SUMMARY HEARING Hearing on return Not later than 7 days from the date of Not later than 10 days from the date of Upon return
issuance (codal) issuance
only after the Return is filed (De Lima
v. Gatdula)

MANNER OF SERVICE Made by leaving the original ● Personal Service ● Personal Service ● Personal Service
with the person to whom it is ● If not, Substituted Service ● If not, Substituted Service ● If not, Substituted Service
directed and preserving a
copy on which to make return
of service.
● If such person cannot
be found, or was not the
prisoner in custody,
service shall be made
on any person having or
exercising such custody

PENALTIES 1. Clerk of Court who 1. Clerk of Court who refuses to 1. Clerk of Court who refuses to 1. Clerk of Court who refuses to
refuses to issue the writ issue the writ issue the writ issue the writ
2. Person to whom the writ 2. Deputized person who refuses to 2. Deputized person who refuses to 2. Deputized person who refuses to
is directed, who serve the same serve the same serve the same
neglects or refuses to
obey or make return or Penalty: Penalty: Penalty:
makes false return, Contempt without prejudice to other Contempt without prejudice to other Contempt without prejudice to other
refuses to deliver to disciplinary actions disciplinary actions disciplinary actions
person demanding
within 6 hours 1. Respondent who refuses to make 1. Respondent who refuses to make 1. Respondent who refuses to make a
a return, or makes a false return a return, or makes a false return return, or makes a false return
Penalties: 2. Any person who disobeys or 2. Any person who disobeys or 2. Any person who disobeys or resists
● Forfeit to the party resists a lawful process or order resists a lawful process or order a lawful process or order of the court
aggrieved P1,000, to be of the court of the court
recovered in a proper Penalties:
action Penalties: Penalties: ● Contempt
● Contempt ● Contempt ● Contempt ● Imprisonment

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 ● Imprisonment ● Imprisonment ● Fine
● Fine ● Fine

WHEN A RETURN ---- Within 72 hours after service of the writ Within 5 working days from service of Within a non-extendible period of 10
MUST BE FILED the writ, which period may be days after service of the writ
reasonably extended by the Court for
justifiable reasons

WHEN DEFENSES ---- ---- 1) Where the respondent invokes ----

MAY BE HEARD IN the defense that the release of
CHAMBERS the data or information in
question shall compromise
national security or state secrets;
or
2) When the data or information
cannot be divulged to the public
due to its nature or privileged
character.

PROHIBITED ---- (1) Motion to dismiss; (1) Motion to dismiss; (1) Motion to dismiss;
PLEADINGS AND (2) Motion for extension of time to file (2) Motion for extension of time to file (2) Motion for extension of time to file
MOTIONS return, return, return;
opposition, affidavit, position paper opposition, affidavit, position paper (3) Motion for postponement;
and and (4) Motion for a bill of particulars;
other pleadings; other pleadings; (5) Counterclaim or cross-claim;
(3) Dilatory motion for postponement; (3) Dilatory motion for postponement; (6) Third-party complaint;
(4) Motion for a bill of particulars; (4) Motion for a bill of particulars; (7) Reply; and
(5) Counterclaim or cross-claim; (5) Counterclaim or cross-claim; (8) Motion to declare respondent in
(6) Third-party complaint; (6) Third-party complaint; default.
(7) Reply; (7) Reply;
(8) Motion to declare respondent in (8) Motion to declare respondent in
default; default;
(9) Intervention; (9) Intervention;
(10) Memorandum; (10) Memorandum;
(11) Motion for reconsideration of (11) Motion for reconsideration of
interlocutory interlocutory orders or interim relief
orders or interim relief orders; and orders; and
(12) Petition for certiorari, mandamus (12) Petition for certiorari, mandamus
or or
prohibition against any interlocutory prohibition against any interlocutory
order. order.

EFFECT OF FAILURE ---- The court, justice, or judge shall The court, justice, or judge shall The court shall proceed to hear the
TO FILE A RETURN proceed to hear the petition ex parte proceed to hear the petition ex parte, petition ex parte.
granting the petitioner such relief as
the petition may warrant

INTERIM RELIEFS 1. Court Order for the 1. Temporary Protection Order ---- 1. Ocular Inspection Order

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 safekeeping of the 2. Inspection Order 2. Production or inspection of
person imprisoned or 3. Production Order documents or things Order
restrained as the nature 4. Witness Protection Order
of the case requires
2. Court or judge must be
satisfied that the
person’s illness is so
grave that he cannot be
produced without any
danger

JUDGMENT When the court or judge is The court shall render judgment within The court shall render judgment within The court shall render judgment within
satisfied that the person is 10 days from the time the petition is 10 days from the time the petition is 60 days from the time the petition is
unlawfully imprisoned or submitted for decision. submitted for decision. submitted for decision granting or
restrained, an order for the denying the writ.
discharge from confinement If proven by substantial evidence, the If proven by substantial evidence, the
shall be made, but shall be court shall grant the privilege of the court shall enjoin the act complained Reliefs that may be granted under the
effective only after service of writ and such reliefs as may be proper of, or order the deletion, destruction, or writ:
a copy of the order to officer and appropriate. rectification of the erroneous data or (a) Directing respondent to
or person detaining the information and grant other relevant permanently cease and desist from
prisoner. If the latter does not reliefs as may be just and equitable committing acts or neglecting the
want to appeal, prisoner shall performance of a duty in violation of
be released. Upon finality, the judgment shall be environmental laws resulting in
enforced by the sheriff or any lawful environmental destruction or damage;
officer designated within 5 working (b) Directing the respondent public
days. official, government agency, private
person or entity to protect, preserve,
rehabilitate or restore the environment;
(c) Directing the respondent public
official, government agency, private
person or entity to monitor strict
compliance with the decision and
orders of the court;
(d) Directing the respondent public
official, government agency, or private
person or entity to make periodic
reports on the execution of the final
judgment; and
(e) Such other reliefs which relate to
the right of the people to a balanced
and healthful ecology or to the
protection, preservation, rehabilitation
or restoration of the environment,
except the award of damages to
individual petitioners.

APPEAL W/in 48 hours from notice of W/in 5 working days from date of W/in 5 working days from date of W/in 15 days from the date of notice of
judgment appealed from notice of adverse judgment or final notice of adverse judgment or final the adverse judgment or denial of MR
order order to the SC

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 via ordinary appeal via Rule 45 of the Rules of Court
via Rule 45 of the Rules of Court via Rule 45 of the Rules of Court
Appeal may raise questions of fact.
Appeal may raise questions of fact or Appeal may raise questions of fact or
law or both law or both Same priority as habeas corpus cases
Same priority as habeas corpus cases Same priority as habeas corpus cases

ARCHIVING AND ---- If upon the court’s determination it ---- ----

REVIVAL OF CASES cannot proceed for a valid cause such
as the failure of petitioner or witness to
appear due to threats on their lives,
the court shall not dismiss the petition,
but shall archive it.

NOTE: The petition shall be dismissed

with prejudice upon failure to
prosecute the case after lapse of 2
years from notice to the petitioner of
the order archiving the case.

INSTITUTION OF ---- Does not preclude the filing of Does not preclude the filing of Does not preclude the filing of
SEPARATE ACTIONS separate criminal, civil, or separate civil, criminal or separate civil, criminal or
administrative actions. administrative actions administrative actions

EFFECT OF FILING ---- ● No separate petition for the writ ● No separate petition for the writ ----
CRIMINAL ACTION shall be filed. shall be filed.
● The relief under the writ shall be ● The relief under the writ shall be
available to an aggrieved party by available to an aggrieved party by
motion in the criminal case. motion in the criminal case.

CONSOLIDATION ---- ● When a criminal action is filed ● When a criminal action is filed ----
subsequent to the filing of a subsequent to the filing of a
petition for the writ, the latter shall petition for the writ, the latter shall
be consolidated with the criminal be consolidated with the criminal
action. action.
● When a criminal action and a ● When a criminal action and a
separate civil action are filed separate civil action are filed
subsequently, petition for Writ of subsequently, petition for Writ of
Amparo shall be consolidated Habeas Data shall be
with the criminal action. consolidated with the criminal
action.

SUBSTANTIVE ---- The Rule does not diminish, increase, The Rule does not diminish, increase, ----
RIGHTS or modify substantive rights or modify substantive rights.
recognized and protected by the
Constitution.

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 SUPPLETORY In absence of special Rules of Court shall apply suppletorily Rules of Court shall apply suppletorily ----
APPLICATION OF provisions, the rules for insofar as it is not inconsistent. insofar as it is not inconsistent.
RULES OF COURT ordinary actions shall be
applicable as far as
practicable

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