Writ of Habeas Corpus
special proceeding
Natures and Functions of the Writs
Exhaustion of Remedies
Coverage of Rights
Writ of Amparo
some courts denominate it as a special
proceeding
Writ of Habeas Data
may be availed of in case of illegal confinement may be availed in case of violations or threats may be availed in case of violations
or the rightful custody of any person is withheld of violations of the constitutional rights to life, or threats to the right to privacy in
from the person entitled thereto.
liberty and security
life, liberty or security
As a rule, the writs may not be availed of if there is an available remedy in the ordinary course
of law. However, an EXCEPTION is when there is an exceptional circumstance to warrant
otherwise.
Right to liberty
Right to life, liberty and security
Right to privacy in life, liberty and
security
The ordinary rules on locus standi does not apply to both habeas corpus and amparo which
are governed by the liberal rules.
The aggrieved party may file the
may be instituted by the party whose relief it is may be instituted by the aggrieved party or by petition for writ of habeas corpus. In
intended or by any person on his behalf; may any qualified person or entity in the following cases of extralegal killings and
be in the nature of class suit
order:
enforced disappearances, it may be
filed by:
any member of the immediate family, namely any member of the immediate family,
the spouse, children and parents of the
namely the spouse, children and
aggrieved party
parents of the aggrieved party
Locus Standi
any ascendant, descendant or collateral
Jurisprudence shows that the following may file relative of the aggrieved party within the 4th
a petition for habeas corpus: immediate
civil degree of consaguinity or affinity, in
relatives;boardmate; sweetheart; fiancee;
default of those mentioned in the preceding
common-law spouse
paragraph
any ascendant, descendant or
collateral relative of the aggrieved
party within the 4th civil degree of
consaguinity or affinity, in default of
those mentioned in the preceding
paragraph
any concerned citizen,
organization,association or institution, if there
is no known member of the immediate family
or relative of the aggrieved party
The petition should allege the ff:
Contents
The petition should aver the ff:
1. The person in whose behalf the action is filed 1. The personal circumstances of petitioner
The petition should contain the ff:
1. The personal circumstances of the
petitioner and the respondent
Contents
2. The officer or name of the person detaining
him/her if known, or if unknown he/she may be
descirbed by an assumed appellation and the
person is served with the writ shall be deemed
the person intended
2. The name and personal circumstances of
the respondent responsible for the threat, act
or omission, or if the name is unknown or
uncertain, the respondnet may be described
by an assumed appellation
3. The place where the person is detained
3. The right to life, liberty and security of the
aggrieved party violated or threatened with
3. The actions and recourses taken
violation by unlawful act or omission of the
by the petitioner to secure the data or
respondent, and hpw such threat or violation
information
is committed with the attendant circumstances
detailed in supporting affidavits
4. Copy of the commitment or the cause of his
detention, if it can be procured without impairing
the efficiency of the remedy; or if the detention
is without any legal authority, such fact shall
appear.
4. The investigation conducted, if any,
specifying the names, personal circumstances
and addresses of the investigating authority or
individuals, as well as the manner and
conduct of the investigation together with any
report
4. The location of the files, registers
or databases, the gov't office and the
person in charge, in possession or in
control of the data or information, if
known
5. The actions and recourses taken by the
petitioner to determine the fate or
whereabouts of the aggrieved party and the
identity of the person responsible for the
threat, act, or omission and the relief prayed
for
5. The reliefs prayed for, which may
include the updating, rectification,
suppression or destruction of the
database or information or files kept
by the respondent. In case of
threats , the relief may include a
PRAYER FOR AN ORDER
ENJOINING THE ACT
COMPLAINED OF
2. The manner the right to privacy is
violated or threatened and how it
affects the right to life, liberty or
security of the aggrieved party
Both petitions must be verified in order to assure that the allegations are true and correct and
6. Such other relevant reliefs as are
not the offshoot of speculation or imagination and that the pleading is filed in good faith or is
just and equitable
the consequence of a legitimate grievance or indignation that demands redress.
Reliefs Prayed For
release of the detainee from the custody of
respondent; vacating the decision of the court
that acted without jurisdiction; declaration of
nullity of a statute upon which the penalty or
detention is based
release of a detainee (in enforced
disappearanc) from detention and an
injunction of acts that violate or threaten to
violate the person's life, liberty and security
both petitions do not include claims for civil damages
the updating, rectification,
suppression or destruction of the
database or information or files kept
by thhe respondent; in case of
threats, the relief may include a
PRAYER FOR AN ORDER
ENJOINING THE ACT
COMPLAINED OF
Technical rules should not defeat substancial justice. Although verification is a mandatory
requirement, it is not jurisdictional and its interpretation may be relaxed in the interest of
substancial justice. Technical rules of procedure are tools to promote, not to frustrate justice.
While the petition for the writ is required to be verified, the DEFECT IN FORM is NOT FATAL.
Liberty is so fundamental that it cannot be subservient to technicality.
Formal Requirements: Verification and
Certification Against Forum Shopping The ROC requirement for a certification of non-forum shopping for complaints and initiatory
pleadings applies to special proceedings, the absence of which is not a ground for dismissal. A
habeas petition, as stated, is in the nature of a special proceeding. While there is no specific
procedural rule denominating amparo as a special proceeding, it is submitted that an amparo
petition may not be dismissed on account of the absence of certification against forum
shopping.
may be filed only on a working day, during
Time of Filing
may be filed at any day, any time
working hours
Payment of Docket Fees
Venue: Where to file
Enforceability
Docket fees are required in habeas corpus
Exempt from docket fees making it more
accessible to indigent litigants
ONLY INDIGENT LITIGANTS are
exempted from docket fees; proof of
indigency must be submitted within
15 days from the filing of the petition
They may be filed before the RTC,CA or SC w/o need to observe the rule on the hiearchy of
courts.
RTC where the petitioner/respondent
resides or that w/c has jurisdiction
over the place where the data or info
is gathered, collected or stored
(optional to petitioner)
May be filed with the Family Court if the petition
involves the rightful custody of minors. In the
absence of RTC Judges in a province or city,
May be fied with the Sandiganbayan (public
any Metropolitan TC Judge, MTC Judge or
officials and employees are more likely to be
MCTC Judge may hear and decide petitions for
the respondents
write of habeas corpus or petition for bail in
criminal cases in the province or city where the
absent RTC judge sit.
SC, CA, Sandiganbayan when the
action concerns public data files of
the gov't offices.
enforceable anywhere ONLY IF issued by the
SC or CA; a writ granted by the RTC is
enforceable anywhere in the PH regardless of
enforceable only within the district; those issued
enforceable anywhere in the PH
the Court which issued it.
by the MTC is enforceable only within its
jurisdiction
Respondents
Liability Attribution
private actors
It is clear who may be impleaded: the persons
or persons detaining another or who do not
have rightful custody of the latter
public official or employee/private
individual or entity ENGAGED in the
GATHERING, COLLECTING or
public and private actors (artificial or natural) STORING OF DATA or
INFORMATION regarding person,
family, home and correspondence of
the aggrieved party.
An entity or person who authored the
enforced disappearance, extrajudicial killing,
violation or threats of violation of the life,
liberty and securtiy of an individual may be
liable.
Those who are responsible for investigating the violation or threats of violation of life, liberty
and security or the enforced disappearance or extrajudicial killing of a person should also be
impleaded.
Command Responsibility
The concept of command responsibility does
not apply in habeas corpus
Command Responsibility applies if one goes
by the SC's pronouncement in Razon vs.
Tagitis: Those in command are responsible
for ensuring that extrairdinary diligence is
exercised in addressing enforeced
disapperance and extrajudicial killings. Should
their subordinates fail to exercise such degree
of diligence, they should be accountable for
the conduct of further investigation.
General Denials
allowed
if the respondents are not detaining nor
restraining the applicants or the person in
whose behalf the petition for HC is filed, then
the petition should be dismissed.
not allowed
Contempt and Punishment
not allowed
Failure to make a return or submission of a false return may be a ground for the imposition of fine or imprisonment
Interim Reliefs Available
may be issued without a hearing; a motion praying
for a protection order need not be verified
provides for interim or preliminary reliefs for
the petitioner upon the filing of the petition or
any time prior to final judgment.
2 reliefs available on motion or motu proprio
intended to secure the safety of the
petitioners or aggrieved parties, their
immediate families and witnesses:
1. Temporary Protection Order
2. Witness Protection Order
must comply with the particularity rule
Interim Reliefs Available
2 reliefs w/c may be granted upon verified
motion and hearing intended to aid the court
in gathering evidence:
1. Inspection Order
directs any person in custody of effects which
constitute or contain evidence relevant to the petition
2. Production Order
or return to produce and permit their inspection; does
not authorize seizure of objects
given priority than habeas corpus; involves
swifter proceedings
Immediate Order Requirement
Filing of return
Hearing
Prohibited Pleadings
Nature of Proceeding
Period to decide
Appeal
There is no requirement for immediate order
but the clerk of court must immediately issue
the writ upon being ordered.
Upon receipt of a petition, the amparo court,
Upon filing of the petition, the court,
justice, or judge shall docket it and act
justice or judge shall immediately
immediately, ordering the issuance of the writ
order the issuance of the writ if on its
if, on the face of the petition, it ought to issue.
face it ought to issue.
Filing of the return is on the day specified in the Filing of verified return is within 5 working
writ
days after service of the writ.
Held on the date and time specified in the writ
with no requirement that it be held from day to
day.
none
Conducted not later than 7 days from the date
of issuance of the writ and shall be held from
day to day until until completed because time
cannot stand still when life, liberty, or security
is at stake.
Filing of verified return is within 5
working days after service of the writ.
Conducted not later than 10 days
from the date of issuance. A
preliminary conference may be
ordered to simplify the issues.
(a)motion to dismiss; (b) motion for extension to file a return; (c) Dilatory Motion for
Postponement; (d) Motion for a Bill of Particulars; (e) Counterclaim or cross-claim; (f)
Third-party complaint; (g) Reply; (h) Motion to declare respondent in default; (i)
Intervention; (j) Memorandum; (k) Motion for reconsideration of interlocutory orders
or interim relief orders; (l) Petition for certiorari, mandamus or prohibition against any
interlocutory order.
summary in nature
Both the petition and the return should be accompanied by sworn statements of witnesses and
all defenses not pleaded in the answer shall be deemed waived.
must be decided by the court within 10 days
from the time it is submitted for decision
Within 10 days from the time the
petition is submitted for decision.
final judgment or final order may be appealed directly to the SC under Rule 45
Period of Appeal
The Writ and Criminal Cases
48 hrs. from receipt of decision (jurisdictional
requirement); an appeal filed out of time may be 5 working days from date of notice of adverse judgment; if appeal is made to the SC,
it follows the 15-day period within which to appeal (Rule 45)
sought to be dismissed at any stage of the
proceedings in the appellate court.
Commencement of criminal action - bars the
With pending criminal case for which one is
If criminal action is commenced, no
filing of a separate action for amparo. An
detained- he or she cannot apply for the writ
separate petition for the writ shall be
amparo petition filed separately from a
however this is not absolute
filed.
pending criminal action is dismissible.
If the filing of the habeas data petition
If the filing of the amparo petition precedes
W/O pending case but during the pendency of
precedes the criminal action, the
the criminal action, the former shall be
the HC petition an infor is filed against him/her former shall be consolidated with the
consolidated with the latter
petition become MOOT AND ACADEMIC
latter
The relief under habeas data shall be
The writ will lie in the ff cases despite pendency Reliefs shall be availed of by motion in the
available only by motion on the
of criminal case:
criminal case.
criminal case.
a. when the court has no jurisdiction to impose
the sentence or on the subject matter or over
the person of the accused
b. When the trial of an accused has been
postponed for an unreasonable length of time to
the prejudice and objection of the applicant
The Writ and Non-Criminal Cases
c. when there is excessive penalty or where the
imposed penalty has no basis in law or where
the bond imposed is excessive
d. during the pendency of a criminal action to
determine the constitutionality of a statute,
subject to the cardinal rule that the
constitutional issue is raised at the earliest
opportunity
does not lie where the petitioner has the
remedy of appeal or certiorari because it will not
be permitted to perform functions of a writ of
error or appeal for the purpose of reviewing
mere errors or irregularities in the proceedings
of a court having jurisdiction over the person
and the subject matter
may be used with the writ of certiorari for the
purpose of review
shall continue to apply in the disposition of the
prayer for reliefs of the petition; if both a
criminal and a civil action are filed after
amparo is instituted, the petition is
consolidated only with the criminal case. The
civil case shall proceed independently
if both a criminal and a civil action
are filed after habeas data petition is
instituted, the petition is consolidated
only with the criminal case. The civil
case shall proceed independently.
Archiving and Dismissal
dismissible when there is insufficient evidence
to trump the legality of detention or to rebut the
respindent's general denial of custody of the
desaparecido
no provision on archiving
A petition should be archived rather than
dismissed if upon its determination it cannot
proceed for a valid cause. While archived, the
courts must review it periodically. It may be
revived withing 2 yrs from the time notice of
the archiving was received by petitioner.
not all amparo cases are for archiving; only
those which cannot proceed on account of
valid cause may be archived.
Res judicata does not apply in habeas corpus and amparo
The Inapplicability of Res Judicata
Habeas Corpus and Amparo in
Emergency Situations
Ground for Seeking Release
It does not apply to HC because what is at stake is either the life, liberty or security of a person
who is a victim of potential or actual enforced disapperance or summary execution.
Abuse of Writ Doctrine - may be applied by the courts to junk petitions that seek nothing but
vex and harass a party.
Comprises a whole series of remedies and
that habeas corpus is but one of its
only a subset of amparo
components.
Larger and independent remedy
suspension of the privilege of the writ of habeas corpus has no bearing on the writ of amparo
no separate petitions for amparo and habeas corpus may be instituted simultaneously or
successively to seek the release of detainee.
threat of extrajudicial killing or enforced
illegality of detention
disapperance that ensues the deprivation of
liberty.