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Habeas Corpus, Amparo, Habeas Data, Kalikasan Comparison

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HABEAS CORPUS
Literal interpretation
“You have the body”
(Latin)
Governing Rule
Rule 102
1997
Definition
Writ directed to the
person detaining
another, commanding
him to produce the
body of the prisoner
at a designated time
and place, with the
day and cause of his
capture and
detention, to do,
submit to, and receive
whatsoever the court
or judge awarding the
writ shall consider in
that behalf.
It is a special
proceeding
AMPARO
“To protect”
(Spanish)
A.M. No. 07-9-12-SC
Sept. 25, 2007
Remedy available to
any person whose
right to life, liberty,
and security is
violated or
threatened with
violation by an
unlawful act or
omission of a public
official or
employee, or of a
private individual or
entity.
The writ covers
extralegal killings
and enforced
disappearances or
threats thereof
It is a special
proceeding
TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN
HABEAS DATA
KALIKASAN
person is deprived of
violation by an
his liberty; or
unlawful act or
omission of a public
“You have the data”
It is a Filipino word
2. By which the
official or
(Latin)
which means “nature”
rightful custody of any employee, or of a
in English
person is withheld
private individual or
from the person
entity.
A.M. No. 08-1-16-SC
Part III, Rule 7, A.M.
entitled thereto.
Feb. 2, 2008
No. 09-6-8-SC; 2010
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, collecting,
or storing of data or
information regarding
the person, family,
home and
correspondence of the
aggrieved party.
It is a special
proceeding
Special remedy
available
to a natural or juridical
person, entity
authorized by law,
people’s organization,
non-governmental
organization, or any
public interest group
accredited by or
registered with any
government agency, on
behalf of persons
whose constitutional
right to a balanced and
healthful ecology is
violated, or threatened
with violation by an
unlawful act or
omission of a public
official or employee, or
private individual or
entity, involving
environmental damage
of such magnitude as
to prejudice the life,
health or property of
inhabitants in two or
more cities or
provinces.
1. By which any
Escudero
(Sec. 1)
To any person
whose right to life,
liberty and security
is violated or
threatened with
(Sec. 1)
To any person whose
right to privacy in life,
liberty and security is
violated or threatened
with violation by an
Constitutional right to
a balanced and
healthful ecology.
1. Gathering
2. Collecting
3. Storing
Of data or information
regarding the person
family, home and
correspondence of the
aggrieved party.
Rights violated
There is an actual
violation of the right
to liberty of and
rightful custody by
the aggrieved party.
Venue/Where to file
If filed with RTC or
any judge thereof:
where the detainee is
detained
SB in aid of its
appellate jurisdiction;
CA or any member in
instances authorized
by law; or SC or any
member thereof; MTC
in exercise of special
jurisdiction; FC in
cases of custody of
minors
It is a special civil
action
Availability/Coverage
(Sec. 1)
To all cases of illegal
confinement or
detention:
unlawful act or
omission of a public
official or employee,
or of a private
individual or entity
engaged in:
Contents of the petition
(Sec. 3)
Application for the
writ shall be by
petition signed and
verified either by the
party for whose relief
(Sec. 1)
There is an actual
or threatened
violation of the
aggrieved party’s
right.
(Sec. 1)
There is an actual or
threatened violation
of the aggrieved
party’s right.
There is an actual or
threatened violation of
one’s right to a
healthful and balanced
ecology involving
environmental
damage.
(Sec. 3)
If filed with RTC: the
place where the
threat, act or
omission was
committed or any
of its elements
occurred;
(Sec. 3)
If filed with RTC:
where the 1.
petitioner or 2.
respondent resides; or
that 3. which has
jurisdiction over the
place where the data
or information is
gathered, collected or
stored, at the option
of the petitioner;
In SC or any stations of
the CA.
SB or any justice
thereof only insofar
as respondents are
public officers or
employees; CA or
any justice thereof;
SC or any justice
thereof.
(Sec. 5)
The petition shall be
signed and verified
and shall allege the
following:
a. The personal
SC, CA or SB when the
action concerns public
data files or
government offices.
(Sec. 6)
A verified written
petition for a writ of
habeas data should
contain:
(Sec. 2)
The verified petition
shall contain the
following:
(a) The personal
circumstances of the
1
it is intended, or by
some person on his
behalf, and shall set
forth:
(a) That the person in
whose behalf the
application is made is
imprisoned or
restrained on his
liberty;
(b) The officer or
name of the person
by whom he is so
imprisoned or
restrained; or, if both
are unknown or
uncertain, such officer
or person may be
described by an
assumed appellation,
and the person who is
served with the writ
shall be deemed the
person intended;
(c) The place where
he is so imprisoned or
restrained, if known;
(d) A copy of the
commitment or cause
of detention of such
person, if it can be
procured without
impairing the
efficiency of the
remedy; or, if the
imprisonment or
restraint is without
any legal authority,
such fact shall appear.
Escudero
circumstances of
the petitioner;
b. The name and
personal
circumstances of
the respondent
responsible for the
threat, act or
omission, or, if the
name is unknown or
uncertain, the
respondent may be
described by an
assumed
appellation;
c. The right to life,
liberty and security
of the aggrieved
party violated or
threatened with
violation by an
unlawful act or
omission of the
respondent, and
how such threat or
violation is
committed with the
attendant
circumstances
detailed in
supporting
affidavits;
d. 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;
e. The actions and
recourses taken by
the petitioner to
determine the fate
TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN
petitioner;
or whereabouts of
(a) The personal
(b) The name and
the aggrieved party
circumstances of the
personal circumstances
and the identity of
petitioner and the
of the respondent or if
the person
respondent;
the name and personal
responsible for the
circumstances are
threat, act or
(b) The manner the
unknown and
omission; and
right to privacy is
uncertain, the
f. The relief prayed
violated or threatened respondent may be
for.
and how it affects the
described by an
right to life, liberty or
assumed appellation;
The petition may
security of the
(c) The environmental
include a general
aggrieved
law, rule or regulation
prayer for other just
party; chanrobles
violated or threatened
and equitable
virtual law library
to be violated, the act
reliefs.
or omission
Petitioner/Who may file a petition
(c) The actions and
complained of, and the
(Sec. 3)
(Sec. 2)
recourses taken by the environmental damage
1. By the party for
GR: By the
petitioner to secure
of such magnitude as
whose relief it is
aggrieved party
the data or
to prejudice the life,
intended; or
information;
health or property of
EXPN: By any
inhabitants in two or
2. By any person on
qualified
(d) The location of the
more cities or
his behalf
person/entity in the
files, registers or
provinces.
following order:
databases, the
(d) All relevant and
a. Any member of
government office,
material evidence
the immediate
and the person in
consisting of the
family
charge, in possession
affidavits of witnesses,
b. Any ascendant,
or in control of the
documentary evidence,
descendant, or
data or information, if
scientific or other
collateral relative of
known;
expert studies, and if
the aggrieved party
possible, object
within the 4th civil
(e) The reliefs prayed
evidence;
degree of
for, which may include (e) The certification of
consanguinity or
the updating,
petitioner under oath
affinity
rectification,
that: (1) petitioner has
c. Any concerned
suppression or
not commenced any
citizen,
destruction of the
action or filed any
organization,
database or
claim involving the
association or
information or files
same issues in any
institution
kept by the
court, tribunal or quasirespondent.
judicial agency, and no
The filing of the
In case of threats, the
such other action or
aggrieved party
relief may include a
claim is pending
himself suspends
prayer for an order
therein; (2) if there is
the right to file
enjoining the act
such other pending
petition by other
complained of; and
action or claim, a
persons
complete statement of
its present status; (3) if
The filing of petition
(f) Such other relevant
petitioner should learn
reliefs as are just and
equitable.
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.
(Sec. 2)
GR: By the aggrieved
party
A natural or juridical
person, entity
authorized by law,
people’s organization,
non-governmental
organization, or any
public interest
group accredited by or
registered with any
government agency.
EXPN: However, in
cases of extralegal
killings and enforced
disappearances:
a. Any member of the
immediate family
b. In default of the
former, any
ascendant,
descendant, or
collateral relative of
the aggrieved party
within the 4th civil
degree of
consanguinity or
affinity
2
TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN
civil case is
discharged, the costs
shall be taxed against
him, or against the
person who signed
the application for the
Respondent
writ, or both
May or may not be an
(Sec. 1)
(Sec. 3)
Public official or
Setting of hearing
officer.
Public official or
Public official or
employee, private
employee or a
employee or a private
individual or entity.
(Sec. 12)
(Sec. 6)
private individual or individual or entity
Hearing on return
Not later than 7
entity.
engaged in the
days from issuance
gathering, collecting or
of writ
storing of data or
How writ is served
information regarding
(Sec. 7)
Writ shall be issued
the person, family,
Service of the writ
immediately upon
home and
shall be made by
filing if the writ on
correspondence of the
leaving the original
its face ought to
aggrieved party.
with the person to
issue
Extent of Enforceability of the writ
whom it is directed
(Sec. 2)
(Sec. 3); (Sec. 4)
and preserving a copy
(Sec. 8)
If granted by SC, CA,
Enforceable anywhere in the Philippines regardless of who issued the
on which to make
If the writ cannot be
or SB: enforceable
same
return of service.
served personally
anywhere In the
on respondent, the
Philippines;
If that person cannot
rules on substituted
be found, or has not
service shall apply
If granted by RTC:
the prisoner in
enforceable only
custody then the
within the judicial
service shall be made
district
on any person having
or exercising such
When to file
custody
(Sec. 2)
(Sec. 3)
Person who makes the return
On any day and at any On any day and at
time
any time
Officer by whom the
Respondent
prisoner is imprisoned
Payment of Docket fees
or the person in
(Sec. 19)
(Sec. 4)
(Sec. 5)
Petitioner is exempted
whose custody the
Payment of docket
Petitioner is
Payment is required.
from payment
prisoner is found
fees is required.
exempted from
EXPN: indigent
Filing of return/When to file
EXPN: indigent
payment of docket
petitioner exempt
This is consistent with
petitioner exempt
fees and other
from paying docket
the character of the
(Sec. 10)
(Sec. 9)
lawful fees
and other lawful fees
reliefs under the writ
Signed and shall also
Verified written
As to costs:
which excludes
be sworn to if the
return to be filed
When a person
Reason:
damages for personal
prisoner is not
within 5 working
confined in a criminal
enforcement of
injury; it also
produced
days after service of
case is discharged, the these sacrosanct
encourages public
the writ (which
costs shall be taxed
rights should not be
participation
On the day specified
cannot be extended
against the RP
violated by lack of
in the writ
except on highly
finances
meritorious
When a person in
grounds), the
custody by virtue of a
respondent shall file
by an authorized
person suspends
the right to file by
others down the
order
Escudero
(Sec. 7)
Not later than 10 days
from date of issuance
of writ
Writ shall be issued
immediately upon
filing if the writ on its
face ought to issue
(Sec. 9)
If the writ cannot be
served personally on
respondent, the rules
on substituted service
shall apply
Writ should be issued
within 3 days from the
filing of the petition
Served upon the
respondent personally;
or substituted service.
Respondent
Respondent
(Sec. 9)
The respondent shall
file a verified written
return together with
supporting affidavits
within 5 working days
from service of the
writ, (which period
may be reasonably
extended by the Court
for justifiable reasons)
Within non- extendible
period of 10 days after
the service of writ.
3
a verified written
return together
with supporting
affidavits.
Contents of the return
(Sec. 10)
When the person to
be produced is
imprisoned or
restrained by an
officer, the person
who makes the return
shall state therein,
and in other cases the
person in whose
custody the prisoner
is found shall state, in
writing to the court or
judge before whom
the writ is returnable,
plainly and
unequivocably:
(a) Whether he has or
has not the party in
his custody or power,
or under restraint;
(b) If he has the party
in his custody or
power, or under
restraint, the
authority and the true
and whole cause
thereof, set forth at
large, with a copy of
the writ, order
execution, or other
process, if any, upon
which the party is
held;
(c) If the party is in his
custody or power or is
restrained by him,
and is not produced,
particularly the nature
and gravity of the
sickness or infirmity of
such party by reason
of which he cannot,
without danger, be
Escudero
(Sec. 9)
Within seventy-two
(72) hours after
service of the writ,
the respondent
shall file a verified
written return
together with
supporting
affidavits which
shall, among other
things, contain the
following:
a. The lawful
defenses to show
that the respondent
did not violate or
threaten with
violation the right
to life, liberty and
security of the
aggrieved party,
through any act or
omission;
b. The steps or
actions taken by the
respondent to
determine the fate
or whereabouts of
the aggrieved party
and the person or
persons responsible
for the threat, act
or omission;
c. All relevant
information in the
possession of the
respondent
pertaining to the
threat, act or
omission against
the aggrieved party;
and
d. If the respondent
TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN
bought before the
is a public official or
court or judge;
employee, the
(d) If he has had the
return shall further
party in his custody or state the actions
power, or under
that have been or
restraint, and has
will still be taken:
(Sec. 10)
(Sec. 8)
transferred such
i. to verify the
The respondent shall
Within a noncustody or restraint to identity of the
file a verified written
extendible period of
another, particularly
aggrieved party;
return together with
ten (10) days after
to whom, at what
ii. to recover and
supporting affidavits
service of the writ, the
time, for what cause,
preserve evidence
within five (5) working
respondent shall file a
and by what authority related to the death
days from service of
verified return which
such transfer was
or disappearance of
the writ, which period
shall contain all
made.
the person
may be reasonably
defenses to show that
identified in the
extended by the Court
respondent did not
petition which may
for justifiable reasons.
violate or threaten to
aid in the
The return shall,
violate, or allow the
prosecution of the
among other things,
violation of any
person or persons
contain the following:
environmental law,
responsible;
rule or regulation or
iii. to identify
commit any act
witnesses and
(a) The lawful
resulting to
obtain statements
defenses such as
environmental damage
from them
national security, state of such magnitude as
concerning the
secrets, privileged
to prejudice the life,
death or
communications,
health or property of
disappearance;
confidentiality of the
inhabitants in two or
iv. to determine the
source of information
more cities or
cause, manner,
of media and others;
provinces.
location and time of
All defenses not raised
death or
(b) In case of
in the return shall be
disappearance as
respondent in charge,
deemed waived.
well as any pattern
in possession or in
The return shall include
or practice that may
control of the data or
affidavits of witnesses,
have brought about
information subject of
documentary evidence,
the death or
the petition;
scientific or other
disappearance;
expert studies, and if
v. to identify and
(i) a disclosure of the
possible, object
apprehend the
data or information
evidence, in support of
person or persons
about the petitioner,
the defense of the
involved in the
the nature of such
respondent.
death or
data or information,
A general denial of
disappearance; and
and the purpose for its allegations in the
vi. to bring the
collection;
petition shall be
suspected offenders
considered as an
before a competent
(ii) the steps or actions admission thereof.
court.
taken by the
respondent to ensure
The return shall also
the security and
state other matters
confidentiality of the
data or information;
and chanrobles virtual
law library
(iii) the currency and
accuracy of the data or
information held; and,
(c) Other allegations
relevant to the
resolution of the
proceeding.
A general denial of the
allegations in the
petition shall not be
allowed.
4
relevant to the
investigation, its
resolution and the
prosecution of the
case.
TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN
judge shall proceed
to hear the petition
ex parte
A general denial of
the allegations in
the petition shall
not be allowed.
Return
(Sec. 2)
If granted by the SC or
CA: returnable before
the court or any
member or before
RTC or any judge
thereof;
If granted by RTC:
returnable before
such court
(Sec. 3)
If issued by RTC:
returnable before
such court;
(Sec. 4)
If issued by RTC:
returnable before such
court;
If issued by SB or CA
or any of their
justices: returnable
before such court or
to any RTC of the
place where the
threat, act or
omission was
committed or any
of its elements
occurred;
If issued by SB or CA or
any of their justices:
returnable before such
court or to any RTC of
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;
If issued by SC or
any of its justices:
returnable before
such court, or
before SB, CA, or to
any RTC of the place
where the threat,
act or omission was
committed or any
of its elements
occurred
Effect of failure to file return
(Sec. 12)
In case respondent
fails to file a return,
the court, justice or
Escudero
If issued by SC,
returnable before such
court or CA; If issued
by CA, returnable to
the CA or any of its
justices
If issued by SC or any
of its justices:
returnable before such
court, or before SB,
CA, or to any RTC of
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
(Sec. 14)
In case respondent
fails to return, the
court, justice or judge
(Sec. 10)
In case the respondent
fails to file a return, the
court shall proceed to
shall proceed to hear
the petition ex parte,
granting petitioner
such relief as the
petition may warrant
hear the petition ex
parte.
EXPN: unless the court
in its discretion
requires petitioner to
submit evidence.
Liability of the person to whom the writ is directed if he refuses to make a return
(Sec. 16)
(Sec. 16)
(Sec. 11)
Indirect contempt.
Forfeit to the
Imprisonment or
Imprisonment or fine
aggrieved party the
fine for committing
for committing
sum of P1000, and
contempt.
contempt.
may also be punished
for contempt.
General denial
Not prohibited.
Not allowed.
Not allowed.
Not allowed.
Hearing/When summary
(Sec. 6)
(Sec. 13); (Sec. 15)
The hearing including
Date and time of
The hearing on the petition shall be summary.
the preliminary
hearing is specified in
However, the court, justice or judge may call
conference shall not
the writ.
for a preliminary conference to simplify the
extend beyond sixty
issues and determine the possibility of
(60) days and shall be
Not summary
obtaining stipulations and admissions from
given the same priority
the parties.
as petitions for the
writs of habeas corpus,
The hearing shall be from day to day until
amparo and habeas
completed and given the same priority as
data.
petitions for habeas corpus
Not summary. Reason:
(Sec. 6)
(Sec. 7)
Summary hearing
Summary hearing shall environmental damage
shall be conducted
be conducted not later subject of the writ may
involve issues of a
not later than 7
than 10 working days
complex character
days from the date
from the date of
of issuance of the
issuance of the writ
writ.
Interim Reliefs
(Sec. 12)
(Sec. 14)
No interim reliefs.
(Rule 13)
1. Unless for good
1. Temporary
(Sec. 1)
cause shown, the
Protection Order.
The provisional remedy
hearing is adjourned,
2. Inspection Order.
of attachment under
in which event the
3. Production
Rule 127 of the Rules
court shall make an
Order.
of Court may be
order for the
4. Witness
availed of in
safekeeping of the
Protection Order.
environmental cases.
person imprisoned or
restrained as the
(Sec. 2)
5
TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN
Environmental
Protection Order
(EPO); Temporary
Environmental
Protection Order
(TEPO) in criminal
cases. - The procedure
for and issuance of EPO
and TEPO shall be
governed by Rule 2 of
these Rules.
nature of the case
requires;
2. The court or judge
must be satisfied that
the person's illness is
so grave that he
cannot be produced
without any danger
Presumption
(Sec. 17)
There is no
presumption that
official duty has
been regularly
performed
Judgment
(Sec. 15)
When the court or
judge has examined
into the cause of
caption and restraint
of the prisoner, and is
satisfied that he is
unlawfully imprisoned
or restrained, he shall
forthwith order his
discharge from
confinement, but such
discharge shall not be
effective until a copy
of the order has been
served on the officer
or person detaining
the prisoner. If the
officer or person
detaining the prisoner
does not desire to
appeal, the prisoner
shall be forthwith
released.
Escudero
(Sec. 18)
The court shall
render judgment
within ten (10) days
from the time the
petition is
submitted for
decision. If the
allegations in the
petition are proven
by substantial
evidence, the court
shall grant the
privilege of the writ
and such reliefs as
may be proper and
appropriate;
otherwise, the
privilege shall be
denied.
No enforcement
within 5 days unlike
in writ of habeas
data
(Sec. 16)
Same with writ of
amparo with an
addition that upon
finality, the judgment
shall be enforced by
the sheriff or any
lawful officers as may
be designated by the
court, justice or judge
within 5 working days.
(Sec. 15)
Within sixty (60) days
from the time the
petition is submitted
for decision, the court
shall render judgment
granting or denying the
privilege of the writ of
kalikasan.
The reliefs that may be
granted under the writ
are the following:
(a) Directing
respondent to
permanently cease and
desist from committing
acts or neglecting the
performance of a duty
in violation of
environmental laws
resulting in
environmental
destruction or damage;
(b) Directing the
respondent public
official, government
agency, private person
or entity to protect,
preserve, rehabilitate
or restore the
Appeal/Period of appeal
Sec. 15 in relation to
(Sec. 19); (Sec. 19)
Sec. 3 Rule 41 and
Rule 45 by petition for review on certiorari
Sec. 39 of BP 129:
with peculiar features:
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.
Rule 45
Within fifteen (15) days
from the date of notice
of the adverse
judgment or denial of
motion for
reconsideration.
Within 48 hours from
1. Appeal may raise questions of fact or law or
notice of the
both;
judgment or final
2. Period of appeal shall be 5 working days
order appealed from.
from the date of notice of the adverse
Appeal is filed to the
judgment;
SC under Rule 45
3. Same priority as habeas corpus cases
Institution of separate actions
(Sec. 21); (Sec. 20); (Sec. 17)
This Rule shall not preclude the filing of separate criminal, civil or
administrative actions.
Reason: they are different actions with different objectives
Effect of filing criminal action
(Sec. 2); (Sec. 21)
6
Consolidation
TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN
When a criminal action has been commenced,
10. Memorandum;
no separate petition for the writ shall be filed.
11. Motion for reconsideration of
The reliefs under the writ shall be available by
interlocutory orders or interim relief orders;
motion in the criminal case.
and
12. Petition for certiorari, mandamus or
prohibition against any interlocutory order.
(Sec. 23); (Sec. 22)
When a criminal action is filed subsequent to
the filing of a petition for the writ, the latter
shall be consolidated with the criminal action.
8. Motion to declare
respondent in default.
Motion for
intervention is allowed.
Reason: public
participation
When a criminal action and a separate civil
action are filed subsequent to a petition for
issuance of the writ, the latter shall be
consolidated with the criminal action.
Quantum of proof
Quantum of proof is
clear and convincing
evidence
(Sec. 17)
Quantum of proof is
substantial
evidence
Archiving and revival of cases
(Sec. 20)
If the petition
cannot proceed for
a valid cause, it shall
not be dismissed by
the court, but it
must be archived
(Sec. 16)
Quantum of proof is
substantial evidence
After 2 years from
notice of archiving,
it shall be dismissed
with prejudice upon
failure to prosecute
Suppletory application of ROC
(Sec. 25); (Sec. 24)
The ROC shall apply suppletorily
Prohibited pleadings and motions
None
(Sec. 11); (Sec. 13)
1. Motion to dismiss;
2. Motion for extension of time to file
opposition, affidavit, position paper and other
pleadings;
3. Dilatory motion for postponement;
4. Motion for a bill of particulars;
5. Counterclaim or cross - claim;
6. Third - party complaint;
7. Reply;
8. Motion to declare respondent in default;
9. Intervention;
Escudero
1. Motion to dismiss;
2. Motion for extension
of time to file return;
3. Motion for
postponement;
4. Motion for a bill of
particulars;
5. Counterclaim or
cross-claim;
6. Third-party
complaint;
7. Reply; and
7
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