R65 Habeas Corpus Amparo Habeas DataBurden of Proof

Petition for certiorari - Petitioner (Section 1)MANDAMUS- person aggrieved (Section 3)

Petitioner (Section 6)

The respondent public official or employee. They cannot invoke the presumption that official duty has been regularly per-formed to evade responsibility (Sec-tion 17)

On the part of the re-spondent/public offi-cial who shall state in the Verified Written Return, the lawful defenses. (Section 10, Section 14 )

Quantum of Evidence

Substantial (Case Law)

Preponderance of evidence (Since special proceeding under the Rules of Court)

Substantial evidence (Civil Procedure)

Substantial Evidence (Section 17)

Substantial Evidence(Section 16)

Rule on dismissal on cases

The court may require the respondents to file their comment to, and not a motion to dismiss, the petition.

The court, however, may dismiss the petition if it finds the same to be patently without merit, prosecuted manifestly for delay, or that the questions raised therein are too unsubstantial to require

If it appears that the person alleged to be restrained of his liberty is in the custody of an officer under process issued by a court or judge or by virtue of a judgment or order of a court of record, and that the court or judge had jurisdiction to issue the process, render the judgment, or make the order, the writ shall not be allowed; or if

Motion to dismiss is a prohibited mo-tion (Section 11);If petitioner can’t appear for a valid cause, the court shall not dismiss but only archive. Petition be dis-missed with preju-dice upon failure to prosecute case after lapse of 2 years from notice to petitioner of or-der archiving it (Section 20)

Motion to dismiss is a prohibited motion (Section); If allegations are not proved by substantial evidence, privilege shall be denied (Section 16)

consideration.(Section 6, Section 8)

the jurisdiction 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. No writ of habeas corpus can be disobeyed for defect of form, if it sufficiently appears therefrom in whose custody or under whose restraint the party imprisoned or restrained is held and the court or judge before whom he is to be brought.(Section 4, Section 9)

Standard of Diligence

Due or ordinary diligence

Reasonable diligence (EN BANC [G.R. No. 158802. November 17, 2004] IN RE: THE WRIT OF HABEAS CORPUS FOR REYNALDO DE VILLA (detained at the New Bilibid Prisons, Muntinlupa City)

Respondent is pri-vate individual- or-dinary diligenceRespondent is pub-lic official- extraor-dinary diligence; no presumption of regularity (Section 17)

No law; no jurispru-denceclosest applicable provision: SEC. 10, b (ii) the steps or actions taken by the respondent to ensure the security and confidentiality of the data or informa-tion;

REYNALDO DE VILLA, petitioner, JUNE DE VILLA, petitioner-relator, vs. THE DIRECTOR, NEW BILIBID PRISONS, respondent)

ORDINARY DILI-GENCE

General Denial Allowed?

Allowed. The consequence is that failure to make an explicit denial is considered an admission. (Rules of Court)

Allowed. (Rule 102, Rules of Court)

Not allowed. (Section 9, last paragraph)

Not allowed. (Section 10, last paragraph)

Presumption of Regularity

Yes. (Section 1) Yes (Section 1) No. (Section 17) No. (Section 17)