final+specpro

WRITS OF WRITS OF MANDAMUS, HABEAS MANDAMUS, HABEAS

CORPUS, AMPARO CORPUS, AMPARO AND AND

HABEAS DATAHABEAS DATA

RULE 65, RULE 102, RULE 65, RULE 102, A.M. No. 07-9-12-SC, A.M. No. 08-1-16-A.M. No. 07-9-12-SC, A.M. No. 08-1-16-

SCSC

ACOSTA, MANIGBAS, REYES, RUMOHR, SANDOVAL, ACOSTA, MANIGBAS, REYES, RUMOHR, SANDOVAL, YACAPINYACAPIN

WRIT OF MANDAMUSWRIT OF MANDAMUSRULE 65RULE 65

MandamusMandamus A special civil action under Rule 65A special civil action under Rule 65 a writ issued in the name of the State, a writ issued in the name of the State,

to an inferior tribunal, a corporation, to an inferior tribunal, a corporation, board or person, commanding the board or person, commanding the performance of an act which the law performance of an act which the law enjoins as a duty resulting from an enjoins as a duty resulting from an office, trust or station.office, trust or station.

employed to compel the performance, employed to compel the performance, when refused, of a ministerial dutywhen refused, of a ministerial duty

Elements of MandamusElements of Mandamus Directed at any tribunal, corporation, board, Directed at any tribunal, corporation, board,

officer or personofficer or person Who Who unlawfully neglectsunlawfully neglects the performance of the performance of

an act which the law specifically enjoins as a an act which the law specifically enjoins as a dutyduty resulting from an office, trust, or station; resulting from an office, trust, or station; oror

OR OR unlawfully excludesunlawfully excludes another from the use another from the use and enjoyment of a right or office to which and enjoyment of a right or office to which such other is entitledsuch other is entitled

When there is no other plain, speedy, and When there is no other plain, speedy, and adequate remedy in the ordinary course of lawadequate remedy in the ordinary course of law

Elements of MandamusElements of Mandamus A person aggrieved may file a verified A person aggrieved may file a verified

petitionpetition Alleging the facts with certaintyAlleging the facts with certainty Praying that judgment be rendered Praying that judgment be rendered

commanding the respondent to do the act commanding the respondent to do the act required to be done to protect the rights of the required to be done to protect the rights of the petitionerpetitioner, and, and

To pay the damages sustained by the petitionerTo pay the damages sustained by the petitioner Petition shall contain a sworn certification Petition shall contain a sworn certification

of non-forum shoppingof non-forum shopping

CharacteristicsCharacteristics mandamusmandamus may lie in the performance may lie in the performance

of a duty involving discretion to the of a duty involving discretion to the extent that the body or officer extent that the body or officer exercising such duty may be exercising such duty may be compelled to act, but not to act in a compelled to act, but not to act in a particular way.particular way.

MandamusMandamus does not lie in the absence does not lie in the absence of showing of a clear legal right which of showing of a clear legal right which must be well defined, clear, and must be well defined, clear, and certain as reflected in the petition.certain as reflected in the petition.

CharacteristicsCharacteristics mandamus will not issue when mandamus will not issue when

administrative remedies are still administrative remedies are still availableavailable Except: when the rule of exhaustion cannot Except: when the rule of exhaustion cannot

be invoked because the party is estopped be invoked because the party is estopped or if only pure questions of law are raised.or if only pure questions of law are raised.

Can be availed of only by the party who Can be availed of only by the party who has direct legal interest in the right has direct legal interest in the right sought to be enforcedsought to be enforced

Where to file? Concurrent jurisdiction Where to file? Concurrent jurisdiction ofof Supreme CourtSupreme Court Court of AppealsCourt of Appeals Regional Trial CourtRegional Trial Court

When to file?When to file? Within 60 days after receipt of notice of Within 60 days after receipt of notice of

the judgment/order/resolutionthe judgment/order/resolution

Writ of Habeas CorpusWrit of Habeas Corpus

Rule 102Rule 102

DefinitionDefinition It is a writ directed to a person It is a writ directed to a person

detaining another commanding him detaining another commanding him to produce the body of the prisoner to produce the body of the prisoner at a designated time or place or by at a designated time or place or by which the rightful custody of a which the rightful custody of a person is withheld from the on person is withheld from the on entitled thereto.entitled thereto.

ObjectiveObjective The objective of the writ is to The objective of the writ is to

determine whether the confinement determine whether the confinement or detention is valid or lawful. If it is, or detention is valid or lawful. If it is, the writ cannot be issued. Its great the writ cannot be issued. Its great object of the writ is the liberation of object of the writ is the liberation of those who may be imprisoned those who may be imprisoned without sufficient cause.without sufficient cause.

ObjectiveObjective JurisprudenceJurisprudence

Villavicencio v. LucbanVillavicencio v. Lucban (39 Phil. 778)(39 Phil. 778) to inquire into all manner of involuntary restraint as to inquire into all manner of involuntary restraint as

distinguished from voluntary, and to relieve a distinguished from voluntary, and to relieve a person therefrom if such restraint is illegalperson therefrom if such restraint is illegal

Zagala v. Ilustre (48 Phil. 282)Zagala v. Ilustre (48 Phil. 282) actual and effective restraint, not merely nominal or actual and effective restraint, not merely nominal or

moral, is requiredmoral, is required Moncupa v. Enrile, et al. (G.R. No. 63345, Moncupa v. Enrile, et al. (G.R. No. 63345,

January 30, 1986)January 30, 1986) actual physical restraint is not always required; any actual physical restraint is not always required; any

restraint which prejudice freedom of action is restraint which prejudice freedom of action is sufficientsufficient

NatureNature JurisprudenceJurisprudence

Alimpos v. CA (106 SCRA 159)Alimpos v. CA (106 SCRA 159) proceeding in rem as it is an inquisition by the proceeding in rem as it is an inquisition by the

government, at the suggestion and instance of government, at the suggestion and instance of an individual but still in the name and capacity an individual but still in the name and capacity of the sovereign.of the sovereign.

Caballes v. CA (G.R. No. 163108, February Caballes v. CA (G.R. No. 163108, February 23, 2005)23, 2005)

summary remedysummary remedy a prerogative writ which does not issues as a a prerogative writ which does not issues as a

matter of right but in the sound discretion of matter of right but in the sound discretion of the court or judgethe court or judge

Section 1Section 1 To what habeas corpus extends.To what habeas corpus extends. – –

Except as otherwise expressly Except as otherwise expressly provided by law, the writ of habeas provided by law, the writ of habeas corpus shall extend to all cases of corpus shall extend to all cases of illegal confinement or detention by illegal confinement or detention by which any person is deprived of his which any person is deprived of his liberty, or by which the rightful liberty, or by which the rightful custody of any person is withheld custody of any person is withheld from the person entitled thereto.from the person entitled thereto.

Section 1Section 1 Two instances when the writ of Two instances when the writ of

habeas corpus may be availed of as habeas corpus may be availed of as a remedy:a remedy: In all cases of illegal confinement or In all cases of illegal confinement or

detention by which a person is deprived detention by which a person is deprived of his liberty.of his liberty.

When the rightful custody of any person When the rightful custody of any person is withheld from the person entitled is withheld from the person entitled thereto.thereto.

Section 1Section 1 JurisprudenceJurisprudence

Sombong v. CA (252 SCRA 663)Sombong v. CA (252 SCRA 663) Remedy to enable parents to regain the custody of minor child even if Remedy to enable parents to regain the custody of minor child even if

the latter be in the custody of a third person of his/her own free will the latter be in the custody of a third person of his/her own free will upon the concurrence of certain requisitesupon the concurrence of certain requisites

Gumabon v. Director of the Bureau of Prisons (37 SCRA 420)Gumabon v. Director of the Bureau of Prisons (37 SCRA 420) Temporary release of a person which carries such restriction does not Temporary release of a person which carries such restriction does not

render the petition for habeas corpus moot and academic render the petition for habeas corpus moot and academic Feria v. CA (325 SCRA 525)Feria v. CA (325 SCRA 525)

Writ may be availed of where:Writ may be availed of where: There has been a deprivation of a constitutional right resulting in the restraint There has been a deprivation of a constitutional right resulting in the restraint

of a person;of a person; The court had no jurisdiction to impose the sentence; orThe court had no jurisdiction to impose the sentence; or An excessive penalty has been imposed, as such is void as to such excess.An excessive penalty has been imposed, as such is void as to such excess.

In Re Azucena L. Garcia (339 SCRA 292)In Re Azucena L. Garcia (339 SCRA 292) Habeas corpus cannot function as a writ of error. Mere errors of fact or Habeas corpus cannot function as a writ of error. Mere errors of fact or

law, which did not have the effect of depriving the trial court of its law, which did not have the effect of depriving the trial court of its jurisdiction over the cause and the person of the defendant, if corrected jurisdiction over the cause and the person of the defendant, if corrected at all, must be corrected on appeal in the form and manner prescribed at all, must be corrected on appeal in the form and manner prescribed by law.by law.

Section 1Section 1 Constitutional provisions related to the Constitutional provisions related to the

writ of habeas corpus:writ of habeas corpus: Sec. 15, Article III of the 1987 Constitution Sec. 15, Article III of the 1987 Constitution

provides that the privilege of the writ of provides that the privilege of the writ of habeas corpus shall not be suspended except habeas corpus shall not be suspended except in cases of invasion or rebellion where the in cases of invasion or rebellion where the public safety requires it.public safety requires it.

Sec. 18, Article VII of the 1987 Constitution Sec. 18, Article VII of the 1987 Constitution provides that in case of invasion or rebellion, provides that in case of invasion or rebellion, the President may, for a period not exceeding the President may, for a period not exceeding sixty days, suspend the privilege of habeas sixty days, suspend the privilege of habeas corpus, which Congress may revoke or, upon corpus, which Congress may revoke or, upon the initiative of the President, extend for a the initiative of the President, extend for a period to be determined by it.period to be determined by it.

Section 2Section 2 Who may grant the writ.Who may grant the writ. – The writ of – The writ of

habeas corpus may be granted by the habeas corpus may be granted by the Supreme Court, or any member thereof, Supreme Court, or any member thereof, on any day and at any time, or by the on any day and at any time, or by the Court of Appeals or any member thereof Court of Appeals or any member thereof in the instances authorized by law, and in the instances authorized by law, and if so granted it shall be enforceable if so granted it shall be enforceable anywhere in the Philippines, and may be anywhere in the Philippines, and may be made returnable before the court or any made returnable before the court or any member thereof, or before the Court of member thereof, or before the Court of First Instance, or any judge thereof for First Instance, or any judge thereof for the hearing and decision on the merits. the hearing and decision on the merits. It may also beIt may also be

Section 2Section 2 Courts that may issue the writ:Courts that may issue the writ:

The Supreme CourtThe Supreme Court Court of AppealsCourt of Appeals Regional Trial CourtRegional Trial Court

The decisions of the Supreme Court and The decisions of the Supreme Court and the Court of Appeals are enforceable the Court of Appeals are enforceable anywhere in the Philippines while the anywhere in the Philippines while the regional trial courts have jurisdiction to regional trial courts have jurisdiction to issue writs of habeas corpus only when issue writs of habeas corpus only when such writ can be enforced within their such writ can be enforced within their respective judicial districts.respective judicial districts.


Martin v. Guerrero (317 SCRA 166)Martin v. Guerrero (317 SCRA 166) A writ issued by a Regional Trial Court and enforced A writ issued by a Regional Trial Court and enforced

outside of his judicial district is void.outside of his judicial district is void. Medina v. Yap (60 SCRA 73)Medina v. Yap (60 SCRA 73)

A petitionA petition filed with the Supreme Court may make the filed with the Supreme Court may make the writ returnable to itself.writ returnable to itself.

Where factual issues are raised, the Supreme Court may Where factual issues are raised, the Supreme Court may make the writ returnable to a regional trial court.make the writ returnable to a regional trial court.

Orla v. Court of Appeals (192 SCRA 768)Orla v. Court of Appeals (192 SCRA 768) In a petition filed with the Court of Appeals, the latter In a petition filed with the Court of Appeals, the latter

may not make the writ returnable to the regional trial may not make the writ returnable to the regional trial courtscourts

The Court of Appeals should instead hear the case, The Court of Appeals should instead hear the case, conduct a trial or hearing to receive evidence and decide conduct a trial or hearing to receive evidence and decide the petition for habeas corpus on the merits.the petition for habeas corpus on the merits.

Section 3Section 3 Requisites of application therefor.Requisites of application therefor. – Application for the – Application for the

writ shall be by petition signed and verified either by writ shall be by petition signed and verified either by the party for whose relief it is intended, or by some the party for whose relief it is intended, or by some person on his behalf, and shall set forth:person on his behalf, and shall set forth:(a) That the person in whose behalf the application is (a) That the person in whose behalf the application is made is imprisoned or restrained of his liberty;made is imprisoned or restrained of his liberty;(b) The officer or name of the person by whom he is so (b) The officer or name of the person by whom he is so imprisoned or restrained; or, if both are unknown or imprisoned or restrained; or, if both are unknown or uncertain, such officer or person may be described by uncertain, such officer or person may be described by an assumed appellation, and the person who is served an assumed appellation, and the person who is served with the writ shall be deemed the person intended;with the writ shall be deemed the person intended;(c) The place where he is so imprisoned or restrained, if (c) The place where he is so imprisoned or restrained, if known;known;(d) A copy of the commitment or cause of detention of (d) A copy of the commitment or cause of detention of such person, if it can be procured without impairing the such person, if it can be procured without impairing the efficiency of the remedy; or, if the imprisonment or efficiency of the remedy; or, if the imprisonment or restraint is without any legal authority, such fact shall restraint is without any legal authority, such fact shall appear.appear.

Section 3Section 3 The petition for habeas corpus may The petition for habeas corpus may

be filed, signed and verified by the be filed, signed and verified by the party for whose relief it is intended or party for whose relief it is intended or the person illegally detained, or by the person illegally detained, or by some other person on his behalf.some other person on his behalf.


Velasco v. CA (245 SCRA 677)Velasco v. CA (245 SCRA 677) The term “some other person” means any person who has a The term “some other person” means any person who has a

legally justified interest in the freedom of the person whose legally justified interest in the freedom of the person whose liberty is restrained (parents, wife or the common-law spouse, liberty is restrained (parents, wife or the common-law spouse, one who shows some authorization to make the application).one who shows some authorization to make the application).

People v. Labriaga (250 SCRA 163)People v. Labriaga (250 SCRA 163) Strict compliance with the technical requirements of Section 3 Strict compliance with the technical requirements of Section 3

may be dispensed with, where the application is sufficient in may be dispensed with, where the application is sufficient in substance, as the rules on habeas corpus are liberally substance, as the rules on habeas corpus are liberally construed.construed.

Bernarte v. CA (263 SCRA 323)Bernarte v. CA (263 SCRA 323) The court must inquire into every phase and aspect of The court must inquire into every phase and aspect of

petitioner’s detention – from the moment petitioner was taken petitioner’s detention – from the moment petitioner was taken into custody up to the moment the court passes upon the into custody up to the moment the court passes upon the merits of the petition and only after such a scrutiny can the merits of the petition and only after such a scrutiny can the court satisfy itself that the due process clause of the court satisfy itself that the due process clause of the Constitution has been satisfied.Constitution has been satisfied.

Section 4Section 4 When writ not allowed or discharge authorized.When writ not allowed or discharge authorized. – –

If it appears that the person alleged to be If it appears that the person alleged to be restrained of his liberty is in the custody of an restrained of his liberty is in the custody of an officer under process issued by a court or judge officer under process issued by a court or judge or by virtue of a judgment or order of a court of or by virtue of a judgment or order of a court of record, and that the court or judge had record, and that the court or judge had jurisdiction to issue the process, render the jurisdiction to issue the process, render the judgment, or make the order, the writ shall not judgment, or make the order, the writ shall not be allowed; or if the jurisdiction appears after be allowed; or if the jurisdiction appears after the writ is allowed, the person shall not be the writ is allowed, the person shall not be discharged by reason of any informality or defect discharged by reason of any informality or defect in the process, judgment, or order. Nor shall in the process, judgment, or order. Nor shall anything in this rule be held to authorize the anything in this rule be held to authorize the discharge of a person charged with or convicted discharge of a person charged with or convicted of an offense in the Philippines, or of a person of an offense in the Philippines, or of a person suffering imprisonment under lawful judgment.suffering imprisonment under lawful judgment.


Rodriguez v. Bonifacio (344 SCRA Rodriguez v. Bonifacio (344 SCRA 519)519) Cannot question his detention via writ once duly charged in court.Cannot question his detention via writ once duly charged in court. Remedy: quash the information and/or the warrant of arrest duly Remedy: quash the information and/or the warrant of arrest duly

issued.issued. The term “court” includes quasi-judicial bodies.The term “court” includes quasi-judicial bodies.

In In Velasco v. CA (245 SCRA 677)Velasco v. CA (245 SCRA 677) Other instancesOther instances

The subsequent issuance of a judicial process preventing the discharge of the The subsequent issuance of a judicial process preventing the discharge of the detained persons;detained persons;

The filing of a complaint or information for the offense for which the accused is The filing of a complaint or information for the offense for which the accused is detained and the issuance of a warrant of arrest; anddetained and the issuance of a warrant of arrest; and

The filing of a motion for bail, as it is an admission that the person was under The filing of a motion for bail, as it is an admission that the person was under the custody of the court and voluntarily submitted to his person to its the custody of the court and voluntarily submitted to his person to its jurisdiction, or by appearing in court and giving a bond for his provisional jurisdiction, or by appearing in court and giving a bond for his provisional release.release.

Ilusorio v. Bildner (332 SCRA 169)Ilusorio v. Bildner (332 SCRA 169) WWife may not secure a writ of habeas corpus to compel her husband ife may not secure a writ of habeas corpus to compel her husband

to live with her in conjugal basis. Marital rights including overture and to live with her in conjugal basis. Marital rights including overture and living in conjugal swelling may not be enforced by the extraordinary living in conjugal swelling may not be enforced by the extraordinary writ of habeas corpus.writ of habeas corpus.

Section 5Section 5 When the writ must be granted and When the writ must be granted and

issued.issued. – A court or judge authorized to – A court or judge authorized to grant the writ must, when a petition grant the writ must, when a petition therefor is presented and it appears therefor is presented and it appears that the writ ought to issue, grant the that the writ ought to issue, grant the same forthwith, and immediately same forthwith, and immediately thereupon the clerk of the court shall thereupon the clerk of the court shall issue the writ under the seal of the issue the writ under the seal of the court; or in case of emergency, the court; or in case of emergency, the judge may issue the writ under his own judge may issue the writ under his own hand, and may depute any officer or hand, and may depute any officer or person to serve it.person to serve it.

Section 6Section 6 To whom writ directed, and what to require.To whom writ directed, and what to require. – In – In

case of imprisonment or restraint by an officer, case of imprisonment or restraint by an officer, the writ shall be directed to him, and shall the writ shall be directed to him, and shall command him to have the body of the person command him to have the body of the person restrained of his liberty before the court or restrained of his liberty before the court or judge designated in the writ at the time and judge designated in the writ at the time and place therein specified. In case of imprisonment place therein specified. In case of imprisonment or restraint by a person not an officer, the writ or restraint by a person not an officer, the writ shall be directed to an officer, and shall shall be directed to an officer, and shall command him to take and have the body of the command him to take and have the body of the person restrained of his liberty before the court person restrained of his liberty before the court or judge designated in the writ at the time and or judge designated in the writ at the time and place therein specified, and to summon the place therein specified, and to summon the person by whom he is restrained then and there person by whom he is restrained then and there to appear before said court or judge to show to appear before said court or judge to show the cause of the imprisonment or restraint.the cause of the imprisonment or restraint.

Section 7Section 7 How prisoner designated and writ served.How prisoner designated and writ served. – –

The person to be produced should be The person to be produced should be designated in the writ by his name, if known, designated in the writ by his name, if known, but if his name is not known he may be but if his name is not known he may be otherwise described or identified. The writ otherwise described or identified. The writ may be served in any province by the sheriff may be served in any province by the sheriff or other proper officer, or by a person or other proper officer, or by a person deputed by the court or judge. Service of the deputed by the court or judge. Service of the writ shall be made by leaving the original writ shall be made by leaving the original with the person to whom it is directed and with the person to whom it is directed and preserving a copy on which to make return preserving a copy on which to make return of service. If that person cannot be found, or of service. If that person cannot be found, or has not the prisoner in his custody, then the has not the prisoner in his custody, then the service shall be made on any other person service shall be made on any other person having or exercising such custody.having or exercising such custody.

Section 8Section 8 How writ executed and returned.How writ executed and returned. – The – The

officer to whom the writ is directed shall officer to whom the writ is directed shall convey the person so imprisoned or convey the person so imprisoned or restrained, and named in the writ, before restrained, and named in the writ, before the judge allowing the writ, or, in case of his the judge allowing the writ, or, in case of his absence or disability, before some other absence or disability, before some other judge of the same court, on the day judge of the same court, on the day specified in the writ, unless, from sickness specified in the writ, unless, from sickness or infirmity of the person directed to be or infirmity of the person directed to be produced, such person cannot, without produced, such person cannot, without danger, be brought before the court or danger, be brought before the court or judge; and the officer shall make due return judge; and the officer shall make due return of the writ, together with the day and the of the writ, together with the day and the cause of the caption and restraint of such cause of the caption and restraint of such person according to the command thereof.person according to the command thereof.

Section 9Section 9 Defect of form.Defect of form. – No writ of – No writ of

habeas corpus can be disobeyed habeas corpus can be disobeyed for defect of form, if it for defect of form, if it sufficiently appears therefrom in sufficiently appears therefrom in whose custody or under whose whose custody or under whose restraint the party imprisoned or restraint the party imprisoned or restrained is held and the court restrained is held and the court or judge before whom he is to be or judge before whom he is to be brought.brought.

Section 10.Section 10. Contents of return.Contents of return. – When the person to be produced is – When the person to be produced is

imprisoned or restrained by an officer, the person who makes imprisoned or restrained by an officer, the person who makes the return shall state therein, and in other cases the person in the return shall state therein, and in other cases the person in whose custody the prisoner is found shall state, in writing to whose custody the prisoner is found shall state, in writing to the court or judge before whom the writ is returnable, plainly the court or judge before whom the writ is returnable, plainly and unequivocably:and unequivocably:(a) Whether he has or has not the party in his custody or (a) Whether he has or has not the party in his custody or power, or under restraint;power, or under restraint;(b) If he has the party in his custody or power, or under (b) If he has the party in his custody or power, or under restraint, the authority and the true and whole cause thereof, restraint, the authority and the true and whole cause thereof, set forth at large, with a copy of the writ, order, execution, or set forth at large, with a copy of the writ, order, execution, or other process, if any, upon which the party is held;other process, if any, upon which the party is held;(c) If the party is in his custody or power or is restrained by (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 him, and is not produced, particularly the nature and gravity of the sickness or infirmity of such party by reason of which he the sickness or infirmity of such party by reason of which he cannot, without danger, be brought before the court or judge;cannot, without danger, be brought before the court or judge;(d) If he has had the party in his custody or power, or under (d) If he has had the party in his custody or power, or under restraint, and has transferred such custody or restraint to restraint, and has transferred such custody or restraint to another, particularly to whom, at what time, for what cause, another, particularly to whom, at what time, for what cause, and by what authority such transfer was made.and by what authority such transfer was made.

FormForm In writingIn writing Signed by the person making the ReturnSigned by the person making the Return Sworn to by said person if:Sworn to by said person if:

Prisoner is not producedPrisoner is not produced In all other casesIn all other cases

UNLESS: Made and signed by a sworn public UNLESS: Made and signed by a sworn public officer in his official capacity.officer in his official capacity.

Return of the WritReturn of the Writ

ContentsContents1)1) Day when the Return is madeDay when the Return is made2)2) Cause of caption and restraint of prisonerCause of caption and restraint of prisoner3)3) If the Return is made by the person alleged to have custody of the prisoner, If the Return is made by the person alleged to have custody of the prisoner,

whether or not he has the prisoner in his custody or power or is under whether or not he has the prisoner in his custody or power or is under restrainrestrain

4)4) If the prisoner is in his custody or is under restraint:If the prisoner is in his custody or is under restraint:a)a) The authority thereofThe authority thereof

5)5) True and whole cause thereofTrue and whole cause thereofa)a) Including copy of the writ, order, execution or process embodying the authority, if Including copy of the writ, order, execution or process embodying the authority, if

anyany6)6) If the prisoner is in his custody or is under restraint and not produced before If the prisoner is in his custody or is under restraint and not produced before

the court:the court:a)a) The nature and gravity of the sickness or infirmity of the prisonerThe nature and gravity of the sickness or infirmity of the prisoner

7)7) If the prisoner is in his custody or under restraint and was transferred to If the prisoner is in his custody or under restraint and was transferred to another:another:

a)a) To whom transferredTo whom transferredb)b) Time transfer was madeTime transfer was madec)c) Cause of transferCause of transferd)d) Authority under which transfer was madeAuthority under which transfer was made

To Whom MadeTo Whom Made

The Return should be made before the judge of The Return should be made before the judge of the court where the application of the writ the court where the application of the writ was filed.was filed.

By Whom MadeBy Whom Made

Sheriff or other officer who served the writSheriff or other officer who served the writ The person in whose custody the prisoner is The person in whose custody the prisoner is

foundfound

1) If the prisoner is produced:1) If the prisoner is produced:

The judge to whom the return was made hears and examines the The judge to whom the return was made hears and examines the return and such other matters as are properly submitted for return and such other matters as are properly submitted for consideration.consideration.

If the judge is satisfied that the prisoner is unlawfully imprisoned or If the judge is satisfied that the prisoner is unlawfully imprisoned or detained, the prisoner shall be ordered discharged from detained, the prisoner shall be ordered discharged from confinement to be effective when a copy of the order has been confinement to be effective when a copy of the order has been served on the officer or person detaining the prisoner. If such officer served on the officer or person detaining the prisoner. If such officer or person does not appeal, the prisoner shall be released.or person does not appeal, the prisoner shall be released.

The person set at liberty shall not be imprisoned again for the same The person set at liberty shall not be imprisoned again for the same offense UNLESS, by lawful order or process of a court having offense UNLESS, by lawful order or process of a court having jurisdiction over the cause or offense.jurisdiction over the cause or offense.

If a person knowingly recommits or imprisons, or causes to be If a person knowingly recommits or imprisons, or causes to be committed or imprisoned, for the same offense or pretended offense, committed or imprisoned, for the same offense or pretended offense, any person set at liberty, or knowingly aids or assists therein, such any person set at liberty, or knowingly aids or assists therein, such person shall forfeit to the party aggrieved one thousand pesos to be person shall forfeit to the party aggrieved one thousand pesos to be recovered in a proper action and may also be punished for contempt.recovered in a proper action and may also be punished for contempt.

Effects After Return is MadeEffects After Return is Made

If it appears that the prisoner was lawfully committed, and is plainly If it appears that the prisoner was lawfully committed, and is plainly and specifically charged in the warrant of commitment with an and specifically charged in the warrant of commitment with an offense punishable by death, he hall not be released, discharged or offense punishable by death, he hall not be released, discharged or baled.baled.

If the prisoner is lawfully imprisoned or restrained on a charge of If the prisoner is lawfully imprisoned or restrained on a charge of having committed an offense not punishable by death, he may be having committed an offense not punishable by death, he may be recommitted or imprisoned or admitted to bail in the discretion of recommitted or imprisoned or admitted to bail in the discretion of the court or judge.the court or judge.

Upon application for bail:Upon application for bail:

The judge or court shall consider the circumstances of the The judge or court shall consider the circumstances of the prisoner and the nature of the offense charged.prisoner and the nature of the offense charged.

The prisoner files a bund in the sum determined by the The prisoner files a bund in the sum determined by the judge or court.judge or court.

Thu judge or court grants bail conditioned on the Thu judge or court grants bail conditioned on the appearance of the prisoner before the court where the appearance of the prisoner before the court where the offense is properly cognizable to abide its order or offense is properly cognizable to abide its order or judgment.judgment.


2) If the prisoner is not produced:2) If the prisoner is not produced:

If the person imprisoned or restrained If the person imprisoned or restrained is not produced because of his alleged is not produced because of his alleged sickness or infirmity, the court or judge sickness or infirmity, the court or judge must be satisfied that it is so grave must be satisfied that it is so grave that the person cannot be produced that the person cannot be produced without danger before proceeding to without danger before proceeding to hear and dispose of the matter.hear and dispose of the matter.


The Return shall be considered The Return shall be considered prima facieprima facie evidence of the evidence of the cause of restraint if the prisoner is in custody under a cause of restraint if the prisoner is in custody under a warrant of commitment in pursuance of law.warrant of commitment in pursuance of law.

The Return shall be considered only as a plea of the facts The Return shall be considered only as a plea of the facts therein set forth and the party claiming the custody must therein set forth and the party claiming the custody must prove such facts if the prisoner is restrained of his liberty prove such facts if the prisoner is restrained of his liberty by any private authority.by any private authority.

When the Return is Evidence and When the Return is Evidence and When Only A PleaWhen Only A Plea

A person committed to prison or in custody of an officer for any CRIMINAL A person committed to prison or in custody of an officer for any CRIMINAL matter shall not be removed therefrom into the custody of another officer matter shall not be removed therefrom into the custody of another officer UNLESS:UNLESS:

By legal processBy legal process The prisoner be delivered to an inferior officer to carry to jailThe prisoner be delivered to an inferior officer to carry to jail By order of the proper court or judgeBy order of the proper court or judge By order of the proper court or judge, be removed from one place or By order of the proper court or judge, be removed from one place or

another within the Philippines for trialanother within the Philippines for trial In case of fire, epidemic, insurrection, or other necessity or public In case of fire, epidemic, insurrection, or other necessity or public

calamity.calamity.

A person who makes, signs, or countersigns any order for such removal A person who makes, signs, or countersigns any order for such removal contrary to Section 18, Rule 102 shall forfeit to the party aggrieved one contrary to Section 18, Rule 102 shall forfeit to the party aggrieved one thousand pesos to be recovered in a proper action.thousand pesos to be recovered in a proper action.

When the Custody of the Prisoner When the Custody of the Prisoner may be Removed to Another:may be Removed to Another:

Penalty for Refusing to Issue the Writ:Penalty for Refusing to Issue the Writ:

A clerk of court who refuses to issue the writ after the court or A clerk of court who refuses to issue the writ after the court or judge allowed it and after a demand is made shall forfeit to the judge allowed it and after a demand is made shall forfeit to the party aggrieved one thousand pesos to be recovered in a proper party aggrieved one thousand pesos to be recovered in a proper action and may also be punished for contempt.action and may also be punished for contempt.

Penalty for Disobeying the Writ:Penalty for Disobeying the Writ:

A person to whom a writ is directed, who neglects or refuses to A person to whom a writ is directed, who neglects or refuses to obey or make return of the same or makes false return thereof or obey or make return of the same or makes false return thereof or who, upon demand by or on behalf of the prisoner, refuses to who, upon demand by or on behalf of the prisoner, refuses to deliver to the person so demanding within 6 hours after the demand deliver to the person so demanding within 6 hours after the demand therefore a true copy of the warrant or order of commitment shall therefore a true copy of the warrant or order of commitment shall forfeit to the party aggrieved one thousand pesos to be recovered forfeit to the party aggrieved one thousand pesos to be recovered in a proper action and may also be punished for contempt.in a proper action and may also be punished for contempt.

PenaltiesPenalties

Record of WritRecord of Writ

The proceedings upon a writ of The proceedings upon a writ of habeas corpushabeas corpus shall be recorded by the clerk of shall be recorded by the clerk of court. court.

Fees and CostsFees and Costs

Upon the final disposition of the proceedings, the court or judge shall make Upon the final disposition of the proceedings, the court or judge shall make such order as to costs as the case requires.such order as to costs as the case requires.

The fees of officers and witnesses shall be included in the costs taxed.The fees of officers and witnesses shall be included in the costs taxed. No officer or person shall have the right to demand payment in advance of No officer or person shall have the right to demand payment in advance of

any fees to which he is entitled by virtue of the proceedings.any fees to which he is entitled by virtue of the proceedings. When a person confined under color of proceedings in a CRIMINAL case is When a person confined under color of proceedings in a CRIMINAL case is

discharged, the costs shall be taxed against the Republic of the Philippines discharged, the costs shall be taxed against the Republic of the Philippines and paid out of its Treasury.and paid out of its Treasury.

When a person in custody by virtue or under color of proceedings in a CIVIL When a person in custody by virtue or under color of proceedings in a CIVIL case is discharged, the costs shall be taxed against him or against the person case is discharged, the costs shall be taxed against him or against the person who signed the application for the writ or both as the court shall direct.who signed the application for the writ or both as the court shall direct.

POINTS OF POINTS OF COMPARISONCOMPARISON

HABEAS CORPUSHABEAS CORPUS MANDAMUSMANDAMUS

DefinitionDefinition A writ commanding another to A writ commanding another to produce the body of a prisoner produce the body of a prisoner at a designated time and placeat a designated time and place

A Writ commanding an inferior court, A Writ commanding an inferior court, tribunal, board, corporation or person tribunal, board, corporation or person to perform a particular duty resulting to perform a particular duty resulting from the official station of the party from the official station of the party commandedcommanded

PurposePurpose a) To determine whether or not a) To determine whether or not the detention is lawfulthe detention is lawful

b) To liberate those imprisoned b) To liberate those imprisoned without sufficient causewithout sufficient cause

a) To compel the performance of a a) To compel the performance of a ministerial dutyministerial duty

b) To compel the performance of a b) To compel the performance of a duty requiring discretion only to the duty requiring discretion only to the extent of requiring to act but not how extent of requiring to act but not how to actto act

GroundsGrounds a) Illegal confinement or a) Illegal confinement or detention by which a person is detention by which a person is deprived of his libertydeprived of his liberty

b) When rightful custody of any b) When rightful custody of any person withheld from a person person withheld from a person entitled theretoentitled thereto

a) Unlawful neglect of performing an a) Unlawful neglect of performing an act which the law specifically enjoins act which the law specifically enjoins as a duty resulting from an office, trust as a duty resulting from an office, trust or stationor station

b) Unlawful exclusion of another from b) Unlawful exclusion of another from the use and enjoyment of a right or the use and enjoyment of a right or office to which such other is entitledoffice to which such other is entitled



ApplicantApplicant a) Party whose relief it is a) Party whose relief it is intendedintended

b) Person illegally detainedb) Person illegally detained

c) Other person on his behalfc) Other person on his behalf

Person aggrievedPerson aggrieved

To whom To whom directeddirected

a) If imprisoned or restrained by a) If imprisoned or restrained by an officer, directed to such an officer, directed to such officerofficer

b) If imprisoned or restrained by b) If imprisoned or restrained by a person not an officer, directed a person not an officer, directed to an officerto an officer

Directed at any tribunal, corporation, Directed at any tribunal, corporation, board, officer or personboard, officer or person

Where filed Where filed Supreme CourtSupreme Court

Court of AppealsCourt of Appeals

Regional Trial CourtRegional Trial Court

Supreme CourtSupreme Court



* If it involves acts of quasi-judicial * If it involves acts of quasi-judicial agencies, petition filed only in the agencies, petition filed only in the Court of AppealsCourt of Appeals

* May also be file in Sandiganbayan in * May also be file in Sandiganbayan in aid of its appellate jurisdictionaid of its appellate jurisdiction

WRIT OF AMPAROWRIT OF AMPAROA.M. No. 07-9-12-SCA.M. No. 07-9-12-SC

DEFINITIONDEFINITION

A petition for a writ of amparo is a A petition for a writ of amparo is a remedy available to any person remedy available to any person whose right to life, liberty and security whose right to life, liberty and security is violated or threatened with is violated or threatened with violation by an unlawful act or violation by an unlawful act or omission of a public official or omission of a public official or employee, or of a private individual or employee, or of a private individual or entity. entity.

‘‘Amparo’ Amparo’ literally means ‘to protect’literally means ‘to protect’

SCOPESCOPE

-- The writ shall cover extralegal The writ shall cover extralegal killings and enforced disappearances killings and enforced disappearances or threats thereof.or threats thereof.

-- Limited only to the right to life, Limited only to the right to life, liberty and security of persons.liberty and security of persons.

-- covers both actual and covers both actual and threatened violations of such rights threatened violations of such rights committed by both public officials committed by both public officials and private individuals or entities.and private individuals or entities.

WHO MAY FILEWHO MAY FILE

-- Aggrieved Party –Aggrieved Party – Any member of the immediate family, namely: the Any member of the immediate family, namely: the

spouse, children and parents of the aggrieved party; spouse, children and parents of the aggrieved party; Any ascendant, descendant or collateral relative of Any ascendant, descendant or collateral relative of

the aggrieved party within the fourth civil degree of the aggrieved party within the fourth civil degree of consanguinity or affinity, in default of those consanguinity or affinity, in default of those mentioned in the preceding paragraphmentioned in the preceding paragraph

-Authorized Party – -Authorized Party – Any concerned citizen, organization, association or Any concerned citizen, organization, association or

institution, if there is no known member of the institution, if there is no known member of the immediate family or relative of the aggrieved party.immediate family or relative of the aggrieved party.

FILINGFILING

may be filed on any day, including Saturdays, Sundays and holidays; may be filed on any day, including Saturdays, Sundays and holidays; and at any time, from morning until evening.and at any time, from morning until evening.

The The amparo amparo petition may be filed with:petition may be filed with: Regional Trial Court having territorial jurisdiction on the place where Regional Trial Court having territorial jurisdiction on the place where

the act or omission was committed, or where any of its elements the act or omission was committed, or where any of its elements occurred. occurred.

returnable before the RTCreturnable before the RTC or judge. or judge. SandiganbayanSandiganbayan

may be returnable before such courtmay be returnable before such court or any justice thereof, or to or any justice thereof, or to any any RTCRTC of the place where the violation was committed. of the place where the violation was committed.

Court of Appeals or any of its justicesCourt of Appeals or any of its justices may be returnable before such courtmay be returnable before such court or any justice thereof, or to or any justice thereof, or to any any

RTCRTC of the place where the violation was committed. of the place where the violation was committed. Supreme Court of any of its justicesSupreme Court of any of its justices

returnable before the SCreturnable before the SC or any justice thereof, or before the or any justice thereof, or before the Sandiganbayan Sandiganbayan or the CAor the CA or any of their justices, or to or any of their justices, or to any RTCany RTC of the of the place where the violation took place.place where the violation took place.

No docket and other lawful fees required.No docket and other lawful fees required.

CONTENTSCONTENTS

The petition shall be signed and verified and shall allege the The petition shall be signed and verified and shall allege the following:following:a.a. The personal circumstances of the petitioner;The personal circumstances of the petitioner;b.b. The name and personal circumstances of the respondent The name and personal circumstances of the respondent responsible for the threat, act or omission, or, if the name is responsible for the threat, act or omission, or, if the name is unknown or uncertain, the respondent may be described by an unknown or uncertain, the respondent may be described by an assumed appellation; assumed appellation; c.c. The right to life, liberty and security of the aggrieved party The right to life, liberty and security of the aggrieved party violated or threatened with violation by an unlawful act or omission violated or threatened with violation by an unlawful act or omission of the respondent, and how such threat or violation is committed of the respondent, and how such threat or violation is committed with the attendant circumstances detailed in supporting affidavits;with the attendant circumstances detailed in supporting affidavits;d.d. The investigation conducted, if any, specifying the names, The investigation conducted, if any, specifying the names, personal circumstances, and addresses of the investigating authority personal circumstances, and addresses of the investigating authority or individuals, as well as the manner and conduct of the or individuals, as well as the manner and conduct of the investigation, together with any report;investigation, together with any report;e.e. The actions and recourses taken by the petitioner to The actions and recourses taken by the petitioner to determine the fate or whereabouts of the aggrieved party and the determine the fate or whereabouts of the aggrieved party and the identity of the person responsible for the threat, act or omission; and identity of the person responsible for the threat, act or omission; and f.f. The relief prayed for.The relief prayed for.

ISSUANCEISSUANCE

Upon filing, the court, justice or judge Upon filing, the court, justice or judge shall IMMEDIATELY order the shall IMMEDIATELY order the issuance of the writ, when on the issuance of the writ, when on the face of the petition, it ought to issue.face of the petition, it ought to issue.

A hearing of the petition, which shall A hearing of the petition, which shall not be later than 7 days from the not be later than 7 days from the date of issuance, shall be held.date of issuance, shall be held.

Shall be GRANTED if petitioner is able Shall be GRANTED if petitioner is able to prove his cause of actionto prove his cause of action

SERVICESERVICE

Personal Service made by judicial Personal Service made by judicial officer or by a person deputized by officer or by a person deputized by the court, justice or judge against the the court, justice or judge against the respondent.respondent.

If personal service cannot be made: If personal service cannot be made: Rules on substituted service will Rules on substituted service will applyapply

RETURNRETURNCONTENTSCONTENTS

The lawful defenses to show that the respondent did not violate or threaten with 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 violation the right to life, liberty and security of the aggrieved party, through any act or omission; or omission;

The steps or actions taken by the respondent to determine the fate or whereabouts of 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 the aggrieved party and the person or persons responsible for the threat, act or omission; omission;

All relevant information in the possession of the respondent pertaining to the threat, All relevant information in the possession of the respondent pertaining to the threat, act or omission against the aggrieved party; and act or omission against the aggrieved party; and

If the respondent is a public official or employee, the return shall further state the If the respondent is a public official or employee, the return shall further state the actions that have been or will still be taken: actions that have been or will still be taken:

to verify the identity of the aggrieved party; to verify the identity of the aggrieved party; to recover and preserve evidence related to the death or disappearance of the person identified to recover and preserve evidence related to the death or disappearance of the person identified

in the petition which may aid in the prosecution of the person or persons responsible; in the petition which may aid in the prosecution of the person or persons responsible; to identify witnesses and obtain statements from them concerning the death or disappearance; to identify witnesses and obtain statements from them concerning the death or disappearance; to determine the cause, manner, location and time of death or disappearance as well as any to determine the cause, manner, location and time of death or disappearance as well as any

pattern or practice that may have brought about the death or disappearance; pattern or practice that may have brought about the death or disappearance; to identify and apprehend the person or persons involved in the death or disappearance; and to to identify and apprehend the person or persons involved in the death or disappearance; and to

bring the suspected offenders before a competent courtbring the suspected offenders before a competent courtWhen to File Return: Within SEVENTY-TWO (72) HOURS after the service of the writWhen to File Return: Within SEVENTY-TWO (72) HOURS after the service of the writMust be a Must be a detailed verified returndetailed verified returnNo general denial is allowedNo general denial is allowedDefenses not pleaded is deemed waivedDefenses not pleaded is deemed waivedFailure to file the return will give rise to an Failure to file the return will give rise to an Ex Parte HearingEx Parte HearingRefusal to make a return is punishable by CONTEMPT, the respondent may be Refusal to make a return is punishable by CONTEMPT, the respondent may be

imprisoned or be fined.imprisoned or be fined.

PROHIBITED PLEADINGS AND PROHIBITED PLEADINGS AND MOTIONSMOTIONS

The following pleadings and motions are prohibited:The following pleadings and motions are prohibited:a.a. Motion to dismiss; Motion to dismiss; b.b. Motion for extension of time to file return, opposition, affidavit, Motion for extension of time to file return, opposition, affidavit,

position paper and other pleadings; position paper and other pleadings; c.c. Dilatory motion for postponement;Dilatory motion for postponement;d.d. Motion for a bill of particulars; Motion for a bill of particulars; e.e. Counterclaim or cross-claim; Counterclaim or cross-claim; f.f. Third-party complaint; Third-party complaint; g.g. Reply; Reply; h.h. Motion to declare respondent in default; Motion to declare respondent in default; i.i. Intervention; Intervention; j.j. Memorandum; Memorandum; k.k. Motion for reconsideration of interlocutory orders or interim Motion for reconsideration of interlocutory orders or interim

relief orders; and relief orders; and l.l. Petition for certiorari, mandamus or prohibition against any Petition for certiorari, mandamus or prohibition against any

interlocutory order.interlocutory order.

HEARINGHEARING Summary in nature, but the court Summary in nature, but the court

may conduct a preliminary may conduct a preliminary conferenceconference

INTERIM RELIEFSINTERIM RELIEFS

1.1. Temporary Protection Order (TPO)Temporary Protection Order (TPO) The court, justice or judge, upon motion or motu proprio, may The court, justice or judge, upon motion or motu proprio, may

order that the petitioner or the aggrieved party and any member order that the petitioner or the aggrieved party and any member of his immediate family be protected in a government agency or of his immediate family be protected in a government agency or by an accredited person or private institution capable of keeping by an accredited person or private institution capable of keeping and securing their safety.and securing their safety.

2.2. Inspection Order (IO)Inspection Order (IO) The court, justice or judge, upon verified motion and after due The court, justice or judge, upon verified motion and after due

hearing, may order any person in possession or control of a hearing, may order any person in possession or control of a designated land or other property, to permit entry for the purpose designated land or other property, to permit entry for the purpose of inspecting, measuring, surveying, or photographing the of inspecting, measuring, surveying, or photographing the property or any relevant object or operation thereon.property or any relevant object or operation thereon.

Must stated in sufficient detail the place/s to be inspectedMust stated in sufficient detail the place/s to be inspected Must be under oath and should have supporting affidavitsMust be under oath and should have supporting affidavits Specify the persons authorized to make the inspection, as well as the Specify the persons authorized to make the inspection, as well as the

date, time and manner of making such inspectiondate, time and manner of making such inspection If opposed: The amparo court may conduct a hearing in chambers to If opposed: The amparo court may conduct a hearing in chambers to

determine the merit of the oppositiondetermine the merit of the opposition LIFETIME: 5 Days, unless extended under justifiable circumstancesLIFETIME: 5 Days, unless extended under justifiable circumstances

INTERIM RELIEFSINTERIM RELIEFS

3.3. Production Order (PO)Production Order (PO) The court, justice or judge, upon verified motion and after due hearing, The court, justice or judge, upon verified motion and after due hearing,

may order any person in possession, custody or control of any designated may order any person in possession, custody or control of any designated documents, papers, books, accounts, letters, photographs, objects or documents, papers, books, accounts, letters, photographs, objects or tangible things, or objects in digitized or electronic form, which constitute tangible things, or objects in digitized or electronic form, which constitute or contain evidence relevant to the petition or the return, to produce and or contain evidence relevant to the petition or the return, to produce and permit their inspection, copying or photographing by or on behalf of the permit their inspection, copying or photographing by or on behalf of the movant.movant.

If opposed: The amparo court may conduct a hearing in chambers to determine If opposed: The amparo court may conduct a hearing in chambers to determine the merit of the oppositionthe merit of the opposition

4.4. Witness Protection Order (WPO)Witness Protection Order (WPO) The court, justice or judge, upon motion or motu proprio, may refer the The court, justice or judge, upon motion or motu proprio, may refer the

witnesses to the Department of Justice for admission to the Witness witnesses to the Department of Justice for admission to the Witness Protection, Security and Benefit Program, pursuant to Republic Act No. Protection, Security and Benefit Program, pursuant to Republic Act No. 6981.6981.

Interim Reliefs Available to both Petitioner and RespondentInterim Reliefs Available to both Petitioner and Respondent1.1. Inspection Order - Shall be supported by affidavits or testimonies Inspection Order - Shall be supported by affidavits or testimonies of witnesses having personal knowledge of the defenses of the of witnesses having personal knowledge of the defenses of the respondent/s.respondent/s.2.2. Protection OrderProtection Order

BURDEN OF PROOF AND BURDEN OF PROOF AND STANDARD OF DILIGENCESTANDARD OF DILIGENCE

Substantial EvidenceSubstantial Evidence Standard of DiligenceStandard of Diligence

Private Individual or Entity as Respondent: Private Individual or Entity as Respondent: Prove that ORDINARY DILIGENCE as required Prove that ORDINARY DILIGENCE as required by applicable laws, rules and regulations was by applicable laws, rules and regulations was observed in the performance of duty.observed in the performance of duty.

Public Official or Employee as Respondent – Public Official or Employee as Respondent – Prove that EXTRA-ORDINARY DILIGENCE as Prove that EXTRA-ORDINARY DILIGENCE as required by applicable laws, rules and required by applicable laws, rules and regulations was observed in the performance regulations was observed in the performance of dutyof duty

JUDGMENTJUDGMENT Court shall render judgment within 10 days from Court shall render judgment within 10 days from

the time petition is submitted for decisionthe time petition is submitted for decision GRANTED if allegations are proven by substantial GRANTED if allegations are proven by substantial

evidence, OTHERWISE, it shall be DENIED.evidence, OTHERWISE, it shall be DENIED. FAILURE TO PRESENT SUBSTANTIAL EVIDENCE: FAILURE TO PRESENT SUBSTANTIAL EVIDENCE:

Case will be archived, not dismissedCase will be archived, not dismissed Revival of Archived Petition - A periodic review shall be Revival of Archived Petition - A periodic review shall be

made by the court and shall motu proprio or upon motion made by the court and shall motu proprio or upon motion of any party order its revival when ready for further of any party order its revival when ready for further proceedings.proceedings.

Dismissal of Petition after it has been archived - Dismissal of Petition after it has been archived - DISMISSED WITH PREJUDICE upon failure to prosecute DISMISSED WITH PREJUDICE upon failure to prosecute the case after the lapse of two (2) years from notice to the case after the lapse of two (2) years from notice to the petitioner of the order archiving the case.the petitioner of the order archiving the case.

APPEALAPPEAL

Any party may appeal from the final Any party may appeal from the final judgment or order TO THE SUPREME judgment or order TO THE SUPREME COURT under Rule 45.COURT under Rule 45.

May raise questions of fact or law or May raise questions of fact or law or both.both.

Period of Appeal: Five (5) working days Period of Appeal: Five (5) working days from the date of notice of the adverse from the date of notice of the adverse judgment.judgment.

Order to archive petition NOT Order to archive petition NOT APPEALABLE. Interlocutory order…APPEALABLE. Interlocutory order…

INSTITUTION OF SEPARATE INSTITUTION OF SEPARATE ACTIONSACTIONS

Prerogative Writ: thus, it does not suspend the filing of Prerogative Writ: thus, it does not suspend the filing of criminal, civil or administrative actionscriminal, civil or administrative actions

Not a criminal proceeding Will NOT determine the Not a criminal proceeding Will NOT determine the criminal guilt of respondent, BUT the amparo court criminal guilt of respondent, BUT the amparo court may refer the case to the DOJ for criminal prosecution.may refer the case to the DOJ for criminal prosecution.

EFFECT OF FILING A SEPARATE CRIMINAL ACTION:EFFECT OF FILING A SEPARATE CRIMINAL ACTION: If instituted BEFORE the filing of a petition for writ of If instituted BEFORE the filing of a petition for writ of

amparo, NO SEPARATE PETITION for the writ of amparo shall amparo, NO SEPARATE PETITION for the writ of amparo shall be filed. The reliefs under the writ shall be available BY be filed. The reliefs under the writ shall be available BY MOTION in the criminal case.MOTION in the criminal case.

If instituted AFTER the filing of a petition for writ of amparo, If instituted AFTER the filing of a petition for writ of amparo, the petition for the writ shall be CONSOLIDATED with the the petition for the writ shall be CONSOLIDATED with the criminal action.criminal action.

Criminal and a separate civil action are instituted AFTER a Criminal and a separate civil action are instituted AFTER a petition for the writ of amparo has already been filed, the petition for the writ of amparo has already been filed, the petition shall be CONSOLIDATED WITH THE CRIMINAL ACTION. petition shall be CONSOLIDATED WITH THE CRIMINAL ACTION.

OTHER RULES/DOCTRINESOTHER RULES/DOCTRINES

Does not diminish, increase or modify Does not diminish, increase or modify substantive rights recognized and substantive rights recognized and protected by the Constitution. protected by the Constitution. (Sec. 24, (Sec. 24, A.M. No. 07-9-12-SC)A.M. No. 07-9-12-SC)

Rules of Court apply in a SUPPLETORY Rules of Court apply in a SUPPLETORY mannermanner (Sec. 25, A.M. No. 07-9-12-SC) (Sec. 25, A.M. No. 07-9-12-SC)

Shall govern cases involving ELKs and EDs Shall govern cases involving ELKs and EDs pending in trial courts and appellate pending in trial courts and appellate courtscourts. . (Sec. 26(Sec. 26, , A.M. No. 07-9-12-SC)A.M. No. 07-9-12-SC)

CASE DOCTRINESCASE DOCTRINESG.R. No. 182795 ARMANDO G.R. No. 182795 ARMANDO

Q. CANLAS et. al. vs. NAPICO Q. CANLAS et. al. vs. NAPICO HOMEOWNERS ASS’N., I – XIII, HOMEOWNERS ASS’N., I – XIII, INC., ET AL.INC., ET AL.

The threatened demolition of a The threatened demolition of a dwelling by virtue of a final dwelling by virtue of a final judgment of the court is not judgment of the court is not included among the enumeration included among the enumeration of rights as stated in Section 1 for of rights as stated in Section 1 for which the remedy of a which the remedy of a writ of writ of amparoamparo is made available. is made available.

G.R. No. 182484 G.R. No. 182484 TAPUZ et. al. vs. TAPUZ et. al. vs. DEL ROSARIO et. al.DEL ROSARIO et. al.

A writ of amparo is not a writ to A writ of amparo is not a writ to protect concerns that are purely protect concerns that are purely property or commercial. Neither is property or commercial. Neither is it a writ that we shall issue on it a writ that we shall issue on amorphous and uncertain amorphous and uncertain grounds. grounds.

When recourses in the ordinary When recourses in the ordinary course of law fail because of course of law fail because of deficient legal representation or deficient legal representation or the use of improper remedial the use of improper remedial measures, neither the writ of measures, neither the writ of certioraricertiorari nor that of amparo - nor that of amparo - extraordinary though they may be extraordinary though they may be - will suffice to serve as a curative - will suffice to serve as a curative substitute substitute

CASE DOCTRINESCASE DOCTRINESG.R. No. 180906G.R. No. 180906SECRETARY OF NATIONAL DEFENSE vs. MANALO SECRETARY OF NATIONAL DEFENSE vs. MANALO

As the Amparo Rule was intended to address the intractable As the Amparo Rule was intended to address the intractable problem of "extralegal killings" and "enforced problem of "extralegal killings" and "enforced disappearances," its coverage, in its present form, is disappearances," its coverage, in its present form, is confined to these two instances or to threats thereof.confined to these two instances or to threats thereof.

The remedy of the writ of amparo provides rapid judicial relief The remedy of the writ of amparo provides rapid judicial relief as it partakes of a summary proceeding that requires only as it partakes of a summary proceeding that requires only substantial evidence to make the appropriate reliefs substantial evidence to make the appropriate reliefs available to the petitioner; it is not an action to determine available to the petitioner; it is not an action to determine criminal guilt requiring proof beyond reasonable doubt, or criminal guilt requiring proof beyond reasonable doubt, or liability for damages requiring preponderance of evidence, liability for damages requiring preponderance of evidence, or administrative responsibility requiring substantial or administrative responsibility requiring substantial evidence that will require full and exhaustive proceedings.evidence that will require full and exhaustive proceedings.

CASE DOCTRINESCASE DOCTRINESG.R. No. 182165 G.R. No. 182165 CASTILLO et. al. vs. CRUZ et. al.CASTILLO et. al. vs. CRUZ et. al.

The coverage of the writs of amparo and habeas data is limited The coverage of the writs of amparo and habeas data is limited to the protection of rights to life, liberty and security. And the to the protection of rights to life, liberty and security. And the writs cover not only actual but also threats of unlawful acts writs cover not only actual but also threats of unlawful acts or omissions.or omissions.

To thus be covered by the privilege of the writs, respondents To thus be covered by the privilege of the writs, respondents must meet the threshold requirement that their right to life, must meet the threshold requirement that their right to life, liberty and security is violated or threatened with an unlawful liberty and security is violated or threatened with an unlawful act or omission. act or omission.

Petitions for writs of amparo and Petitions for writs of amparo and habeas datahabeas data are extraordinary are extraordinary remedies which cannot be used as tools to stall the execution remedies which cannot be used as tools to stall the execution of a final and executory decision in a property dispute. of a final and executory decision in a property dispute.

CASE DOCTRINESCASE DOCTRINESG.R. No. 182498 G.R. No. 182498 RAZON, JR et. al. vs. TAGITISRAZON, JR et. al. vs. TAGITIS

. The issuance of writ of amparo does not determine guilt nor . The issuance of writ of amparo does not determine guilt nor pinpoint criminal culpability for the disappearance; rather, it pinpoint criminal culpability for the disappearance; rather, it determines responsibility, or at least accountability, for the determines responsibility, or at least accountability, for the enforced disappearance for purposes of imposing the enforced disappearance for purposes of imposing the appropriate remedies to address the disappearance. appropriate remedies to address the disappearance.

The burden for the public authorities to discharge in these The burden for the public authorities to discharge in these situations, under the Rule on the Writ of Amparo, is twofold. situations, under the Rule on the Writ of Amparo, is twofold. The first is to ensure that all efforts at disclosure and The first is to ensure that all efforts at disclosure and investigation are undertaken under pain of indirect contempt investigation are undertaken under pain of indirect contempt from this Court when governmental efforts are less than what from this Court when governmental efforts are less than what the individual situations require. The second is to address the the individual situations require. The second is to address the disappearance, so that the life of the victim is preserved and disappearance, so that the life of the victim is preserved and his or her liberty and security restored. his or her liberty and security restored.

CASE DOCTRINESCASE DOCTRINESTo read the Rules of Court requirement on pleadings while To read the Rules of Court requirement on pleadings while

addressing the unique Amparo situation, the test in reading addressing the unique Amparo situation, the test in reading the petition should be to determine whether it contains the the petition should be to determine whether it contains the details available to the petitioner under the circumstances, details available to the petitioner under the circumstances, while presenting a cause of action showing a violation of while presenting a cause of action showing a violation of the victim’s rights to life, liberty and security through State the victim’s rights to life, liberty and security through State or private party action. The petition should likewise be read or private party action. The petition should likewise be read in its totality, rather than in terms of its isolated component in its totality, rather than in terms of its isolated component parts, to determine if the required elements – namely, of parts, to determine if the required elements – namely, of the disappearance, the State or private action, and the the disappearance, the State or private action, and the actual or threatened violations of the rights to life, liberty or actual or threatened violations of the rights to life, liberty or security – are present. security – are present.

The requirement for supporting affidavits, with the annotation The requirement for supporting affidavits, with the annotation that these can be used as the affiant’s direct testimony that these can be used as the affiant’s direct testimony should not be read as an absolute one that necessarily should not be read as an absolute one that necessarily leads to the dismissal of the petition if not strictly followed. leads to the dismissal of the petition if not strictly followed.

CASE DOCTRINESCASE DOCTRINESThus, in these proceedings, the Amparo petitioner Thus, in these proceedings, the Amparo petitioner

needs only to properly comply with the substance needs only to properly comply with the substance and form requirements of a Writ of Amparo and form requirements of a Writ of Amparo petition, and prove the allegations by substantial petition, and prove the allegations by substantial evidence. Once a rebuttable case has been evidence. Once a rebuttable case has been proven, the respondents must then respond and proven, the respondents must then respond and prove their defenses based on the standard of prove their defenses based on the standard of diligence required. The rebuttable case, of course, diligence required. The rebuttable case, of course, must show that an enforced disappearance took must show that an enforced disappearance took place under circumstances showing a violation of place under circumstances showing a violation of the victim’s constitutional rights to life, liberty or the victim’s constitutional rights to life, liberty or security, and the failure on the part of the security, and the failure on the part of the investigating authorities to appropriately respond. investigating authorities to appropriately respond.


AMPAROAMPARO MANDAMUSMANDAMUS

DefinitionDefinition A remedy available to any person A remedy available to any person whose right to life, liberty and whose right to life, liberty and security is violated or threatened security is violated or threatened with violation by an unlawful act or with violation by an unlawful act or omission of a public official or omission of a public official or employee, or of a private individual employee, or of a private individual or entity. or entity.

A Writ commanding an inferior court, A Writ commanding an inferior court, tribunal, board, corporation or person to tribunal, board, corporation or person to perform a particular duty resulting from the perform a particular duty resulting from the official station of the party commandedofficial station of the party commanded

PurposePurpose the writ protects the right to life, the writ protects the right to life, liberty and security of personsliberty and security of personsIt covers both actual and threatened It covers both actual and threatened violations of such rights committed violations of such rights committed by both public officials and private by both public officials and private individuals or entities.individuals or entities.The writ covers extralegal killings The writ covers extralegal killings (ELKs) and enforced disappearances (ELKs) and enforced disappearances (EDs)(EDs)

a) To compel the performance of a a) To compel the performance of a ministerial dutyministerial duty

b) To compel the performance of a duty b) To compel the performance of a duty requiring discretion only to the extent of requiring discretion only to the extent of requiring to act but not how to actrequiring to act but not how to act

GroundsGrounds Threatened or actual violation of the Threatened or actual violation of the right to life, liberty and security by an right to life, liberty and security by an unlawful act or omissionunlawful act or omission

a) Unlawful neglect of performing an act a) Unlawful neglect of performing an act which the law specifically enjoins as a duty which the law specifically enjoins as a duty resulting from an office, trust or stationresulting from an office, trust or station

b) Unlawful exclusion of another from the b) Unlawful exclusion of another from the use and enjoyment of a right or office to use and enjoyment of a right or office to which such other is entitledwhich such other is entitled



ApplicantApplicant Aggrieved Party Aggrieved Party

Authorized PartyAuthorized PartyPerson aggrievedPerson aggrieved

To whom To whom directeddirected

a) If imprisoned or restrained by a) If imprisoned or restrained by an officer, directed to such an officer, directed to such officerofficer

b) If imprisoned or restrained by b) If imprisoned or restrained by a person not an officer, directed a person not an officer, directed to an officerto an officer

Directed at any tribunal, corporation, Directed at any tribunal, corporation, board, officer or personboard, officer or person

Where filed Where filed Regional Trial Court Regional Trial Court

SandiganbayanSandiganbayan

Court of Appeals or any of its Court of Appeals or any of its justicesjustices

Supreme Court of any of its Supreme Court of any of its justicesjustices

Supreme CourtSupreme Court



* If it involves acts of quasi-judicial * If it involves acts of quasi-judicial agencies, petition filed only in the agencies, petition filed only in the Court of AppealsCourt of Appeals

* May also be file in Sandiganbayan in * May also be file in Sandiganbayan in aid of its appellate jurisdictionaid of its appellate jurisdiction

WRIT OF HABEAS WRIT OF HABEAS DATADATA

A.M. No. 08-1-16-SCA.M. No. 08-1-16-SC

WRIT OF HABEAS DATAWRIT OF HABEAS DATA The basic attribute of an effective right to The basic attribute of an effective right to

informational privacy is the right of individuals to informational privacy is the right of individuals to control the flow information concerning or describing control the flow information concerning or describing them. It is however a right that must be balanced by them. It is however a right that must be balanced by legitimate concerns.legitimate concerns.

There is therefore a pressing need to provide for There is therefore a pressing need to provide for judicial remedies (such as the writ of habeas data) judicial remedies (such as the writ of habeas data) that would allow the summary hearing of the that would allow the summary hearing of the unlawful use of data or information and the remedy unlawful use of data or information and the remedy possible violations of the right to privacy. possible violations of the right to privacy.

In general, the Writ of Habeas Data is designed to In general, the Writ of Habeas Data is designed to protect, by means of an individual complaint protect, by means of an individual complaint presented to a constitutional court, the image, presented to a constitutional court, the image, privacy, honor, information, self-determination and privacy, honor, information, self-determination and freedom of information of a person.freedom of information of a person.

WRIT OF HABEAS DATAWRIT OF HABEAS DATA Several studies have shown remarkable uses of the Several studies have shown remarkable uses of the habeas datahabeas data

writ- uses that were not really intended by its developers. An writ- uses that were not really intended by its developers. An “unforeseen effect” of this juridical remedy is that it has become “unforeseen effect” of this juridical remedy is that it has become “an excellent Human Rights tool mostly in the countries that are “an excellent Human Rights tool mostly in the countries that are recovering from military dictatorships. The Supreme Court in recovering from military dictatorships. The Supreme Court in Argentina held that the habeas data rule applied implicitly to the Argentina held that the habeas data rule applied implicitly to the families of the deceased in a case involving extrajudicial killing families of the deceased in a case involving extrajudicial killing and enforced disappearance. This was a recognition of the right of and enforced disappearance. This was a recognition of the right of families of the disappeared, usually victims of the military regime, families of the disappeared, usually victims of the military regime, to request access to police and military records otherwise closed to request access to police and military records otherwise closed to them- and, in essence, establishing a right to truth. to them- and, in essence, establishing a right to truth.

This right to truth entitles the families of disappeared persons to This right to truth entitles the families of disappeared persons to know the totality of circumstances surrounding the fates of their know the totality of circumstances surrounding the fates of their relatives and imposes an obligation of investigation on the part of relatives and imposes an obligation of investigation on the part of governments.governments.

The right to truth is a component of the right to life, liberty and The right to truth is a component of the right to life, liberty and security. The writ of habeas data will provide people with security. The writ of habeas data will provide people with additional remedy that would hopefully terminate the extrajudicial additional remedy that would hopefully terminate the extrajudicial killings and enforced disappearances plaguing the country.killings and enforced disappearances plaguing the country.

WRIT OF HABEAS DATAWRIT OF HABEAS DATA All persons have the right to access information about themselves, All persons have the right to access information about themselves,

especially if it is in the possession of the government. The right to especially if it is in the possession of the government. The right to access and control personal information is essential to protect access and control personal information is essential to protect one’s privacy, honor and personal identity.one’s privacy, honor and personal identity.

The writ of habeas data is a remedy to protect the right to life, The writ of habeas data is a remedy to protect the right to life, liberty or security of a person from violation or threatened violation liberty or security of a person from violation or threatened violation by an unlawful act or omission of a public official or employee or of by an unlawful act or omission of a public official or employee or of a private individual or entity. It complements the remedies of the a private individual or entity. It complements the remedies of the writ of amparowrit of amparo and and writ of habeas corpus. writ of habeas corpus.

The writ of habeas data can be availed of as an independent The writ of habeas data can be availed of as an independent remedy to enforce one’s right to privacy, more specifically, the remedy to enforce one’s right to privacy, more specifically, the right to informational privacy. The remedies against the violation of right to informational privacy. The remedies against the violation of such right can include updating, rectification, suppression or such right can include updating, rectification, suppression or destruction of the database or information or files in possession or destruction of the database or information or files in possession or in control of respondents.in control of respondents.

The right to privacy is a personal right. Hence, generally, it is the The right to privacy is a personal right. Hence, generally, it is the aggrieved party who can seek the remedy of the writ for its aggrieved party who can seek the remedy of the writ for its enforcement.enforcement.

Tapuz et. al v. del RosarioTapuz et. al v. del Rosario (G.R. No. 182484)(G.R. No. 182484)

Section 6 of the Rule on the Writ of Habeas Data requires the following material allegations of ultimate Section 6 of the Rule on the Writ of Habeas Data requires the following material allegations of ultimate facts in a petition for the issuance of a writ of habeas data:facts in a petition for the issuance of a writ of habeas data:"(a) The personal circumstances of the petitioner and the respondent;"(a) The personal circumstances of the petitioner and the respondent;(b) The manner the right to privacy is violated or threatened and how it affects the right to life, (b) 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;liberty or security of the aggrieved party;(c) The actions and recourses taken by the petitioner to secure the data or information;(c) The actions and recourses taken by the petitioner to secure the data or information;(d) The location of the files, registers or databases, the government office, and the person in (d) The location of the files, registers or databases, the government office, and the person in charge, in possession or in control of the data or information, if known;charge, in possession or in control of the data or information, if known;(e) The reliefs prayed for, which may include the updating, rectification, suppression or destruction (e) The reliefs prayed for, which may include the updating, rectification, suppression or destruction of the database or information or files kept by the respondent.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; andIn case of threats, the relief may include a prayer for an order enjoining the act complained of; and

(f) Such other relevant reliefs as are just and equitable."(f) Such other relevant reliefs as are just and equitable."

Support for the habeas data aspect of the present petition only alleges that:Support for the habeas data aspect of the present petition only alleges that:

"1. [ ... ] Similarly, a petition for a WRIT OF HABEAS DATA is prayed for so that the PNP may release "1. [ ... ] Similarly, a petition for a WRIT OF HABEAS DATA is prayed for so that the PNP may release the report on the burning of the homes of the petitioners and the acts of violence employed against the report on the burning of the homes of the petitioners and the acts of violence employed against them by the private respondents, furnishing the Court and the petitioners with copy of the same;them by the private respondents, furnishing the Court and the petitioners with copy of the same;

66. Petitioners apply for a WRIT OF HABEAS DATA commanding the Philippine National Police [PNP] 66. Petitioners apply for a WRIT OF HABEAS DATA commanding the Philippine National Police [PNP] to produce the police report pertaining to the burning of the houses of the petitioners in the land in to produce the police report pertaining to the burning of the houses of the petitioners in the land in dispute and likewise the investigation report if an investigation was conducted by the PNP."dispute and likewise the investigation report if an investigation was conducted by the PNP."

Tapuz et. al v. del RosarioTapuz et. al v. del Rosario (G.R. No. 182484)(G.R. No. 182484)

These allegations obviously lack what the Rule on Writ of These allegations obviously lack what the Rule on Writ of Habeas Data requires as a minimum, thus rendering the Habeas Data requires as a minimum, thus rendering the petition fatally deficient. Specifically, we see no concrete petition fatally deficient. Specifically, we see no concrete allegations of unjustified or unlawful violation of the right to allegations of unjustified or unlawful violation of the right to privacy related to the right to life, liberty or security. The privacy related to the right to life, liberty or security. The petition likewise has not alleged, much less demonstrated, petition likewise has not alleged, much less demonstrated, any need for information under the control of police any need for information under the control of police authorities other than those it has already set forth as authorities other than those it has already set forth as integral annexes. The necessity or justification for the integral annexes. The necessity or justification for the issuance of the writ, based on the insufficiency of previous issuance of the writ, based on the insufficiency of previous efforts made to secure information, has not also been efforts made to secure information, has not also been shown. In sum, the prayer for the issuance of a writ of shown. In sum, the prayer for the issuance of a writ of habeas data is nothing more than the "fishing expedition" habeas data is nothing more than the "fishing expedition" that this Court - in the course of drafting the Rule on that this Court - in the course of drafting the Rule on habeas data - had in mind in defining what the purpose of a habeas data - had in mind in defining what the purpose of a writ of habeas data is not. In these lights, the outright writ of habeas data is not. In these lights, the outright denial of the petition for the issuance of the writ of habeas denial of the petition for the issuance of the writ of habeas data is fully in order.data is fully in order.

Section 1 of the Rule on the Writ of Habeas Data provides:Section 1 of the Rule on the Writ of Habeas Data provides: Section 1. Habeas Data. – The writ of habeas data is a Section 1. Habeas Data. – The writ of habeas data is a

remedy available to any person whose right to privacy in remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee or of unlawful act or omission of a public official or employee or of a private individual or entity engaged in the gathering, a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved person, family, home and correspondence of the aggrieved party. (Emphasis and underscoring supplied)party. (Emphasis and underscoring supplied)

From the above-quoted provisions, the coverage of the writs From the above-quoted provisions, the coverage of the writs is limited to the protection of rights to life, liberty and is limited to the protection of rights to life, liberty and security. And the writs cover not only actual but also threats security. And the writs cover not only actual but also threats of unlawful acts or omissions.of unlawful acts or omissions.

Castillo et. al v Cruz et. al Castillo et. al v Cruz et. al G.R. No. 182165G.R. No. 182165

3.3. G.R. No. 184769 October 5, 2010G.R. No. 184769 October 5, 2010MANILA ELECTRIC COMPANY, ALEXANDER S. DEYTO MANILA ELECTRIC COMPANY, ALEXANDER S. DEYTO

and RUBEN A. SAPITULA, Petitioners, vs. ROSARIO and RUBEN A. SAPITULA, Petitioners, vs. ROSARIO GOPEZ LIM, Respondent.GOPEZ LIM, Respondent.

4. G.R. No. 189155 September 7, 20104. G.R. No. 189155 September 7, 2010IN THE MATTER OF THE PETITION FOR THE WRIT OF IN THE MATTER OF THE PETITION FOR THE WRIT OF AMPARO AND THE WRIT OF AMPARO AND THE WRIT OF HABEASHABEAS DATA IN FAVOR DATA IN FAVOR

OF MELISSA C. ROXAS, MELISSA C. ROXAS, Petitioner, OF MELISSA C. ROXAS, MELISSA C. ROXAS, Petitioner, vs. GLORIA MACAPAGAL-ARROYO, GILBERT vs. GLORIA MACAPAGAL-ARROYO, GILBERT

TEODORO, GEN. VICTOR S. IBRADO, P/DIR. GEN. TEODORO, GEN. VICTOR S. IBRADO, P/DIR. GEN. JESUS AME VERZOSA, LT. GEN. DELFIN N. BANGIT, JESUS AME VERZOSA, LT. GEN. DELFIN N. BANGIT,

PC/SUPT. LEON NILO A. DELA CRUZ, MAJ. GEN. PC/SUPT. LEON NILO A. DELA CRUZ, MAJ. GEN. RALPH VILLANUEVA, PS/SUPT. RUDY GAMIDO RALPH VILLANUEVA, PS/SUPT. RUDY GAMIDO

LACADIN, AND CERTAIN PERSONS WHO GO BY THE LACADIN, AND CERTAIN PERSONS WHO GO BY THE NAME[S] DEX, RC AND ROSE, Respondents.NAME[S] DEX, RC AND ROSE, Respondents.

Writ of MandamusWrit of Mandamus It is a writ developed to protect the It is a writ developed to protect the

rights of the individual against the rights of the individual against the State.State.

It is used to command a governmental It is used to command a governmental agency to perform a ministerial agency to perform a ministerial function, so that a person may enjoy function, so that a person may enjoy the benefits of a common government. the benefits of a common government.

In general, the Writ of Habeas Data is In general, the Writ of Habeas Data is designed to protect, by means of an designed to protect, by means of an individual complaint presented to a individual complaint presented to a constitutional court, the image, privacy, constitutional court, the image, privacy, honor, information, self-determination honor, information, self-determination and freedom of information of a person.and freedom of information of a person.

The habeas data rule applied implicitly The habeas data rule applied implicitly to the families of the deceased in a to the families of the deceased in a case involving extrajudicial killing and case involving extrajudicial killing and enforced disappearance. This was a enforced disappearance. This was a recognition of the right of families of recognition of the right of families of the disappeared, usually victims of the the disappeared, usually victims of the military regime, to request access to military regime, to request access to police and military records otherwise police and military records otherwise closed to them- and, in essence, closed to them- and, in essence, establishing a right to truth. establishing a right to truth.

This right to truth entitles the families This right to truth entitles the families of disappeared persons to know the of disappeared persons to know the totality of circumstances surrounding totality of circumstances surrounding the fates of their relatives and imposes the fates of their relatives and imposes an obligation of investigation on the an obligation of investigation on the part of governments.part of governments.

Family members of disappeared Family members of disappeared persons have used actions for persons have used actions for habeas habeas datadata to obtain information concerning to obtain information concerning government conduct, to learn the fate government conduct, to learn the fate of disappeared persons, ant to exact of disappeared persons, ant to exact accountability.accountability.

This action constitute important means This action constitute important means to guarantee the right to privacy and, to guarantee the right to privacy and, as a complementary right, “the right to as a complementary right, “the right to truth”.truth”.

Writ of Habeas DataWrit of Habeas Data

final+specpro

Documents

regional trial courts

regional trial court

individual complaint presented

duty requiring discretion

law specifically enjoins

habeas data requires

person illegally detained

person entitled thereto