Comparative Table_Habeas Corpus v Writ of Amparo v Habeas Data
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All cases of illegal confinement and detention which any person is deprived of his liberty; or rightful custody of any person is withheld from the person entitled (102.1) Actual violation before writ issues. Note G
on applicability of the writ in case of constructive restraint £ay be suspended in cases of invasion or rebellion when public safety requires it (Consti. Art. III Sec. 15) By a petition signed and verified by the p or p (102.3)
[ranted by: or any thereof, on or any thereof j or a thereof, enforceable only within his judicial district (102.2) £ j j !! !j (section 35 BP 129) If or issued, ? If granted by the j or judge thereof, it is enforceable in ? ? ? (ë !"#! $ ë !% & where the judge sits If the one that granted the writ: Is the or , or a member thereof, returnable before such or ? thereof or an An j , or a judge thereof, (102.2)
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of such proceedings the court or judge shall make such order as to costs as the case requires (102.19)
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Signed and verified either by the party for whose relief it is intended or by some person on his behalf, setting forth: *The person in whose behalf whose the application is made is imprisoned or restrained of his liberty
cC o m p a r a t i v e T a b l e _ H a b e a s C o r p u s
Involves right to life, liberty and security violated or threatened with violation by an unlawful act or omission of a public official or employee or a private individual or entity It covers extralegal killings and enforced disappearances or threats thereof. (RWA Sec.1)
Involves the right to privacy in life, liberty or security of the aggrieved party and covers extralegal killings and enforced disappearances (RWD Sec.1)
Shall not diminish, increase or modify substantive rights (RWA Sec. 24) Petition filed by the p or by p in the following order: a. Any member of the immediate family b. Any ascendant, descendant or collateral relative of the aggrieved within the 4th civil degree of consanguinity or affinity Filing by the aggrieved or representative suspends the right of all others (RWA Sec. 2) Filed on : " , or of such courts j of p (RWA Sec. 3)
Shall not diminish, increase or modify substantive rights (RWD Sec. 23) Any p may file a petition for the WHD However, in cases of extralegal killings and enforced disappearances, the petition may be filed by (also successive): a. Any member of the immediate family of the aggrieved b. Any ascendant, descendant or collateral relative of the aggrieved party within the 4th civil degree of consanguinity or affinity, (RWD Sec. 2)
Writ shall be enforceable anywhere in the Philippines (RWA Sec. 3)
Petition may be filed with j p p or that p , at the option of petitioner If public data files of , petition shall be filed with the , , or " (RWD Sec. 3) Writ shall be enforceable anywhere in the Philippines (RWD Sec. 3)
If the one that granted the writ: or any of its justices: before such court or any justice thereof, or before the SB or CA or any of their justices, or to any RTC of the place where the threat, act or omission was committed or any of its elements occurred The " or or any of their justices, before such court or any justice thereof, or to any RTC of the place where the threat, act, or omission was committed or any of its elements occurred j , returnable before such court or judge (RWA Sec. 3) $ Petitioner shall be exempted from the payment of the docket and other lawful fees. Court, justice or judge shall docket the petition and act upon it immediately (RWA Sec 4) Signed and verified and shall allege: *The personal circumstances of the petitioner *Name or appellation and circumstances of the respondent *The right to life, liberty, and security violated or threatened
If issued by: The or any of its justices, before such Court or any justice thereof, or CA or SB or any of its justices, or the RTC of the place where the petitioner or respondent resides / has jurisdiction over the place where the data or information is gathered, stored or collected The or " or any of its justices, before such court or any justice thereof, or the RTC (same with scenario: SC issued and then returned in RTC) j , returnable before such court or judge (RWD Sec. 4) Petition shall be docketed and acted upon immediately, w/o prejudice to subsequent submission of proof of indigency not later than 15 days from filing (RWD Sec. 5) Verified and written petition shall contain: *Personal circumstances of petitioner and respondent *£anner the right to privacy is violated or threatened and its effects
vs. Wri t of Ampar o vs. Habeas
Data(fr om UP LAW BAROPS)
*Name of the person detaining another or assumed appellation *Place where he is imprisoned or restrained of his liberty *Cause of detention, or allegation that there͛s none (102.3)
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with violation, *The investigation conducted, if any, plus circumstances of each *The actions and recourses taken by the petitioner *Relief prayed for *£ay include a general prayer for other just and equitable reliefs (RWA Sec. 5) Upon the filing of the petition, the court, justice, or judge shall of the writ if on its face it ought to issue >CoC shall issue the writ under the seal of the court; or >In case of urgent necessity, the justice or the judge may issue the writ under his or her own hand, ͙and may deputize any officer or person to serve it
*Actions and recourses taken by the petitioner to secure the data or information *The location of the files, registers, or databases, the government office, and the person in charge or control *The reliefs prayed for *Such other relevant reliefs as are just and equitable (RWD Sec. 6) Upon filing of the petition, the court, justice, or judge shall immediately order the issuance of the writ if on its face it ought to issue. >CoC shall issue the writ under the seal of the court and cause it to be served within 3 days from issuance; or >In case of urgent necessity, the justice or judge may issue the writ under his or her own hand, and may deputize any officer or person to serve it (RWD Sec. 7)
The writ shall be served upon the respondent *by a judicial officer or *by a person deputized by the court, justice or judge who shall retain a copy on which to make a return of service In case the writ cannot be served personally on the respondent, the rules on substituted service shall apply (so personally, but if di pede, substituted) (RWA Sec. 8)
The writ shall be served upon the respondent *by a judicial officer or *by a person deputized by the court, justice or judge who shall retain a copy on which to make a return of service In case the writ cannot be served personally on the respondent, the rules on substituted service shall apply (so personally, but if di pede, substituted) (RWD Sec. 9)
Respondent is a public official or employee or private individual or entity Respondent files the return
A public official or employee or a private individual or entity engaged in gathering, collecting or storing data Respondent files the return
officer shall then make due return of the writ, with the day and cause of the caption and restraint according to the command thereof (102.8) On the day specified on the writ
Within 5 working days after service of the writ
Same with WA
When the person to be produced is imprisoned or restrained by an officer the person who makes the return shall state, and in other cases the person in whose custody the prisoner is found shall state in writing to the court or judge before
Within 5 working days after service of the writ, the respondent shall file a verified written return together with supporting affidavits which shall, , contain: *Lawful defenses
*Lawful defenses such as national security, state secrets, privileged communications, confidentiality of the source of information of media etc. *In case of respondent in charge, in possession or in control
Court or judge must, when a petition is presented and it appears that it ought to issue, grant the same and then: >the clerk of court (CoC) shall issue the writ under the seal of the court; or >in case of emergency, the judge may issue the writ under his own hand, and may depute any officer or person to serve it (102.5) Also proper to be issued ' p , and is satisfied that he is unlawfully imprisoned (102.5) Writ may be served in any province the (a) sheriff, (b) other proper officer, or (c) or person deputed by the court or judge Service is leaving the original with the person to whom it is directed and preserving a copy on which to make return of service ( ? ) If that person cannot be found, or has not the prisoner in his custody, service shall be made on any other person having or exercising such custody ( )(102.7) £ay or may not be an officer
The officer to whom the writ is directed shall convey the person so imprisoned or restrained before: the judge allowing the writ, or, in his absence or disability, before some other judge of the same court on the day specified in the writ, unless person directed to be produced is sick or infirm, and cannot, without danger, be brought therein
4C o m p a r a t i v e T a b l e _ H a b e a s C o r p u s
vs. Wri t of Ampar o vs. Habeas
Data(fr om UP LAW BAROPS)
whom the writ is returnable: *Truth of custody/power over the aggrieved *If p, or under restraint, the authority and the cause thereof, with a copy of the writ, order, execution or other process, if any upon which the party is held; *If the party is in his custody or power, and is p , particularly the nature and gravity of the sickness or infirmity *If he has had the party in his custody or power, and has , particularly to whom, at what time, for what cause, and by what authority such transfer was made. (102.10)
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Return or statement shall be signed and sworn to by the person who makes it if the prisoner is not produced, Unless the return is made and signed by a sworn public officer in his official capacity (102.11) CoC who refuses to issue the writ after allowance and demand, Or a person to whom a writ is directed, who: neglects/refuses to obey or make return of the same according to the command thereof, or makes false return, or upon demand made by or on behalf of the prisoner, refuses to deliver to the person demanding, within 6 hours a true copy of the warrant or order of commitment, shall forfeit to the party aggrieved the sum of P1000, recoverable in a proper action, and may also be punished for contempt (102.16)
(* &*
Yes. No prohibition in Rule.
ÿC o m p a r a t i v e T a b l e _ H a b e a s C o r p u s
*The steps or actions taken to determine the fate or whereabouts of the aggrieved party *All relevant information in the possession of the respondent pertaining to the threat, act or omission against the aggrieved party *If the respondent is a public official or employee, the return shall further state acts: >To verify identity of aggrieved party >To recover and preserve evidence >To identify and collect witness statements >To determine cause, manner, location, and time of death or disappearance >To identify and apprehend persons involved >Bring suspected offenders before a competent court (RWA Sec.9) ͙ the respondent shall file a verified written return together with supporting affidavits͙ (RWA Sec. 9)
of the data or information subject of the petition: >A disclosure of the data or information about the petitioner, the nature of such data or information, and the purpose for its collection >The steps or actions taken by the respondent to ensure the security and confidentiality of the data or information >The currency and accuracy of the data or information held *Other allegations relevant to the resolution of the proceeding (RWD Sec.10)
CoC who refuses to issue the writ after its allowance, or a deputized person who refuses to serve the same,
COC who refuses to issue the writ after its allowance, or a deputized person who refuses to serve the same,
shall be punished by the court, justice or judge for contempt without prejudice to other disciplinary actions (RWA Sec. 7)
shall be punished by the court, justice, or judge for contempt without prejudice to other disciplinary actions (RWD Sec. 8)
The court, justice, or judge may order the respondent who refuses to make a return, or who makes a false return, or any person who otherwise disobeys or resist a lawful process or order of the court to be punished for contempt Contemnor may be imprisoned or imposed a fine (RWA Sec. 16)
The court, justice, or judge may punish with imprisonment or fine a respondent who commits contempt by: £aking a false return or Refusing to make a return; or Any person who otherwise disobeys or resists a lawful process or order of the court (RWD Sec. 11)
No, not even on highly meritorious grounds.
Yes, by the court, for justifiable reasons (RWD Sec. 10)
No, by virtue if A.£. No. 07-9-12-SC
No, by virtue of RWD Sec. 10, last sentence.
Respondent shall file a verified written return together with supporting ͙ (RWD Sec. 10)
If not raised in return deemed waived (RWA Sec 10) Court or justice shall proceed to hear the petition ex parte (RWA Sec. 12)
Summary. However, the court, justice, or judge may call for a preliminary conference to simplify the issues and look at possibility of obtaining stipulations and admissions from the parties. Hearing shall be from day to day until completed; same vs. Wri t of Ampar o vs. Habeas
Court, judge, or justice shall hear the motion ex parte, granting the petitioner such reliefs as the petition may warrant Unless the court in its discretion requires the petitioner to submit evidence (RWD Sec. 14) Summary. With possibility of preliminary conference similar to the writ of amparo (RWD Sec. 14) Hearing on chambers may be conducted where respondent invokes the defense of national security or state secrets, or the data is of public or privileged character (RWD Sec. 12)
Data(fr om UP LAW BAROPS)
priority as petitions for WHC Not later than 7 days from the issuance of the writ
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As specified in the writ
" )
Preponderance of evidence
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Yes. Consonant wit 102.13, stating that if warrant of commitment is in pursuance with law, serves as prima facie cause of restraint
Within 48 hours from notice of the judgment of final order appealed
èC o m p a r a t i v e T a b l e _ H a b e a s C o r p u s
£otion to dismiss £otion for extension of time to file opposition Affidavit position paper and other pleadings Dilatory motion for postponement £otion for bill of particulars Counterclaims or cross-claims Third-party complaint Reply £otion to declare respondent in default Intervention £emorandum £otion for reconsideration of interlocutory orders or interim relief orders petition for certiorari, mandamus, or prohibition (RWA Sec.11) Establish claims by substantial evidence if respondent is a private individual or entity, ordinary diligence if public official or employee, extraordinary diligence Public official or employee cannot invoke the presumption that official duty has been regularly performed (RWA Sec. 17) The court shall render judgment within 10 days from the time the petition is submitted for decision (RWA Sec. 18) 5 working days from the date of notice of adverse judgment; Rule 45 filed with the SC £ay be consolidated with a criminal action filed subsequent to the petition (RWA Sec. 23) No more separate petition shall be filed. Reliefs available by motion in the criminal case (RWA Sec. 22)
vs. Wri t of Ampar o vs. Habeas
Not later than 10 working days from the date of issuance writ Same as writ of amparo (RWD Sec. 13)
Substantial evidence required to prove the allegations in the petition (RWD Sec. 16)
Within 10 days from the time the petition is submitted for decision (RWD Sec. 16) 5 working days from the date of notice of adverse judgment; Rule 45 filed with the SC £ay be consolidated with a criminal action filed subsequent to the petition (RWD Sec. 21) Same as WA
Data(fr om UP LAW BAROPS)
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