Table of Comparison Writs of Habeas Corpus, Amparo, Habeas Data, And Kalikasan

HABEAS CORPUS Literal interpretation “You have the body” (Latin) Governing Rule Rule 102 1997 Definition Writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his capture and detention, to do, submit to, and receive whatsoever the court or judge awarding the writ shall consider in that behalf. It is a special proceeding

AMPARO “To protect” (Spanish)

A.M. No. 07-9-12-SC Sept. 25, 2007 Remedy available to any person whose right to life, liberty, and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ covers extralegal killings and enforced disappearances or threats thereof It is a special proceeding

TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN HABEAS DATA KALIKASAN person is deprived of violation by an his liberty; or unlawful act or omission of a public “You have the data” It is a Filipino word 2. By which the official or (Latin) which means “nature” rightful custody of any employee, or of a in English person is withheld private individual or from the person entity. A.M. No. 08-1-16-SC Part III, Rule 7, A.M. entitled thereto. Feb. 2, 2008 No. 09-6-8-SC; 2010 Remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting, or storing of data or information regarding the person, family, home and correspondence of the aggrieved party. It is a special proceeding

Special remedy available to a natural or juridical person, entity authorized by law, people’s organization, non-governmental organization, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.

1. By which any Escudero

(Sec. 1) To any person whose right to life, liberty and security is violated or threatened with

(Sec. 1) To any person whose right to privacy in life, liberty and security is violated or threatened with violation by an

Constitutional right to a balanced and healthful ecology.

1. Gathering 2. Collecting 3. Storing Of data or information regarding the person family, home and correspondence of the aggrieved party.

Rights violated There is an actual violation of the right to liberty of and rightful custody by the aggrieved party.

Venue/Where to file If filed with RTC or any judge thereof: where the detainee is detained SB in aid of its appellate jurisdiction; CA or any member in instances authorized by law; or SC or any member thereof; MTC in exercise of special jurisdiction; FC in cases of custody of minors

It is a special civil action Availability/Coverage (Sec. 1) To all cases of illegal confinement or detention:

unlawful act or omission of a public official or employee, or of a private individual or entity engaged in:

Contents of the petition (Sec. 3) Application for the writ shall be by petition signed and verified either by the party for whose relief

(Sec. 1) There is an actual or threatened violation of the aggrieved party’s right.

(Sec. 1) There is an actual or threatened violation of the aggrieved party’s right.

There is an actual or threatened violation of one’s right to a healthful and balanced ecology involving environmental damage.

(Sec. 3) If filed with RTC: the place where the threat, act or omission was committed or any of its elements occurred;

(Sec. 3) If filed with RTC: where the 1. petitioner or 2. respondent resides; or that 3. which has jurisdiction over the place where the data or information is gathered, collected or stored, at the option of the petitioner;

In SC or any stations of the CA.

SB or any justice thereof only insofar as respondents are public officers or employees; CA or any justice thereof; SC or any justice thereof. (Sec. 5) The petition shall be signed and verified and shall allege the following: a. The personal

SC, CA or SB when the action concerns public data files or government offices. (Sec. 6) A verified written petition for a writ of habeas data should contain:

(Sec. 2) The verified petition shall contain the following: (a) The personal circumstances of the 1

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

Escudero

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

TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN petitioner; or whereabouts of (a) The personal (b) The name and the aggrieved party circumstances of the personal circumstances and the identity of petitioner and the of the respondent or if the person respondent; the name and personal responsible for the circumstances are threat, act or (b) The manner the unknown and omission; and right to privacy is uncertain, the f. The relief prayed violated or threatened respondent may be for. and how it affects the described by an right to life, liberty or assumed appellation; The petition may security of the (c) The environmental include a general aggrieved law, rule or regulation prayer for other just party; chanrobles violated or threatened and equitable virtual law library to be violated, the act reliefs. or omission Petitioner/Who may file a petition (c) The actions and complained of, and the (Sec. 3) (Sec. 2) recourses taken by the environmental damage 1. By the party for GR: By the petitioner to secure of such magnitude as whose relief it is aggrieved party the data or to prejudice the life, intended; or information; health or property of EXPN: By any inhabitants in two or 2. By any person on qualified (d) The location of the more cities or his behalf person/entity in the files, registers or provinces. following order: databases, the (d) All relevant and a. Any member of government office, material evidence the immediate and the person in consisting of the family charge, in possession affidavits of witnesses, b. Any ascendant, or in control of the documentary evidence, descendant, or data or information, if scientific or other collateral relative of known; expert studies, and if the aggrieved party possible, object within the 4th civil (e) The reliefs prayed evidence; degree of for, which may include (e) The certification of consanguinity or the updating, petitioner under oath affinity rectification, that: (1) petitioner has c. Any concerned suppression or not commenced any citizen, destruction of the action or filed any organization, database or claim involving the association or information or files same issues in any institution kept by the court, tribunal or quasirespondent. judicial agency, and no The filing of the In case of threats, the such other action or aggrieved party relief may include a claim is pending himself suspends prayer for an order therein; (2) if there is the right to file enjoining the act such other pending petition by other complained of; and action or claim, a persons complete statement of its present status; (3) if The filing of petition (f) Such other relevant petitioner should learn

reliefs as are just and equitable.

that the same or similar action or claim has been filed or is pending, petitioner shall report to the court that fact within five (5) days therefrom; and (f) The reliefs prayed for which may include a prayer for the issuance of a TEPO.

(Sec. 2) GR: By the aggrieved party

A natural or juridical person, entity authorized by law, people’s organization, non-governmental organization, or any public interest group accredited by or registered with any government agency.

EXPN: However, in cases of extralegal killings and enforced disappearances: a. Any member of the immediate family b. In default of the former, any ascendant, descendant, or collateral relative of the aggrieved party within the 4th civil degree of consanguinity or affinity

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TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN civil case is discharged, the costs shall be taxed against him, or against the person who signed the application for the Respondent writ, or both May or may not be an (Sec. 1) (Sec. 3) Public official or Setting of hearing officer. Public official or Public official or employee, private employee or a employee or a private individual or entity. (Sec. 12) (Sec. 6) private individual or individual or entity Hearing on return Not later than 7 entity. engaged in the days from issuance gathering, collecting or of writ storing of data or How writ is served information regarding (Sec. 7) Writ shall be issued the person, family, Service of the writ immediately upon home and shall be made by filing if the writ on correspondence of the leaving the original its face ought to aggrieved party. with the person to issue Extent of Enforceability of the writ whom it is directed (Sec. 2) (Sec. 3); (Sec. 4) and preserving a copy (Sec. 8) If granted by SC, CA, Enforceable anywhere in the Philippines regardless of who issued the on which to make If the writ cannot be or SB: enforceable same return of service. served personally anywhere In the on respondent, the Philippines; If that person cannot rules on substituted be found, or has not service shall apply If granted by RTC: the prisoner in enforceable only custody then the within the judicial service shall be made district on any person having or exercising such When to file custody (Sec. 2) (Sec. 3) Person who makes the return On any day and at any On any day and at time any time Officer by whom the Respondent prisoner is imprisoned Payment of Docket fees or the person in (Sec. 19) (Sec. 4) (Sec. 5) Petitioner is exempted whose custody the Payment of docket Petitioner is Payment is required. from payment prisoner is found fees is required. exempted from EXPN: indigent Filing of return/When to file EXPN: indigent payment of docket petitioner exempt This is consistent with petitioner exempt fees and other from paying docket the character of the (Sec. 10) (Sec. 9) lawful fees and other lawful fees reliefs under the writ Signed and shall also Verified written As to costs: which excludes be sworn to if the return to be filed When a person Reason: damages for personal prisoner is not within 5 working confined in a criminal enforcement of injury; it also produced days after service of case is discharged, the these sacrosanct encourages public the writ (which costs shall be taxed rights should not be participation On the day specified cannot be extended against the RP violated by lack of in the writ except on highly finances meritorious When a person in grounds), the custody by virtue of a respondent shall file by an authorized person suspends the right to file by others down the order

Escudero

(Sec. 7) Not later than 10 days from date of issuance of writ Writ shall be issued immediately upon filing if the writ on its face ought to issue (Sec. 9) If the writ cannot be served personally on respondent, the rules on substituted service shall apply

Writ should be issued within 3 days from the filing of the petition Served upon the respondent personally; or substituted service.

Respondent

Respondent

(Sec. 9) The respondent shall file a verified written return together with supporting affidavits within 5 working days from service of the writ, (which period may be reasonably extended by the Court for justifiable reasons)

Within non- extendible period of 10 days after the service of writ.

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a verified written return together with supporting affidavits. Contents of the return (Sec. 10) When the person to be produced is imprisoned or restrained by an officer, the person who makes the return shall state therein, and in other cases the person in whose custody the prisoner is found shall state, in writing to the court or judge before whom the writ is returnable, plainly and unequivocably: (a) Whether he has or has not the party in his custody or power, or under restraint; (b) If he has the party in his custody or power, or under restraint, the authority and the true and whole cause thereof, set forth at large, with a copy of the writ, order execution, or other process, if any, upon which the party is held; (c) If the party is in his custody or power or is restrained by him, and is not produced, particularly the nature and gravity of the sickness or infirmity of such party by reason of which he cannot, without danger, be Escudero

(Sec. 9) Within seventy-two (72) hours after service of the writ, the respondent shall file a verified written return together with supporting affidavits which shall, among other things, contain the following: a. The lawful defenses to show that the respondent did not violate or threaten with violation the right to life, liberty and security of the aggrieved party, through any act or omission; b. The steps or actions taken by the respondent to determine the fate or whereabouts of the aggrieved party and the person or persons responsible for the threat, act or omission; c. All relevant information in the possession of the respondent pertaining to the threat, act or omission against the aggrieved party; and d. If the respondent

TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN bought before the is a public official or court or judge; employee, the (d) If he has had the return shall further party in his custody or state the actions power, or under that have been or restraint, and has will still be taken: (Sec. 10) (Sec. 8) transferred such i. to verify the The respondent shall Within a noncustody or restraint to identity of the file a verified written extendible period of another, particularly aggrieved party; return together with ten (10) days after to whom, at what ii. to recover and supporting affidavits service of the writ, the time, for what cause, preserve evidence within five (5) working respondent shall file a and by what authority related to the death days from service of verified return which such transfer was or disappearance of the writ, which period shall contain all made. the person may be reasonably defenses to show that identified in the extended by the Court respondent did not petition which may for justifiable reasons. violate or threaten to aid in the The return shall, violate, or allow the prosecution of the among other things, violation of any person or persons contain the following: environmental law, responsible; rule or regulation or iii. to identify commit any act witnesses and (a) The lawful resulting to obtain statements defenses such as environmental damage from them national security, state of such magnitude as concerning the secrets, privileged to prejudice the life, death or communications, health or property of disappearance; confidentiality of the inhabitants in two or iv. to determine the source of information more cities or cause, manner, of media and others; provinces. location and time of All defenses not raised death or (b) In case of in the return shall be disappearance as respondent in charge, deemed waived. well as any pattern in possession or in The return shall include or practice that may control of the data or affidavits of witnesses, have brought about information subject of documentary evidence, the death or the petition; scientific or other disappearance; expert studies, and if v. to identify and (i) a disclosure of the possible, object apprehend the data or information evidence, in support of person or persons about the petitioner, the defense of the involved in the the nature of such respondent. death or data or information, A general denial of disappearance; and and the purpose for its allegations in the vi. to bring the collection; petition shall be suspected offenders considered as an before a competent (ii) the steps or actions admission thereof. court. taken by the respondent to ensure The return shall also the security and state other matters

confidentiality of the data or information; and chanrobles virtual law library (iii) the currency and accuracy of the data or information held; and, (c) Other allegations relevant to the resolution of the proceeding. A general denial of the allegations in the petition shall not be allowed.

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relevant to the investigation, its resolution and the prosecution of the case.

TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN judge shall proceed to hear the petition ex parte

A general denial of the allegations in the petition shall not be allowed. Return (Sec. 2) If granted by the SC or CA: returnable before the court or any member or before RTC or any judge thereof; If granted by RTC: returnable before such court

(Sec. 3) If issued by RTC: returnable before such court;

(Sec. 4) If issued by RTC: returnable before such court;

If issued by SB or CA or any of their justices: returnable before such court or to any RTC of the place where the threat, act or omission was committed or any of its elements occurred;

If issued by SB or CA or any of their justices: returnable before such court or to any RTC of the place where the petitioner or respondent resides or that which has jurisdiction over the place where the data or information is gathered, collected or stored;

If issued by SC or any of its justices: returnable before such court, or before SB, CA, or to any RTC of the place where the threat, act or omission was committed or any of its elements occurred

Effect of failure to file return (Sec. 12) In case respondent fails to file a return, the court, justice or Escudero

If issued by SC, returnable before such court or CA; If issued by CA, returnable to the CA or any of its justices

If issued by SC or any of its justices: returnable before such court, or before SB, CA, or to any RTC of the place where the petitioner or respondent resides or that which has jurisdiction over the place where the data or information is gathered, collected or stored (Sec. 14) In case respondent fails to return, the court, justice or judge

(Sec. 10) In case the respondent fails to file a return, the court shall proceed to

shall proceed to hear the petition ex parte, granting petitioner such relief as the petition may warrant

hear the petition ex parte.

EXPN: unless the court in its discretion requires petitioner to submit evidence. Liability of the person to whom the writ is directed if he refuses to make a return (Sec. 16) (Sec. 16) (Sec. 11) Indirect contempt. Forfeit to the Imprisonment or Imprisonment or fine aggrieved party the fine for committing for committing sum of P1000, and contempt. contempt. may also be punished for contempt. General denial Not prohibited. Not allowed. Not allowed. Not allowed. Hearing/When summary (Sec. 6) (Sec. 13); (Sec. 15) The hearing including Date and time of The hearing on the petition shall be summary. the preliminary hearing is specified in However, the court, justice or judge may call conference shall not the writ. for a preliminary conference to simplify the extend beyond sixty issues and determine the possibility of (60) days and shall be Not summary obtaining stipulations and admissions from given the same priority the parties. as petitions for the writs of habeas corpus, The hearing shall be from day to day until amparo and habeas completed and given the same priority as data. petitions for habeas corpus Not summary. Reason: (Sec. 6) (Sec. 7) Summary hearing Summary hearing shall environmental damage shall be conducted be conducted not later subject of the writ may involve issues of a not later than 7 than 10 working days complex character days from the date from the date of of issuance of the issuance of the writ writ. Interim Reliefs (Sec. 12) (Sec. 14) No interim reliefs. (Rule 13) 1. Unless for good 1. Temporary (Sec. 1) cause shown, the Protection Order. The provisional remedy hearing is adjourned, 2. Inspection Order. of attachment under in which event the 3. Production Rule 127 of the Rules court shall make an Order. of Court may be order for the 4. Witness availed of in safekeeping of the Protection Order. environmental cases. person imprisoned or restrained as the (Sec. 2) 5

TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN Environmental Protection Order (EPO); Temporary Environmental Protection Order (TEPO) in criminal cases. - The procedure for and issuance of EPO and TEPO shall be governed by Rule 2 of these Rules.

nature of the case requires; 2. The court or judge must be satisfied that the person's illness is so grave that he cannot be produced without any danger

Presumption (Sec. 17) There is no presumption that official duty has been regularly performed Judgment (Sec. 15) When the court or judge has examined into the cause of caption and restraint of the prisoner, and is satisfied that he is unlawfully imprisoned or restrained, he shall forthwith order his discharge from confinement, but such discharge shall not be effective until a copy of the order has been served on the officer or person detaining the prisoner. If the officer or person detaining the prisoner does not desire to appeal, the prisoner shall be forthwith released.

Escudero

(Sec. 18) The court shall render judgment within ten (10) days from the time the petition is submitted for decision. If the allegations in the petition are proven by substantial evidence, the court shall grant the privilege of the writ and such reliefs as may be proper and appropriate; otherwise, the privilege shall be denied. No enforcement within 5 days unlike in writ of habeas data

(Sec. 16) Same with writ of amparo with an addition that upon finality, the judgment shall be enforced by the sheriff or any lawful officers as may be designated by the court, justice or judge within 5 working days.

(Sec. 15) Within sixty (60) days from the time the petition is submitted for decision, the court shall render judgment granting or denying the privilege of the writ of kalikasan. The reliefs that may be granted under the writ are the following: (a) Directing respondent to permanently cease and desist from committing acts or neglecting the performance of a duty in violation of environmental laws resulting in environmental destruction or damage; (b) Directing the respondent public official, government agency, private person or entity to protect, preserve, rehabilitate or restore the

Appeal/Period of appeal Sec. 15 in relation to (Sec. 19); (Sec. 19) Sec. 3 Rule 41 and Rule 45 by petition for review on certiorari Sec. 39 of BP 129: with peculiar features:

environment; (c) Directing the respondent public official, government agency, private person or entity to monitor strict compliance with the decision and orders of the court; (d) Directing the respondent public official, government agency, or private person or entity to make periodic reports on the execution of the final judgment; and (e) Such other reliefs which relate to the right of the people to a balanced and healthful ecology or to the protection, preservation, rehabilitation or restoration of the environment, except the award of damages to individual petitioners. Rule 45 Within fifteen (15) days from the date of notice of the adverse judgment or denial of motion for reconsideration.

Within 48 hours from 1. Appeal may raise questions of fact or law or notice of the both; judgment or final 2. Period of appeal shall be 5 working days order appealed from. from the date of notice of the adverse Appeal is filed to the judgment; SC under Rule 45 3. Same priority as habeas corpus cases Institution of separate actions (Sec. 21); (Sec. 20); (Sec. 17) This Rule shall not preclude the filing of separate criminal, civil or administrative actions. Reason: they are different actions with different objectives Effect of filing criminal action (Sec. 2); (Sec. 21)

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Consolidation

TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN When a criminal action has been commenced, 10. Memorandum; no separate petition for the writ shall be filed. 11. Motion for reconsideration of The reliefs under the writ shall be available by interlocutory orders or interim relief orders; motion in the criminal case. and 12. Petition for certiorari, mandamus or prohibition against any interlocutory order. (Sec. 23); (Sec. 22) When a criminal action is filed subsequent to the filing of a petition for the writ, the latter shall be consolidated with the criminal action.

8. Motion to declare respondent in default. Motion for intervention is allowed. Reason: public participation

When a criminal action and a separate civil action are filed subsequent to a petition for issuance of the writ, the latter shall be consolidated with the criminal action. Quantum of proof Quantum of proof is clear and convincing evidence

(Sec. 17) Quantum of proof is substantial evidence Archiving and revival of cases (Sec. 20) If the petition cannot proceed for a valid cause, it shall not be dismissed by the court, but it must be archived

(Sec. 16) Quantum of proof is substantial evidence

After 2 years from notice of archiving, it shall be dismissed with prejudice upon failure to prosecute Suppletory application of ROC (Sec. 25); (Sec. 24) The ROC shall apply suppletorily Prohibited pleadings and motions None (Sec. 11); (Sec. 13) 1. Motion to dismiss; 2. Motion for extension of time to file opposition, affidavit, position paper and other pleadings; 3. Dilatory motion for postponement; 4. Motion for a bill of particulars; 5. Counterclaim or cross - claim; 6. Third - party complaint; 7. Reply; 8. Motion to declare respondent in default; 9. Intervention; Escudero

1. Motion to dismiss; 2. Motion for extension of time to file return; 3. Motion for postponement; 4. Motion for a bill of particulars; 5. Counterclaim or cross-claim; 6. Third-party complaint; 7. Reply; and 7