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Habeas Corpus (Rule 102) Amparo (A.M. 07-9-12 SC) Habeas Data (A.M.

08-1-16 SC)
Legal basis The Rule was drafted pursuant to SCs
constitutional power to promulgate rules
for the protection and enforcement of
constitutional rights (Art VIII, Sec. 5 [5]).
Same Same
Definition Literally means you have the body. A
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 remedy available to any
person whose right to life, liberty
and security has been violated or is
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 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.
Remedy for
(Sec. 1)
To all cases of illegal confinement or
detention:
1. by which any person is deprived of his
liberty; or
2. by which the rightful custody of any
person is withheld from the person entitled
thereto
To any person whose right to life,
liberty and security s violated or
threatened with violation by an
unlawful act or omission of a public
official or employee, or of a private
individual or entity
To any person whose right to privacy in 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 engaged in:
1. gathering
2. collecting
3. storing
Of data or information regarding the person, family home
and correspondence of the aggrieved party
Effectivity July 1, 1997 October 24, 2007 February 2, 2008
Petitioner By the party for whose relief it is intended,
or by some other person in his behalf
By the aggrieved party, or by any
qualified person or entity in the
order provided
G.R. the aggrieved party
Except:
In cases of extrajudicial killings and enforced
disappearances:
1. immediate family
2. in default of no.1, ascendant, descendant or collateral
relative w/in 4
th
civil degree of consanguinity or affinity
Venue Where plaintiff resides or where defendant
resides, or in case of non-resident
defendant, where he may be found, at the
election of plaintiff
SC, CA and SB:
Manila;
RTC of the place where the threat,
act or omission was committed or
any of its elements occurred
SC, CA and SB:
Manila;
RTC:
1. where petitioner resides
2. where respondent resides
3. which has jurisdiction over the place where data or
information is gathered etc.
All at the option of petitioner.
Extent of
enforceability
SC, CA and SB: anywhere in the
Philippines
RTC: only w/in judicial district
Anywhere in the Philippines Anywhere in the Philippines
When to file On any day and at any time On any day at any time
Docket fees Exempt Exemption only to indigent petitioner
Req. of petition Signed and verified Signed and verified Verified written petition
Issuance of writ When it appears, it ought be issued
immediately
When in its face ought to issue
immediately
When in its face ought to issue immediately
However there should be service w/in 3 days
Summary hearing Hearing on return Not later than 7 days from date of its
issuance
Not later than 10 days from date of its issuance
How served By leaving the original with the person
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 custody then the service shall
be made on any person having or
exercising such custody
If the writ cannot be served
personally on respondent, ruled on
substituted service shall apply
If the writ cannot be served personally on respondent,
ruled on substituted service shall apply
Contents of return Signed and shall be sworn to if prisoner is
not produced
Verified written return
-period to file cannot be extended
exc. on highly meritorious ground
Verified written return
-may be reasonably extended by the court for justifiable
grounds
Penalties Clerk of court who refuses to issue writ;
Person to whom writ is directed, who
neglects or refuses to obey or make return
of the same according to the command
thereof, or makes false return thereof,
refuses to deliver to the person
demanding, w/in 6 hours after the
demand of a true copy of the warrant
order of commitment:
Penalties: a. forfeit of aggrieved the sum
of P1,000 to be recovered in a proper
action
b. contempt
Clerk of court who refuses to issue
writ;
Deputized person who refuses to
serve the same;
Penalty:
Contempt w/out prejudice to other
disciplinary actions
Sec. 16
1. respondent who refuses to make
a return or to make a false return
2. any person who disobeys or
resists a lawful process order of the
court
Penalty:
a. contempt
b. imprisonment
c. fine
Same a writ of amparo
(defenses may be heard in chambers, same not available
to HC and Amparo)
Prohibited pleadings
and motions
a. motion to dismiss
b. motion for extension of time to
file return, oppositions, affidavits,
position paper and other pleadings
c. dilatory motion for postponement
d. motion for bill of particulars
e. counterclaim or cross-claim
f. 3
rd
party complaint
g. reply
h. motion to declare respondent in
default
i. intervention
j. memorandum
k. motion for reconsideration of
interlocutory orders or interim relief
orders
l. petition for certiorari, mandamus
or prohibition against any
interlocutory order
a. motion to dismiss
b. motion for extension of time to file return, oppositions,
affidavits, position paper and other pleadings
c. dilatory motion for postponement
d. motion for bill of particulars
e. counterclaim or cross-claim
f. 3
rd
party complaint
g. reply
h. motion to declare respondent in default
i. intervention
j. memorandum
k. motion for reconsideration of interlocutory orders or
interim relief orders
l. petition for certiorari, mandamus or prohibition against
any interlocutory order
Effect of failure to
file a return
In case the respondent fails to file a
return, the court, justice or judge
shall proceed to hear the petition ex
parte
In case the respondent fails to file a return, the court,
justice or judge shall proceed to hear the petition ex
parte, granting the petitioner such relief as he may
warrant unless the court in its discretion requires the
petitioner to submit evidence
Habeas Corpus (Rule 102) Amparo (A.M. 07-9-12 SC) Habeas Data (A.M. 08-1-16 SC)
Summary hearing Same Hearing summary. However, the court, justice or judge
may call for a preliminary conference to simplify the
issues and determine possibility of obtaining stipulations
and admissions from the parties.
Hearing shall be from day to day until completed and
given the same priority as petitions for habeas corpus.
Interim reliefs Sec. 12
1. unless for good cause shown, the
hearing is adjourned, in which event the
court shall make an order for the
safekeeping of the person imprisoned or
restrained as the nature of the case
requires
2. the court or judge must be satisfied that
the persons illness is so grave that he
cannot be produced without any danger
Sec. 14 (see codal)
a. Temporary Protection Order
b. Inspection Order
c. Production Order
d. Witness Protection Order

Security and Benefit Program,
pursuant to RA 6981
The court, justice or judge may also
refer the witnesses to other
government agencies or to
accredited persons or private
institutions capable of keeping and
securing their safety.

Judgment When the court of judge has examined
into the cause of caption and restraint of
the prisoner, and is satisfied 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 does not desire to
appeal, forthwith release
The court shall render judgment
within 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
Same as WOA
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.
Appeal Sec. 15 in relation to Rule 41 and Sec. 39
of BP 129

48 hours from notice of judgment
appealed from by ordinary appeal
Rule 45 by petition for review on
certiorari with peculiar features:
1. appeal may raise questions of
fact, law, or both
2. period of appeal w/in 5 working
days from the date of notice of the
adverse judgment
3. same priority as HC cases
Same as WOA

Sec. 17 Return of Service: officer who executed the final
judgment shall make a verified return within 3 days from
its enforcement
Archiving and revival
of cases
Sec. 20
Court shall not dismiss the petition,
but shall archive it, if upon
determination it cannot proceed for
a valid cause such as the failure of
petitioner or witnesses to appear
due to threats on their lives.
The petition shall be dismissed with
prejudice upon failure to prosecute
the case after lapse of 2 years from
notice to petitioner of the order
archiving the case

Institution of
separate actions
This rule shall not preclude the filing
of separate criminal, civil or
administrative actions
Same as WOA
Effect of filing
separate criminal
action
When a criminal action has been
commenced, no separate petition for
the writ shall be filed. The reliefs
under the writ shall be available by
motion in the criminal case
Same as WOA
Consolidation When a criminak action is filed
subsequent to the filing of a petition
for the writ, the latter shall be
consolidated with the criminal action.
When a criminal action and a
separate civil action are filed
subsequent to a petition for WOA,
the latter shall ber consolidated with
the criminal action
Same as WOA
Substantive Rights This Rule shall not diminish, increase
or modify substantive rights
recognized and protected by the
Constitution
Difference is that in WOA the Constitution provides the
law from which the substantive rights exist
Suppletory
application of the
Rules of Court
In the absence of special provisions, the
rules provided for in ordinary actions shall
be, as far as practicable, applicable in
special proceedings
The Rules of Court shall apply
suppletorily insofar as it is not
inconsistent with this Rule
Same as WOA










Rule 103 Rule 108 RA 9048
Change of name Cancellation/ correction of
Entries in the Civil Registry
Clerical Error Act
Subject matter Change of full name
(substantial corrections)
Change or corrections in the civil
entries (substantial corrections)
Change of first name and nickname and
civil entries (only typographical or clerical
errors)
Who may file Any person desiring to change
his name
Any person interested in any act,
event, order or decree
concerning the civil status of
persons which has been
recorded in the civil register
Any person having direct and personal
interest in the correction of a clerical or
typographical error in an entry and/or
change of first name or nickname
Venue RTC of the province in which
petitioner resides for 3 years
prior to filing, or in the City of
Manila, to the Juvenile and
Domestic Relations Court
RTC of city or province where
the corresponding civil registry is
located.
1. Local civil registry office of the city or
municipality where the record being sought
to be corrected or changed is kept
2. Local civil registrar of the place where
the interested party is presently residing or
domiciled
3. Philippine Consulates
Content of
Petition
a. that the petitioned has been
a bona fide resident of the
province where the petition is
filed for at least 3 years prior
to the date of such filing
b. the cause for which the
change of the petitioners
name is sought
c. the name asked for
a. that the petitioned has been a
bona fide resident of the
province where the petition is
filed for at least 3 years prior to
the date of such filing
b. the cause for which the
change of the petitioners name
is sought
c. the name asked for
a. facts necessary to establish the merits of
the petition
b. particular erroneous entry or entries,
which are sought to be corrected and/or
the change sought to be made

The petition shall be supported by the
following documents:
1. a certified true machine copy of the
certificate or the page of the registry book
containing the entry or entries sought to be
corrected or changed
2. at least 2 public or private documents
showing the correct entry or entries upon
which the correction or change shall be
based, and
3. other documents which the petitioner or
the city or municipal civil registrar or the
consul general may consider relevant and
necessary for the approval of the petition
Grounds 1. name is ridiculous, tainted
with dishonor and extremely
difficult to write or pronounce
2. consequence of change of
status
3. necessity to avoid confusion
4. having continuously used
and been known since
childhood by a Filipino name,
unaware of his alien parentage
5. a sincere desire to adopt a
Filipino name to erase signs of
former alienage all in good
faith and without prejudicing
anybody
1. the petitioner finds the first
name or nickname to be
ridiculous, tainted with dishonor
or extremely difficult to write or
pronounce
2. the new first name or
nickname has been habitually
and continuously used by the
petitioner and has been publicly
known by that first name or
nickname in the community; or
3. the change will avoid
confusion
Upon good and valid grounds, the following
entries in the civil register may be cancelled
or corrected
What kind of
proceeding
Judicial Proceeding Summary Proceeding
This can be converted to an
adversarial proceeding of there
are substantial changes and
affect the status of an individual
Administrative Proceeding
What to file File a signed and verified
petition

File a signed and verified petition
for the cancellation or correction
of any entry
File an affidavit
Notice and
publication
At least once a week for 3
consecutive weeks in some
newspaper of general
circulation (notice of hearing)
At least once a week for 3
consecutive weeks in some
newspaper of general circulation
(notice of hearing)
At least once a week for 2 consecutive
weeks (publish the whole affidavit)
Posting No posting No posting Duty of the Civil Registrar or Consul to post
the petition in a conspicuous place for 10
consecutive days
Who
participates on
the part of the
Govt
The SolGen or the proper
provincial or city fiscal shall
appear on behalf of the
Government of the Republic
The Civil Registrar The Civil Registrar or the Consul
Where to appeal Appeal with the CA Appeal with the CA Appeal decision to the Civil Registrar
General (Head of NSO)