WRIT OF HABEAS CORPUS WRIT OF AMPARO WRIT OF HABEAS DATA

Applicable Rule 102, Rules of Court A.M. No. 07-9-12-SC A. M. No. 08-1-16-SC
Rules A.M. No. 03-04-04-SC (For Minors)
Nature If there is an illegal confinement If the right to life, liberty, and If the right to privacy is
or detention by which any person security is violated (or violated (or threatened to be
is deprived of his liberty, or by threatened to be so) by an so) in gathering, collecting, or
which the rightful custody of any unlawful act or omission of a storing data or information
person is withheld from the person public official, employee, or a about the aggrieved partys
entitled thereto. It is to inquire into private individual or entity. The person/ family/ home/
the legality of a detention/ writ shall cover extralegal correspondence.
confinement. killings and enforced
disappearances or threats
thereof.
Jurisdiction The petition may be filed on any The petition may be filed on any The petition may be filed
day and at any time with the: day and at any time with the: before the:

(1) Supreme Court;
(2) Court of Appeals;
(3) Court of First Instance (now the
RTC); or,
(4) Any justice of such courts.
(1) Regional Trial Court of the
place where the threat, act or
omission was committed or any
of its elements occurred;
(2) Sandiganbayan;
(3) Court of Appeal;
(4) Supreme Court; or,
(5) Any justice of such courts.
(1) Regional Trial Court where
the petitioner or respondent
resides, or where the data or
information is gathered,
collected or stored, at the
option of the petitioner;
(2) Supreme Court, Court of
Appeals, or Sandiganbayan,
when the action concerns
public data files of
government offices.
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If filed before the SC/ CA, may be
enforceable anywhere in the
Philippines. If filed before the CFI,
enforceable only within its district.
For custody of minors:
The petition for custody of minors
shall be filed with the Family Court
of the province or city where the
petitioner resides or where the
minor may be found. The writ shall
be enforceable within its judicial
region to which the Family Court
belongs.
Filed By Application for the writ shall be by
petition signed and verified either
by the party for whose relief it is
intended, or by some person on his
behalf.
For custody of minors:
A verified petition for the rightful
custody of a minor may be filed by
any person claiming such right.
WRIT OF AMPARO WRIT OF HABEAS DATA
The writ shall be enforceable The writ of habeas data shall
anywhere in the Philippines. be enforceable anywhere in
the Philippines.
The petition may be filed by the The petition may be filed by
aggrieved party or by any the aggrieved party.
qualified person or entity in the
following order: However, in cases of extralegal
killings and enforced
(a) Any member of the immediate disappearances, the petition
family, namely: the spouse, may be filed by:
children and parents of
the aggrieved party; (a) Any member of the
(b) Any ascendant, descendant immediate family of the
or collateral relative of the aggrieved party, namely: the
aggrieved party within the spouse, children and parents;
fourth civil degree of or,
consanguinity or affinity, in (b) Any ascendant,
default of those mentioned in descendant or collateral
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Filed Against The person having illegal custody
of a person.
In case of imprisonment or
restraint by an officer, the writ
shall be directed to him, and shall
command him to have the body of
the person restrained of his liberty
before the court or judge
designated in the writ at the time
and place therein specified. In case
WRIT OF AMPARO WRIT OF HABEAS DATA
the preceding paragraph; or relative of the aggrieved party
(c) Any concerned citizen, within the fourth civil degree
organization, association or of consanguinity or affinity, in
institution, if there is no known default of those mentioned in
member of the immediate family the preceding paragraph.
or relative of the aggrieved party.
The filing of a petition by the
aggrieved party suspends the
right of all other authorized
parties to file similar petitions.
Likewise, the filing of the
petition by an authorized party
on behalf of the aggrieved party
suspends the right of all others,
observing the order established
herein.
The public officer/ employee or The public officer/ employee
private individual/ entity or private individual/ entity
responsible for the threat, act or engaged in the gathering,
omission. collecting, and storing of data.
If the name of the respondent is
unknown or uncertain, the
respondent may be described by
an assumed appellation.
The petition may also include
 WRIT OF HABEAS CORPUS WRIT OF AMPARO WRIT OF HABEAS DATA
of imprisonment or restraint by a the President (as Commander-
person not an officer, the writ shall in-Chief) and all other
be directed to an officer, and shall commanding officers.
command him to take and have the
body of the person restrained of his
liberty before the court or judge
designated in the writ at the time
and place therein specified, and to
summon the person by whom he is
restrained then and there to
appear before said court or judge
to show the cause of the
imprisonment or restraint.

Periods in A court or judge authorized to
Filing grant the writ must, when a
petition therefor is presented and it
appears that the writ ought to
issue, grant the same forthwith,
and immediately thereupon.
Upon the 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.
Upon the 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.
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The clerk of the court shall issue
the writ under the seal of the
court.
In case of emergency, the judge
may issue the writ under his own
hand, and may depute any officer
or person to serve it.
The writ must include the place
and time of the hearing or the
return. No specified time under the
Rule.
WRIT OF AMPARO
The clerk of court shall issue
the writ under the seal of the
court.
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.
A verified return shall be made
within seventy-two (72) hours
after the service of the writ.
The writ shall also set the date
and time for summary hearing
of the petition which shall not be
later than seven (7) days from
the date of its issuance.
The court shall render judgment
WRIT OF HABEAS DATA
The clerk of court shall issue
the writ under the seal of the
court and cause it to be
served within three (3) days
from the issuance.
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
serve it.
A verified return shall be
made within five (5) work days
from service of the writ
The writ shall also set the
date and time for summary
hearing of the petition which
shall not be later than ten (10)
work days from the date of its
issuance.
The court shall render
judgment within ten (10) days
 WRIT OF HABEAS CORPUS
Appeal The appeal shall be taken within
fifteen (15) days from notice of the
judgment or final order appealed
from. Where a record on appeal is
required, the appellant shall file a
notice of appeal and a record on
appeal within thirty (30) days from
notice of the judgment or final
order. However, an appeal in
habeas corpus cases shall be taken
within forty-eight (48) hours from
notice of the judgment or final
order appealed from.
The period of appeal shall be
interrupted by a timely motion for
new trial or reconsideration. No
WRIT OF AMPARO
within ten (10) days from the
time the petition is submitted for
decision.
Any party may appeal from the
final judgment or order to the
Supreme Court under Rule 45.
The appeal may raise questions
of fact or law or both.
The period of appeal shall be five
(5) working days from the date of
notice of the adverse judgment.
The appeal shall be given the
same priority as in habeas
corpus cases.
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from the time the petition is
submitted for decision.
Upon its finality, the judgment
shall be enforced by the
sheriff or any lawful officers
as may be designated by the
court, justice or judge within
five (5) working days.
Any party may appeal from
the final judgment or order to
the Supreme Court under
Rule 45. The appeal may raise
questions of fact or law or
both.
The period of appeal shall be
five (5) working days from the
date of notice of the adverse
judgment.
The appeal shall be given the
same priority as in habeas
corpus cases.
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motion for extension of time to file
a motion for new trial or
reconsideration shall be allowed.
(A.M. No. 01-1-03-SC)

For custody of minors:

No appeal from the decision shall
be allowed unless the appellant
has filed a motion for
reconsideration or new trial within
fifteen days from notice of
judgment.

An aggrieved party may appeal

from the decision by filing a Notice
of Appeal within fifteen days from
notice of the denial of the motion
for reconsideration or new trial and
serving a copy thereof on the
adverse parties.