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SPECIAL PROCEEDINGS ORDINARY ACTION AND SPECIAL PROCEEDINGS,

DISTINGUISHED
Ordinary Action Special Proceedings
RULE 72 – Subject Matter and Applicability of
One by which a party A remedy by which a party
General Rules
sues another for the seeks to establish the
enforcement or status or right of a party or
SPECIAL PROCEEDING – A remedy by which a party
protection of a right or a particular fact.
seeks to establish a status, a right, or a particular
the prevention or
fact (Rule 1, Sec. 3(c)).
redress of a wrong
NATURE OF SPECIAL PROCEEDINGS Must involve at least 2 May involve only 1 party
It is generally in rem, except for habeas corpus parties
proceedings. As such, jurisdiction over all interested Adversial in nature GENERALLY, it is non-
parties is acquired by newspaper publication of the adversial in nature, but it
notice of hearing on the originating petition. may become adversarial in
the course of the
SUBJECT MATTER AND APPLICABILITY OF GENERAL proceedings when there
RULES (SEGTARHIC-VVAFE) are oppositors.
1. Settlement of estate of deceased persons Generally, answer, Law on pleadings generally
2. Escheat counterclaim, cross- not applicable.
3. Guardianship and custody of children claim, and third-party
4. Trustees complaint, are
5. Adoption allowed.
6. Rescission and revocation of adoption Initiated by complaint Initiated by petition
7. Hospitalization of insane persons Period to appeal is 15 Period to appeal is 30
8. Habeas Corpus days; notice of appeal days; record on appeal
9. Change of name suffices may be required
10. Voluntary Dissolution of Corporations Based on a cause of Not based on a cause of
11. Judicial Approval of voluntary recognition of action action, except habeas
minor natural children corpus
12. Constitution of Family Home
13. Declaration of absence and death
14. Cancellation of correction of entries in the civil
registry (Sec. 1, Rule 72)

The list of subject matters under Sec. 1, Rule 72 is


not exclusive. Other petitions may be considered as
special proceedings for so long as fits main purpose
is the establishment of a status, right, or a particular
fact.

Special writs under the supreme court circulars


o Writ of amparo (am no. 07-9-12-sc)
o Writ of habeasa data (am no 08-1-16-
sc)
o Writ of kalikasan (am no 09-6-8-sc)

A petition for liquidation of an insolvent corporation


should be classified as a special proceeding and not
an ordinary action. Such petition does not seek the
enforcement or a protection of a right nor the
prevention or redress of a wrong against a party. It
does not pray for affirmative relief for injury arising
from a party’s wrongful act or omission nor state a
cause of action that can be enforced against any
person. What it seeks is merely a declaration by the
trial court of the corporation’s insolvency so that its
creditors may be able to file their claims in the
settlement of the corporation’s debts and
obligations. (Pacific Banking Corporation Employees’
Organization v. CA, 242 SCRA 493)
I. Writ of Habeas Corpus (Rule or under restraint, and has transferred such custody
or restraint to another, particularly to whom, at
102) what time, for what cause, and by what authority
such transfer was made.
HABEAS CORPUS, defined.
A prerogative writ of liberty employed to test the
validity of a person’s detention (Isagani Cruz,
Constitutional Law II) C. DISTINGUISH PEREMPTORY
A writ directed to a person detaining another and WRIT FROM PRELIMINARY
commanding him to produce the body of the prisoner
at a certain time and place, with the day and the CITATION
cause of his caption and detention, to do, submit to, Preliminary Citation Peremptory Writ
and receive whatsoever the court or judge awarding requires the Unconditionally
the writ shall consider in that behalf. respondent to appear commands the
and show cause why respondent to have the
the peremptory writ body of the detained
should not be granted person before the court
A. CONTENTS OF THE at a time and place
PETITION therein specified

Verified petition must set forth:


(1) That the person in whose behalf the application D. WHEN PROPER/
is made is imprisoned or restrained of his liberty;
(2) The officer or name of the person by whom he is
APPLICABLE
so imprisoned or restrained - If unknown or All cases of confinement or detention by which any
uncertain, such officer or person may be described person is deprived of his liberty, or by which the
by an assumed appellation, and the person who is rightful custody of any person is withheld from the
served with the writ shall be deemed the person person entitled thereto (Sec. 1, Rule 102, Rules of
intended; Court)
(3)The place where he is so imprisoned or
restrained, if known; Law requires actual or physical CONFINEMENT but
(4) Copy of the commitment or cause of detention of NOT RESTRAINT.
such person, if it can be procured without impairing
the efficiency of the remedy Requisites for issuance; concurrence of the
• If imprisonment or restraint is without any legal following:
authority, such fact shall appear. (Sec. 3, Rule 1. Petitioner has the right to the custody of the
102) minor;
2. The rightful custody of the minor is being
withheld from the petitioner by the respondent;
B. CONTENTS OF THE 3. It is to the best interest of the minor concerned
to be in the custody of the petitioner and not
RETURN that of the respondent.

(1) Whether he has or has not the party in his


custody or power, or under restraint D. WHEN NOT PROPER/
(2) If he has the party in his custody or power, or
APPLICABLE
under restraint, the authority and the true and
D.1 A petition for the issuance of a writ of habeas
whole cause thereof, set forth at large, with a
corpus is not proper for asserting or vindicating the
copy of the writ, order execution, or other
denial of the right to bail (Enrile v. Salazar, G.R. No.
process, if any, upon
92163, June 5, 1990)
which the party is held
D.2 It cannot be resorted to in order to correct
(3) If the party is in his custody or power or is
errors of judgment, since it is not a writ of error
restrained by him, and is not produced,
(Sotto v. Director of Prisons, G.R. No. L-18871, May
particularly the nature and gravity of the sickness or
30, 1962).
infirmity of such party by reason of which he
cannot, without danger, be bought before the
D.3 Writ of habeas corpus cannot be issued once a
court or Judge
person is charged with a criminal offense.
The objective of the writ is to determine whether
(4) If he has had the party in his custody or power,
the confinement or detention is valid or lawful. If it (3) Person is charged with or convicted of an offense
is, the writ cannot be issued. What is to be inquired in the Philippines; or
into is the legality of a person's detention as of, at (4) Suffering from imprisonment under lawful
the earliest, the filing of the application for the writ judgment. [Sec. 4, Rule 102]
of habeas corpus, for even if the detention is at its (5) If it appears that the prisoner was lawfully
inception illegal, it may, by reason of some committed, and is plainly and specifically charged in
supervening events, such as the instances mentioned the warrant of commitment with an offense
in Section 4 of Rule 102, be no longer illegal at the punishable by death [Sec. 14, Rule 102]
time of the filing of the application. (Ampatuan v. (6) Even if the arrest of a person is illegal, the
Macaraig, G.R. No. 182497, June 29, 2010) following supervening events may bar release:
(a) Issuance of a judicial process [Sayo v.
D.4 General Rule: No Habeas Corpus in Voluntary Chief of Police of Manila, G.R. No. L- 2128
Restraint (1948)] Judicial process is defined as a writ,
Exception: Minor warrant, subpoena, or other formal writing
[Lee Yick Hon v. Collector of Customs, (1921)] issued by authority of law. [Malaloan v. CA,
G.R. No. 104879 (1994)]
(b) The filing of a complaint before a trial
D.5 WRIT NOT PROPER IN court which issued a hold departure order and
1. Enforcement of right to service; denied motion to dismiss and to grant bail
2. Determination whether a person has committed [Velasco v. CA, G.R. No. 118644 (1995)]
a crime; (c) Filing of an information for the offense for
3. Determination of disputed interstate boundary; which the accused is detained bars the
4. To punish respondent; availability of WHC [Velasco v. CA, G.R. No.
5. To afford the injured person redress for illegal 118644 (1995)]
detention;
6. To recover damages or other money award IS HAEAS CORPUS AVAILABLE AS POST-CONVICTION
7. For asserting or vindicating denial of right to REMEDY IN LIGHT OF NEW DNA EVIDENCE TO BE
bail; PRESENTED IN COURT TO REVERSE A CONVICTION
8. For correcting errors in appreciation of FOR RAPE?
facts/appreciation of law No. Review of a judgment of conviction is allowed in
apetition for the issuance of the writ of habeas
corpus only in very specific instances, such as when,
as a consequence of a judicial proceeding, (a) there
E. WHEN WRIT NOT has been deprivation of a constitutional right
ALLOWED OR DISCHARGE resulting in the restraint of a person; (b) the court
had no jurisdiction to impose the sentence; or (c) an
AUTHORIZED excessive penalty has been imposed, as such
(1) The person alleged to be restrained of his liberty sentence is void as to such excess. To reexamine the
is: weight and sufficiency of evidence based on the new
(a) In custody of an officer or under process DNA evidence is outside the scope of a habeas
issued by the court or judge or by virtue of a corpus petition (In Re: The Writ of Habeas Corpus
judgment or order of a court of record, and for Reynaldo De Villa, G.R. No. 158802, Nov. 17,
(b) Said court had jurisdiction to issue the 2004)
process, render the judgment or make the order;
or
(2) Jurisdiction appears after the writ is allowed
despite any informality or defect in the process,
judgment, or order; or
F. DISTINGUISH FROM AMPARO AND HABEAS DATA
Habeas Corpus Amparo Habeas Data
Coverage
Right to liberty of and rightful Right to life, liberty, and security of Right to privacy in life, liberty, or
custody by the aggrieved party (Sec. the aggrieved party. security of the aggrieved party (Sec.
1) Also covers extralegal killings and 1)
enforced disappearances or threats
thereof (Sec. 1)
Who may File
By the party for whose relief it is By the aggrieved party or by any Any aggrieved party.
intended or by some person on his authorized/qualified person in the
behalf (Sec. 3) ff. order However, in cases of extralegal
1. Any member of the immediate killings and enforced
family (spouse, children, and disappearances, the petition may be
parents of the aggrieved party); filed by
2. Any ascendant, descendant, or 1. Any member of the immediate
collateral relative of the aggrieved family of the aggrieved party
party within 4th civil degree of (spouse, children, and parents); or
consanguinity or affinity, in default 2. Any Ascendant, descendant, or
of those mentioned in the preceding collateral relative of the aggrieved
paragraph; or party within the 4th civil degree of
3. Any concerned citizen, consanguinity or affinity, in default
organization, association or of those mentioned in the preceding
institution, if there is no known paragraph
member of the immediate family or
relative of the aggrieved party Human rights organizations or
institutions are not allowed to file
Filing of petition by an authorized the petition (Sec. 2)
person suspends the right to file by
others down the order (Sec. 3)
Contents of Petition
Signed and verified either by the Signed and verified, and containing Verified and written petition
party for whose relief it is intended the ff. containing the ff.
or by some person on his behalf, 1. Personal circumstances of the 1. Personal circumstances of the
containing the ff. petitioner petitioner and the respondent;
1. The person in whose behalf the 2. Name and circumstances of the 2. The manner the right to privacy is
application is made is imprisoned or respondent violated/threatened and how it
restrained of his liberty 3. Right to life, liberty, and security affects the right to life, liberty, or
2. Name of the person detaining violated or threatened security of the aggrieved party;
another 4. Investigation conducted, if any, 3. Actions and recourses taken by
3. Place of imprisonment or and circumstances of each the petitioner to secure the
restriction of liberty 5. Actions and recourses taken by data/information
4. Cause of detention (Sec. 3) petitioner 4. Location of the files, registers,
6 Relief prayed for (Sec. 5) databases, gov’t office, and the
person in charge, in the possession
or in control of the
data/information, if known;
5. Reliefs prayed for, which may
include the updating, rectification,
suppression, or destruction of the
database/information/files kept by
respondent
• In case of threats, the
relief may include a prayer
for an order enjoining the
act complained of; and
6. Other relevant reliefs as are just
and equitable. (Sec. 6)
G. RULES ON CUSTODY OF A. Coverage
MINORS AND WRIT OF The writ of amparo covers extralegal killings and
enforced disappearances. Extralegal killings are
HABEAS CORPUS IN killings committed without due process of law, i.e.,
without legal safeguards or judicial proceedings. On
RELATION TO CUSTODY OF the other hand, enforced disappearances are
attended by the following characteristics: an arrest,
MINORS (A.M. No. 03-04-04- detention or abduction of a person by a government
official or organized groups or private individuals
SC) acting with the direct or indirect acquiescence of
Sec. 20 – A verified petition for a writ of habeas the government; the refusal of the State to disclose
corpus involving custody of minors shall be filed with the fate or whereabouts of the person concerned or
the Family Court. The writ shall be enforceable a refusal to acknowledge the deprivation of liberty
within its judicial region to which the Family Court which places such persons outside the protection of
belongs. law.

However, the petition may be filed with the regular What it is not, is a writ to protect concerns that are
court in the absence of the presiding judge of the purely property or commercial. Neither is it a writ
Family Court, provided, however, that the regular that we shall issue on amorphous and uncertain
court shall refer the case to the Family Court as soon grounds. (Castillo v. Cruz, G.R. No. 182165,
as its presiding judge returns to duty. November 25, 2009)

The petition may also be filed with the appropriate As the Court stressed in Secretary of National
regular courts in places where there are no Family Defense vs. Manalo, the writ of amparo was
Courts. conceived to provide expeditious and effective
The writ issued by the Family Court or the regular procedural relief against violations or threats of
court shall be enforceable in the judicial region violation of the basic rights to life, liberty, and
where they belong. security of person; the corresponding amparo suit,
however, is not an action to determine criminal guilt
The petition may likewise be filed with the Supreme requiring proof beyond reasonable doubt x x x or
Court, Court of Appeals, or with any of its members administrative liability requiring substantial
and, if so granted, the writ shall be enforceable evidence that will require full and exhaustive
anywhere in the Philippines. The writ may be made proceedings. Writ of amparo cannot defeat
returnable to a Family Court or to any regular court presidential immunity from suit.
within the region where the petitioner resides or
where the minor may be found for hearing and GOVERNMENT INVOLVEMENT AN INDISPENSABLE
decision on the merits. REQUIREMENT
To fall within the ambit of A.M. No. 07-9-12-SC in
Upon return of the writ, the court shall decide the relation to RA No. 9851, the disappearance must be
issue on custody of minors. The appellate court, or attended by some governmental involvement. This
the member thereof, issuing the writ shall be hallmark of State participation differentiates an
furnished a copy of the decision. enforced disappearance case from an ordinary case
of a missing person. (Navia v. Pardico, G.R. No.
II. Writ of Amparo (A.M. NO. 184467, June 29, 2012)

07-9-12-SC) DOES NOT PROTECT PROPERTY OR COMMERCIAL


RIGHT
NATURE The writ of amparo does not envisage the protection
The remedy of the Writ of Amparo is an equitable of concerns that are purely property or commercial
and extraordinary remedy to safeguard the right of in nature (Pador v. Arcayan, G.R. No. 183460, March
the people to life, liberty, and security as enshrined 12, 2013)
in the 1987 Constitution. The Rule on the Writ of The writ, in its present form, only applies to
Amparo was issued as an exercise of the Supreme extralegal killings and enforced disappearances or
Court's power to promulgate rules concerning the threats thereof (Salcedo vs. Bollozos, 2010).
protection and enforcement of constitutional rights.
It aims to address concerns such as, among others, CAN A WRIT OF AMPARO ISSUE FOR A PARENT TO
extrajudicial killings and enforced disappearances. REGAIN CUSTODY OF A CHILD PLACED FOR
(De Lima v. Gatdula, G.R. No. 204528, February 19, ADOPTION?
2013). No. the privilege of the writ of amparo is a remedy
available to victims of extra-judicial killings and
enforced disappearances or threats of a similar
nature, regardless of whether the perpetrator of the herein.
unlawful act or omission is a public official or
employee or a private individual. It is envisioned
basically to protect and guarantee the right to life, E. CONTENTS OF RETURN (Sec.
liberty and security of persons, free from fears and 9)
threats that vitiate the quality of life. (Caram vs. 1. The lawful defenses to show that the respondent
Segui) did not violate or threaten with violation the right to
life, liberty and security of the aggrieved party,
through any act or omission;
B. DISTINGUISH FROM 2. The steps or actions taken by the respondent to
HABEAS CORPUS AND determine the fate or whereabouts of the aggrieved
party and the person/s responsible for the treat, act
HABEAS DATA or omission;
3. All relevant information in the possession of the
See table found in writ of habeas corpus.
respondent pertaining to the threat, act or omission
against the aggrieved party; and
C. DIFFERENCES BETWEEN 4. If the respondent is a public official or employee,
the return shall further state the actions that have
AMPARO AND SEARCH been or will still be taken:
a. To verify the identity of the aggrieved party;
WARRANT b. To recover and preserve evidence related to
The production order under the Amparo Rule should the death or disappearance of the person
not be confused with a search warrant for law identified in the petition which may id in the
enforcement under Article III, Section 2 of the 1987 prosecution of the person/s responsible;
Constitution. c. To identify witnesses and obtain statements
from them concerning the death or
The Constitutional provision is a protection of the disappearance;
people from the unreasonable intrusion of the d. To determine the cause, manner, location
government, not a protection of the government and time of death or disappearance as well as
from the demand of the people such as respondents. any pattern or practice that may have brought
Instead, the Amparo production order may be about the death or disappearance;
likened to the production of documents or things e. To identify and apprehend the person/s
under Section 1, Rule 27 of the Rules of Civil involved in the death or disappearance; and
Procedure (Secretary of Defense v. Manalo, G.R. No. f. To bring the suspected offenders before a
180906 (2008) competent court.
5. The return shall also state other matters relevant
D. WHO MAY FILE (Sec. 2; order of
to the investigation, its resolution and the
prosecution of the case.
preference)
A general denial of the allegations in the petition is
By the aggrieved party or by any qualified person or not allowed.
entity in the ff. order:
1. Any member of the immediate family
(spouse, children, and parents of the F. EFFECTS OF FAILURE TO
aggrieved party);
2. Any ascendant, descendant, or collateral RETURN (Sec. 12)
relative of the aggrieved party within 4th
civil degree of consanguinity or affinity, in The court shall proceed to hear the case ex parte.
default of those mentioned in the preceding
paragraph; or
3. Any concerned citizen, organization,
G. OMNIBUS WAIVER RULE
association or institution, if there is no (Sec. 10)
known member of the immediate family or All defenses shall be raised in the return, otherwise,
relative of the aggrieved party they are deemed waived.

The filing of a petition by the aggrieved party H. PROCEDURE FOR


suspends the right of all other authorized parties to
file similar petitions. HEARING (Sec. 13; Summary Hearing)
Likewise, the filing of the petition by an authorized The hearing is summary. However, the court may
party on behalf of the aggrieved party suspends the call for a preliminary conference to simplify the
right of all others, observing the order established issues and determine the possibility of obtaining
stipulations and admissions from the parties. property, to permit entry for the purpose of
inspecting, measuring, surveying, or photographing
The hearing is day to day until completed and given the property or any relevant object or operation
the same priority as petitions for habeas corpus thereon.

I. INSTITUTION OF SEPARATE 3. Production Order – The CJJ, upon verified motion


and after due hearing, may order any person in
ACTION (Sec. 21) possession, custody or control of any designated
documents, papers, books, accounts, letters,
The rule does not preclude the filing of a separate
photographs, objects or tangible thins, or objects in
criminal, civil, or administrative actions.
digitized or electronic form, which constitute or
contain evidence relevant to the petition or the
But a claim for damages should instead be filed in a return, to produce and permit their inspection,
proper civil action. copying or photographing by or on behalf of the
movant.
If the evidence so warrants, the amparo court may
refer the case to the Department of Justice for
4. Witness Protection Order – The CJJ, upon motion
criminal prosecution, because the amparo or motu proprio, may refer the witnesses to the DOJ
proceeding is not criminal in nature and will not for admission the Witness Protection Security and
determine the criminal guilt of the respondent.
Benefit Program or the witness may be referred to
other gov’t agencies, or to accredited persons or
J. EFFECT OF FILING A private institutions capable of keeping and securing
their safety.
CRIMINAL ACTION (Sec. 22)
Upon verified motion of the RESPONDENT and after
No separate petition for the writ shall be filed. The due hearing, the CJJ may issue an inspection order
reliefs under the writ shall be available by motion in or production order. A motion for inspection order
the criminal case. shall be supported by affidavits or testimonies of
witnesses.
Procedures under the Rule (A.M. No. 07-9-12-SC)
shall govern the disposition of the reliefs available
under the writ
M. QUANTOOM OF PROOF IN
APPLICATION FOR ISSUANCE
K. CONSOLIDATION (Sec. 23) OF WRIT (Sec. 17)
The parties shall establish their claims by
When a criminal action is filed subsequent to the
substantial evidence.
filing of a petition for the writ, the latter shall be
consolidated with the criminal action, regardless if
there was a separate civil action

L. INTERIM RELIEFS
AVAILABLE TO THE
PETITIONER AND
RESPONDENT (Sec. 14 and 15)
1. Temporary Protection Order – The court, justice,
or judge (CJJ) upon motion or motu proprio, may
order the petitioner or the aggrieved party and any
member of the immediate family be protected in a
gov’t agency or by an accredited person or private
institution capable of keeping and securing their
safety. If the petitioner is an organization,
association, or institution, the protection may be
extended to the officers involved.

2. Inspection Order – The CJJ, upon verified motion


and after due hearing, may order any person in
possession or control of a designated land or other
III. Writ of Habeas Data (A.M. It may be filed by any aggrieved party.

No. 08-1-16-SC) However, in cases of extralegal killings and enforced


disappearances, the petition may be filed by
1. Any member of the immediate family of the
aggrieved party (spouse, children, and parents);
A. SCOPE AND AVAILABILITY or
2. Any Ascendant, descendant, or collateral
relative of the aggrieved party within the 4th
The writ of habeas data provides a judicial remedy
civil degree of consanguinity or affinity, in
to protect a persons right to control information
default of those mentioned in the preceding
regarding oneself, particularly in instances where
paragraph
such information is being collected through unlawful
means in order to achieve unlawful ends. As an
Unlike in amparo, human rights organizations or
independent and summary remedy to protect the
institutions are not allowed to file the petition.
right to privacy especially the right to informational
privacy the proceedings for the issuance of the writ
of habeas data does not entail any finding of C. CONTENTS OF THE
criminal, civil or administrative culpability. If the
allegations in the petition are proven through PETITION (Sec. 6)
substantial evidence, then the Court may (a) grant The verified written petition should contain:
access to the database or information; (b) enjoin the 1. Personal circumstances of the petitioner and the
act complained of; or (c) in case the database or respondent;
information contains erroneous data or information, 2. The manner the right to privacy is
order its deletion, destruction or rectification. violated/threatened and how it affects the right
(Rodriguez v. Arroyo, G.R. No. 191805, November to life, liberty, or security of the aggrieved
15, 2011) party;
3. Actions and recourses taken by the petitioner to
Without an actionable entitlement in the first place secure the data/information
to the right to informational privacy, a habeas data 4. Location of the files, registers, databases, gov’t
petition will not prosper. The existence of a person’s office, and the person in charge, in the
right to informational privacy and a showing, at least possession or in control of the data/information,
by substantial evidence, of an actual or threatened if known;
violation of the right to privacy in life, liberty or 5. Reliefs prayed for, which may include the
security of the victim are indispensable before the updating, rectification, suppression, or
privilege of the writ may be extended. The writ will destruction of the database/information/files
not issue on the basis merely of an alleged kept by respondent
unauthorized access to information about a person. • In case of threats, the relief may include a
Availment of the writ requires the existence of a prayer for an order enjoining the act
nexus between the right to privacy on the one hand, complained of; and
and the right to life, liberty or security on the other. 6. Other relevant reliefs as are just and equitable.
The writ of habeas data is a remedy available to any
person whose right to privacy in life, liberty or
security is violated or threatened by an unlawful act D. CONTENTS OF RETURN (Sec.
or omission of a public official or employee, or of a 10)
private individual or entity engaged in the gathering 1. Lawful defenses such as national security, state
collecting or storing of data or information regarding secrets, privileged communications,
the person, family, home and correspondence of the confidentiality of the source of information of
aggrieved party. It is an independent and summary media and others;
remedy designed to protect the image, privacy, 2. In case of respondent in charge, in possession or
honor, information, and freedom of information of in control of the date or information –
an individual, and to provide a forum to enforce • Disclosure of the data/information about
one’s right to the truth and to informational privacy. the petitioner, the nature of such
It seeks to protect a person’s right to control data/information, and the purpose for its
information regarding oneself, particularly in collection;
instance in which such information is being collected • Steps/actions taken by respondent to
through unlawful means in order to achieve unlawful ensure the security and confidentiality of
ends. (Vivares v. St. Theresa’s College, G.R. No. the data/information; and
202666, September 29, 2014). • Currency and accuracy of the
data/information; and
B. WHO MAY FILE (Sec. 2) 3. Other relevant allegations
General denial of the allegations is not allowed.
under the writ
E. INSTANCES WHEN
H. INSTITUTITON OF
PETITION MAY BE HEARD IN
SEPARATE ACTION (Sec. 20)
CHAMBERS (Sec. 12)
1. Where respondent invokes the defense that the The filing of a petition for the writ shall not
release of the data/information shall preclude the filing of separate criminal, civil, or
compromise national security or state secrets administrative actions
2. When the data/information cannot be divulged
to the public due to its nature/privilege
character I. QUANTOOM OF PROOF IN
APPLICATION FOR ISSUANCE
F. CONSOLIDATION (Sec. 21)
OF WRIT OF HABEAS DATA
When a criminal action is filed subsequent to the (Sec. 16)
filing of a petition for the writ, the latter shall be The parties shall establish their claims by
consolidated with the criminal action, regardless if substantial evidence.
there was a separate civil action.
WHAT IS THE INDISPENSABLE REQUIREMENT IN
AVAILING OF THE REMEDY OF WRIT OF HABEAS
G. EFFECT OF FILING OF A DATA?
CRIMINAL ACTION (Sec. 22) An indispensable requirement before the privilege of
the writ may be extended is the showing, at least by
substantial evidence, of an actual or threatened
No separate petition for the writ shall be filed. The violation of the right to privacy in life, liberty or
relief under the writ is available to an aggrieved security of the victim (Roxas vs. Macapagal-Arroyo,
party by motion in the criminal case. G.R No. 189155, 2010).

The procedure under this rule (A.M. No. 08-1-16-SC)


shall govern the disposition of the reliefs available