Writ of Habeas corpus

never suspend but is issued as a matter of rights , what is suspended is the exercise of the said privileged

suspension
1. invasion
2. rebellion

coverage
1. illegal confinement or detention
2. right of custody is with held from a person entitled thereto

right of person to know the legality of a persons detention

WOHC will because parents because both parents have joint custody... But if there is judgment already then
WOHC wil not prosper

Minors – purpose of the petition is not only to the prodution of child but also the custody of the child in the
same action

WOHC will apply

1. court no jurisdiction
2. the excess of the penalty
3. physically and personally restricted

Will not issue if the restraint is voluntary- WOHC will not apply except if it is a minor

Which court may grant

MTC- if there are no rtc's

RTC CA and SC have concurrent jurisdiction enforceable anywhere in the philippines

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

some party -person who has interest on the person

does common law spouses have interest in each other ?it depends if breed winner ang spouse nya naa silay anak

Contents of the petition

1. That the person in whose behalf the application is made is imprisoned or restrained of his liberty;
2. 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;
3. The place where he is so imprisoned or restrained, if known;
4. 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. (Sec. 3, Rule 102)

It is a suit by the state in behalf of the individual

a proceeding in rem – no defendant or plaintiff

not even considered as a suit

issuance of the writ it does not mean that there is automatic release, I determine pa man kung illegal or dili ang detention then after ayha ra ma
decide ang court

actual and physical restraint

warrantless arrest- will WOHC be available? It depends . If filed in court no! Then the remedy is a motion to quash . But if wala pa na file ang
information and it is already beyond the reglamentary period then WOHC will apply

valid warrantless arrest

1. in flagrante
2. hot pursuit
Illagan vs juan ponce enrile
paredes vs sb

if individual ang nag detain – then directed to the officer ra gihapon plus a summon to the person detaining

section 10-12 read through it

restrained by an alleged private authority – the return is only a plea of facts not an evidence of prima facie in itself

section 14
-no bail in imprisonment punishable by death
-discharge cannot be effective until a copy of the order is given to the officer

Within 48 hours from notice of the judgment or final order appealed from -file in the court or the clerk of court that rendered the decision
section 20 rule of the rules of court –basaha na !

Citation to show cause and order to show cause

1. Preliminary citation is issued when a government officer has the person in his custody, the illegality of which is not patent, to show
cause why the writ of habeas corpus should issue. (not the writ itself; failure is not subject to contempt)
2. Peremptory writ is issued when the cause of the detention appears to be patently illegal and the non-compliance therewith is
punishable. (Lee Yick Hon v. Collector of Customs, G.R. No. 16779, Mar. 30, 1921). (can be cited for contempt if not followed)

writ of amparo
-in cases of disappearances

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.

Involves the right to life, liberty, and security of the aggrieved party and covers extralegal killings and enforced disappearances

extralegal killings and enforced disappearances

who can file?

1. Any member of the immediate family, namely: the spouse, children and parents of the aggrieved party;
2. Any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil degree of consanguinity or affinity, in
default of those mentioned in the preceding paragraph; or
3. Any concerned citizen, organization, association or institution, if there is no known member of the immediate family or relative
of the aggrieved party.

RTC of the place where the threat, act or omission was committed or any of its elements occurred; SB or any justice thereof; CA or any justice
thereof; SC or any justice thereof.

Enforceable anywhere in the Philippines regardless of who

issued the same
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 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

It issues immediately- if patently clears on its face – clerk of ocurt will issue

date and time

Summary hearing shall be conducted not later than 7 days from the date of issuance of the writ.

Served upon the respondent personally; or substituted service

Within 5 working days after service of the writ, the respondent shall file a verified written return together with supporting affidavits.

Prohibited pleadings

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;
10. Memorandum;
11. Motion for reconsideration of interlocutory orders or interim relief orders; and
12. Petition for certiorari, mandamus or prohibition against any interlocutory order.

Provisional reliefs- protection and production order

can gov official or employee invoke presumption of regularity in the performace of his duty to evade liability ? NO he cannot! He must prove that
extraordinary diligence was exercised by him

fact or law

case will not be dismissed but will be archived … lapse of two years from notice of archive (it will not be dissmissed there must be an action
within the two years there must be something that should be done. But if it will be dismissed then, it is with prejudice)

writ of amparo is granted = can still file a criminal case

criminal case is filed already- then writ of amparo will not lie
criminal case is filed subsequently- wfa will be incorporated

appeal
5 working days from the date of notice of the adverse judgment

Writ of habeas data

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

who can file

1. Any aggrieved party;
2. However, in cases of extralegal killings and enforced disappearances:
a. Any member of the immediate family
b. Any ascendant, descendant, or collateral relative of the aggrieved party within the 4 th civil degree of consanguinity or affinity
RTC where the petitioner or respondent resides, or that which has jurisdiction over the place where the data or information is gathered,
collected or stored, at the option of the petitioner; or with SC, CA or SB when the action concerns public data files or government offices

Summary hearing shall be conducted not later than 10 working days from the date of issuance of the writ – can be done in chambers if
national security na ang issue if ma release ang information

5 working days from the date of notice of the judgment or final order - to the SC! questions fact and law are allowed

Assignment written report

compare rule 103 with 108 and ra 9048
ra 9255
ra 10172
silverio vs republic 174689 2007 vs rp vs cagandahan 2008

rp vs capute 157043 2007

rp vs co 170340 2007

julian lim huwang vs ccebu city civil register 159566 2005

rp vs cralito michael co 170340 2007

ancheta penyo vs 174873 2009

183871 2010

Rule 103
1. -error – initial hearing = establish jurisdictional facts (duly signed and the name of the petitioner is the petitioner himself)
2. offer notices (proof of notice)
3. proof of publication
4. present your evidence in chief
5. sol gen must be notified (it goes into the interest of the state)

Rep vs Narcos
-the change of name not permitted to give a false representation that parties are relative when in fact they are not relative

Pandilla vs republic
-satanas to santito (first name) = covered by 9048 . there is no change of sex nationality or surname

maria jovi to maria jubileen = aw 9048 kay first name rana

9048
1. first name
2. nickname

Order for hearing in case of change of first name/nickname shall be published once a week for 2 consecutive weeks.

Civil Registrar General under Sec. 7 or CA under Rule 43

Interested parties/Solicitor General need not be notified

1. Local Civil Registry office where the record is kept;

2. Consul gener
Rule 108

Correction of or substantial errors of entries in the Civil Registry/ cancellation of entries

Judicial; hearing is necessary

Summary if it involves clerical errors
Adversarial if it involves substantial errors.

Clerical or typographical error refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an
entry in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth, mistake in the entry of day and
month in the date of birth or the sex of the person or the like, which is visible to the eyes or obvious to the understanding, and can be corrected
or changed only by reference to other existing record or records: Provided, however, That no correction must involve the change of nationality,
age, or status of the petitioner."

RTC where the corresponding civil registry is located.

Clerical error act

the grounds for rule 108 is same as 103

citizens resideng abroad = file it in the consular office

RA 9255
It is an Act allowing illegitimate children to use the surname of their father provided that the
father has acknowledged the child, amending Article 176 of Executive Order No. 209 (Family Code of
the Philippines). It was signed into law by President Arroyo on February 24, 2004 and took effect on
March 19, 2004, fifteen days after its publication. This law applies to all illegitimate children born
before or after the effectivity of RA 9255. This includes unregistered births; and registered births where
the illegitimate children use the surname of the mother.
The requirements that must be complied with so that the illegitimate child can use the surname of the
father are the affidavits found at back of the Certificate of Live Birth , a separate public document or
the Affidavit to Use the Surname of the Father; and a private handwritten instrument executed and duly
signed by the father expressly recognizing paternity to the child. The Affidavit to Use the Surname of
the Father is used in cases where recognition is made through a private handwritten instrument, or
when the birth has already been registered under the mother's surname with or without the father's
recognition. For private handwritten instruments, other documents are required to be submitted to
support the claim made, these include Employment records; SSS/GSIS records; Insurance;
Certification of membership in any organization; Statement of Assets and Liabilities; or Income Tax
return (ITR) Consent of the child is necessary, if the child is eighteen (18) years old or more at the time
of recognition. At least two of those additional requriements should be passed is sufficient so that the
child will be allowed to use the surname of the father. The father; mother; the child, if of legal age, or
the guardian may file the public document or the AUSF in order for the child to use the surname of the
father. Recognition or acknowledgment made in a public document other than the record of birth or the
AUSF shall be registered within 20 days from the date of execution.
If the child was born in the Philippines and the public document or the AUSF was executed in the
Philippines, the public document or the AUSF shall be registered at the Local Civil Registry Office
(LCRO) of the place where the child was born. If the child was born in the Philippines and the public
document or the AUSF was executed outside the Philippines, the public document or the AUSF shall be
registered at the LCRO of Manila. If the child was born outside the Philippines and the public
document or the AUSF was executed or the AUSF was executed in or outside the Philippines, the
public document or the AUSF shall be registered at the LCRO of Manila. After registration of the
public document or the AUSF, the LCRO of the place of birth shall annotate the record of birth and the
appropriate entry in the registry book. For births, which occurred outside the Philippines, the
annotation of the record of births shall be done by the OCRG. In cases where the illegitimate child
whose mother is below eighteen years old when he was born can still use the surname of hisfather
pursuant to RA 9255 provided that the father of the child has admitted paternity to the child.

Special pro- mere notice of appeal is not enough !