Habeas Corpus, Writ of Amparo, and Habeas Data Distinguished:
Habeas Corpus
* Involves the right to liberty of
and rightful custody by the
aggrieved party
There is an actual violation of
aggrieved party`s right.
Respondent may or may not be
an officer.
Filed by the party for whose
relief it is intended or by some
person on his behalf.
Filed before:
(1) RTC or any judge thereof,
Writ of Amparo
As to rights involved
* Involves the right to life, liberty,
and security of the aggrieved party
and covers extralegal killings and
enforced disappearances
As to what is violated
There is an actual or threatened
violation of aggrieved party`s right.
As to who are respondents
Respondent is a public official or
employee or a private individual or
entity.
As to who may avail of the remedy
Filed by the aggrieved party or by
any qualified person or entity in the
following order:
(1) any member of the immediate
family of the aggrieved party,
i.e spouse, children, and parents;
(2) any ascendant, descendant, or
collateral relative of the aggrieved
party within the fourth civil degree
of consanguinity or affinity;
(3) any concerned citizen , organi-
zation, association, or institution
(right to file is successive).
As to Venue
Filed before:
(1) RTC of the palce where the
Habeas Data
* Involves the right to privacy in
life, liberty, or security of the
aggrieved party and may cover
extralegal killings and enforced
disappearances
There is an actual or threatened
violation of aggrieved party`s right.
Respondent is a public official or
employee or a private individual or
entity engaged in the gathering,
collecting, or storing of data or
information regarding the person,
family name, and correspondence
of the aggrieved party.
Filed by the aggrieved party, but
in cases of extralegal killings and
enforced disappearances, may be
filed by:
(1) any member of the immediate
family of the aggrieved party,
i.e spouse, children, and parents;
(2) any ascendant, descendant, or
collateral relative of the aggrieved
party within the fourth civil degree
of consanguinity or affinity.
Filed before:
(1) RTC where the petitioner re-
(2) CA or any member thereof
in instances authorized by law,
and
(3) SC or any member thereof
If granted by SC or CA or any
member of such courts, is it en-
forceable anywhere in the Phils.;
If granted by the RTC or a judge
thereof, it is enforceable only
within his judicial district.
Date and time of hearing is
specified in the writ
Served to the person to whom
it is directed and if not found or
threat, act, or omission was commit-
ted or any of its elements occurred;
(2) Sandiganbyan or any justice
thereof
(3) SC or any justice thereof
As to where enforceable
The writ shall be enforceable any-
where in the Phils. Regardless of
who issued the same
If issued by the RTC or any judge
thereof, it is returnable before such
court or judge.
If issued by the Sandiganbayan or
CA or any of their justices, it may
be returnable before such court or
any justice thereof, or to any RTC of
the place where the threat, act, or
omission was committed or any of
its elements occurred.
If issued by the SC or any of its
justices, it may be returnable before
such Court or any justice thereof or
the Sandiganbayan or CA or any of
their justices, or to any RTC of the
place where the threat, act, or
omission was committed or any of
its elements occurred.
As to when hearing is conducted
Summary hearing shall be conducted
not later than 7 days from the date
of the issuance of the writ
As to whom served
Served upon the respondent perso-
nally, but if it cannot be served per-
sides, or that which has jurisdic-
tion over the place where the
data or information is gathered,
collected, or stored, at the option
of the petitioner;
(2) SC , CA, or Sandiganbayan
when the action concerns pub-
lic data files or government
offices.
The writ shall be enforceable any-
where in the Phils. Regardless of
who issued the same
If issued by the RTC or any judge
thereof, it is returnable before such
court or judge.
If issued by the Sandiganbayan or
CA or any of their justices, it may
be returnable before such court or
any justice thereof, 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 the SC or any of its
justices, it may be returnable before
such Court or any justice thereof or
the Sandiganbayan or CA or any of
their justices, 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.
Summary hearing shall be conducted
not later than 10 work days from the
date of the issuance of the writ
Served upon the respondent perso-
nally, but if it cannot be served per-
has not the prisoner in his cus- sonally, the rule on substituted sonally, the rule on substituted
tody, to the other person having service shall apply. service shall apply.
or exercising such custody

As to neglect or refusal to make a return

If the person to whom the writ is If the respondent refuses to make a If the respondent refuses to make a
directed neglects or refuses to return or make a false return, he return or make a false return, he
obey or makes a false return may be punished with imprisonment may be punished with imprisonment
thereof, or who, upon demand or fine for committing contempt. or fine for committing contempt.
made by or on behalf of the pri-
soner, refuses to deliver to the
person demanding within 6 hours
after the demand therefore, a
true copy of the warrant or order
of commitment, he shallf forfeit
to the party aggrieved the sum of
Php 1,000 and may be punished
for contempt.

As to quantum of proof
Clear and convincing evidence Substantial evidence Substantial evidence