Writ of Habeas Corpus
some courts denominate it as a special
Natures and Functions of the
Writs
Exhaustion of Remedies
Coverage of Rights
Locus Standi
Contents
Tabularized by: BATHAN, M.R.
Source: “The Writs of Habeas Corpus and Amparo: A Comparison of Remedies
Against The Menaces of State Power”, Atty. Cheryl L. Daytec
Writ of Amparo
special proceeding
May be availed of in case of illegal
confinement or the rightful custody of any
person is withheld from the person entitled
thereto.
As a rule, the writs may not be availed of if there is an available remedy in the ordinary
course of law. However, an EXCEPTION is when there is an exceptional circumstance
to warrant otherwise.
Right to liberty
The ordinary rules on locus standi does not apply to both habeas corpus and amparo
which are governed by the liberal rules.
may be instituted by the party whose relief
it is intended or by any person on his
behalf; may be in the nature of class suit
Jurisprudence shows that the following
may file a petition for habeas corpus:
a) immediate relatives;
b) board mate;
c) sweetheart;
d) fiancée;
e) common-law spouse
The petition should allege the ff:
1. The person in whose behalf the action is
filed
2. The officer or name of the person
detaining him/her if known, or if unknown
he/she may be described by an assumed
appellation and the person is served with
the writ shall be deemed the person
intended
3. The place where the person is detained
4. Copy of the commitment or the cause of
his detention, if it can be procured without
impairing the efficiency of the remedy; or if
the detention is without any legal authority,
such fact shall appear.
proceeding
may be availed in case of violations or
threats of violations of the constitutional
rights to life, liberty and security
Right to life, liberty and security
may be instituted by the aggrieved party
or by any qualified person or entity in the
following order:
a.) any member of the immediate
family, namely the spouse,
children and parents of the
aggrieved party
b.) any ascendant, descendant or
collateral relative of the
aggrieved party within the 4th
civil degree of consanguinity or
affinity, in default of those
mentioned in the preceding
paragraph
c.) any concerned citizen,
organization, association or
institution, if there is no known
member of the immediate
family or relative of the
aggrieved party
The petition should aver the ff:
1. The personal circumstances of
petitioner
2. The name and personal circumstances
of the respondent responsible for the
threat, act or omission, or if the name is
unknown or uncertain, the respondent
may be described by an assumed
appellation
3. The right to life, liberty and security of
the aggrieved party violated or
threatened with violation by unlawful act
or omission of the respondent, and how
such threat or violation is committed with
the attendant circumstances detailed in
supporting affidavits
4. The investigation conducted, if any,
specifying the names, personal
circumstances and addresses of the
investigating authority or individuals, as
well as the manner and conduct of the
investigation together with any report
 5. The actions and recourses taken by
the petitioner to determine the fate or
whereabouts of the aggrieved party and
the identity of the person responsible for
the threat, act, or omission and the relief
prayed for

Both petitions must be verified in order to assure that the allegations are true and correct
and not the offshoot of speculation or imagination and that the pleading is filed in good
faith or is the consequence of a legitimate grievance or indignation that demands
redress.

Reliefs Prayed For
release of the detainee from the custody of
respondent; vacating the decision of the
court that acted without jurisdiction;
declaration of nullity of a statute upon
which the penalty or detention is based
release of a detainee (in enforced
disappearance) from detention and an
injunction of acts that violate or threaten
to violate the person's life, liberty and
security

both petitions do not include claims for civil damages

Technical rules should not defeat substantial justice. Although verification is a

Formal Requirements:
Verification and Certification
Against Forum Shopping
Time of Filing
Payment of Docket Fees
mandatory requirement, it is not jurisdictional and its interpretation may be relaxed in
the interest of substantial justice. Technical rules of procedure are tools to promote, not
to frustrate justice. While the petition for the writ is required to be verified, the DEFECT
IN FORM is NOT FATAL. Liberty is so fundamental that it cannot be subservient to
technicality.
The ROC requirement for a certification of non-forum shopping for complaints and
initiatory pleadings applies to special proceedings, the absence of which is not a ground
for dismissal. A habeas petition, as stated, is in the nature of a special proceeding. While
there is no specific procedural rule denominating amparo as a special proceeding, it is
submitted that an amparo petition may not be dismissed on account of the absence of
certification against forum shopping.
may be filed only on a working day, during
may be filed at any day, any time
working hours
Exempt from docket fees making it more
Docket fees are required in habeas corpus
accessible to indigent litigants
They may be filed before the RTC, CA or SC w/o need to observe the rule on the
hierarchy of courts.

May be filed with the Family Court if the

Venue: Where to file
petition involves the rightful custody of
minors. In the absence of RTC Judges in a
province or city, any Metropolitan TC May be filed with the Sandiganbayan
Judge, MTC Judge or MCTC Judge may (public officials and employees are more
hear and decide petitions for writ of habeas likely to be the respondents
corpus or petition for bail in criminal cases
in the province or city where the absent
RTC judge sit.

Enforceable anywhere ONLY IF issued by

the SC or CA; a writ granted by the RTC is
Enforceable anywhere in the PH
Enforceability enforceable only within the district; those
regardless of the Court which issued it.
issued by the MTC is enforceable only
within its jurisdiction

Respondents public and private actors (artificial or

private actors natural)

It is clear who may be impleaded: the
persons or persons detaining another or
Liability Attribution
who do not have rightful custody of the
latter
An entity or person who authored the
enforced disappearance, extrajudicial
killing, violation or threats of violation of
the life, liberty and security of an
individual may be liable.

Tabularized by: BATHAN, M.R.

Source: “The Writs of Habeas Corpus and Amparo: A Comparison of Remedies

Against The Menaces of State Power”, Atty. Cheryl L. Daytec

Command Responsibility
General Denials
Contempt and Punishment
Interim Reliefs Available
The Pace in Disposition of
Cases
Immediate Order Requirement
Filing of return
Hearing
Prohibited Pleadings
Tabularized by: BATHAN, M.R.
Source: “The Writs of Habeas Corpus and Amparo: A Comparison of Remedies
Against The Menaces of State Power”, Atty. Cheryl L. Daytec
Those who are responsible for investigating the violation or threats of violation of life,
liberty and security or the enforced disappearance or extrajudicial killing of a person
should also be impleaded.
The concept of command responsibility
does not apply in habeas corpus
allowed
If the respondents are not detaining nor
restraining the applicants or the person in
whose behalf the petition for HC is filed,
then the petition should be dismissed.
Failure to make a return or submission of a false return may be a ground for the
imposition of fine or imprisonment
Provides for interim or preliminary reliefs
for the petitioner upon the filing of the
petition or any time prior to final
judgment.
may be issued without a hearing; a motion
praying for a protection order need not be
verified
must comply with the particularity rule
directs any person in custody of effects which
constitute or contain evidence relevant to the
petition or return to produce and permit their
inspection; does not authorize seizure of objects
There is no requirement for immediate
order but the clerk of court must
immediately issue the writ upon being
ordered.
Filing of the return is on the day specified
in the writ
Held on the date and time specified in the
writ with no requirement that it be held from
day to day.
none
Command Responsibility applies if one
goes by the SC's pronouncement in
Razon vs. Tagitis: Those in command
are responsible for ensuring that
extraordinary diligence is exercised in
addressing enforced disappearance and
extrajudicial killings. Should their
subordinates fail to exercise such degree
of diligence, they should be accountable
for the conduct of further investigation.
not allowed
2 reliefs available on motion or motu
proprio intended to secure the safety of
the petitioners or aggrieved parties, their
immediate families and witnesses:
1. Temporary Protection Order
2. Witness Protection Order
2 reliefs w/c may be granted upon
verified motion and hearing intended to
aid the court in gathering evidence:
1. Inspection Order
2. Production Order
given priority than habeas corpus;
involves swifter proceedings
Upon receipt of a petition, the amparo
court, justice, or judge shall docket it and
act immediately, ordering the issuance of
the writ if, on the face of the petition, it
ought to issue.
Filing of verified return is within 5 working
days after service of the writ.
Conducted not later than 7 days from the
date of issuance of the writ and shall be
held from day to day until completed
because time cannot stand still when life,
liberty, or security is at stake.
a. motion to dismiss on any
ground including lack of
jurisdiction
b. motion to amend the return
c. amended return to incorporate
new defenses

Nature of Proceeding
Period to decide
Appeal
Period of Appeal
The Writ and Criminal Cases
The Writ and Non-Criminal
Cases
Archiving and Dismissal
Tabularized by: BATHAN, M.R.
Source: “The Writs of Habeas Corpus and Amparo: A Comparison of Remedies
Against The Menaces of State Power”, Atty. Cheryl L. Daytec
summary in nature
Both the petition and the return should be accompanied by sworn statements of
witnesses and all defenses not pleaded in the answer shall be deemed waived.
must be decided by the court within 10
days from the time it is submitted for
decision
final judgment or final order may be
appealed directly to the SC under Rule
45
48 hrs. from receipt of decision 5 working days from date of notice of
(jurisdictional requirement); adverse judgment;
An appeal filed out of time may be sought if appeal is made to the SC, it follows the
to be dismissed at any stage of the 15-day period within which to appeal
proceedings in the appellate court. (Rule 45)
Commencement of criminal action - bars
With pending criminal case for which one is
the filing of a separate action for amparo.
detained- he or she cannot apply for the
An amparo petition filed separately from
writ however this is not absolute
a pending criminal action is dismissible.
W/O pending case but during the pendency If the filing of the amparo petition
of the HC petition an info is filed against precedes the criminal action, the former
him/her - petition become MOOT AND shall be consolidated with the latter
ACADEMIC
The writ will lie in the ff cases despite Reliefs shall be availed of by motion in
pendency of criminal case: the criminal case.
a. when the court has no jurisdiction to
impose the sentence or on the subject
matter or over the person of the accused
b. When the trial of an accused has been
postponed for an unreasonable length of
time to the prejudice and objection of the
applicant
c. when there is excessive penalty or where
the imposed penalty has no basis in law or
where the bond imposed is excessive
d. during the pendency of a criminal action
to determine the constitutionality of a
statute, subject to the cardinal rule that the
constitutional issue is raised at the earliest
opportunity
does not lie where the petitioner has the
remedy of appeal or certiorari because it Shall continue to apply in the disposition
will not be permitted to perform functions of of the prayer for reliefs of the petition; if
a writ of error or appeal for the purpose of both a criminal and a civil action are filed
reviewing mere errors or irregularities in the after amparo is instituted, the petition is
proceedings of a court having jurisdiction consolidated only with the criminal case.
over the person and the subject matter The civil case shall proceed
may be used with the writ of certiorari for independently
the purpose of review
A petition should be archived rather than
dismissed if upon its determination it
dismissible when there is insufficient
cannot proceed for a valid cause. While
evidence to trump the legality of detention
archived, the courts must review it
or to rebut the respondent's general denial
periodically. It may be revived within 2
of custody of the desaparecido
yrs. from the time notice of the archiving
was received by petitioner.
Not all amparo cases are for archiving;
only those which cannot proceed on
no provision on archiving
account of valid cause may be archived.

The Inapplicability of Res
Judicata
Habeas Corpus and Amparo in
Emergency Situations
Ground for Seeking Release
Tabularized by: BATHAN, M.R.
Source: “The Writs of Habeas Corpus and Amparo: A Comparison of Remedies
Against The Menaces of State Power”, Atty. Cheryl L. Daytec
Res judicata does not apply in habeas corpus and amparo
It does not apply to HC because what is at stake is either the life, liberty or security of a
person who is a victim of potential or actual enforced disappearance or summary
execution.
Abuse of Writ Doctrine - may be applied by the courts to junk petitions that seek
nothing but vex and harass a party.
Comprises a whole series of remedies
only a subset of amparo and that habeas corpus is but one of its
components.
Larger and independent remedy
suspension of the privilege of the writ of habeas corpus has no bearing on the writ of
amparo
No separate petitions for amparo and habeas corpus may be instituted simultaneously
or successively to seek the release of detainee.
Threat of extrajudicial killing or enforced
illegality of detention disappearance that ensues the
deprivation of liberty.