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
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 - If 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) Copy of the commitment or cause of detention of
such person, if it can be procured without impairing
the efficiency of the remedy
• If imprisonment or restraint is without any legal
authority, such fact shall appear. (Sec. 3, Rule
102)
B. CONTENTS OF THE
RETURN
D. WHEN PROPER/
APPLICABLE
All cases of confinement or detention by which any
person is deprived of his liberty, or by which the
rightful custody of any person is withheld from the
person entitled thereto (Sec. 1, Rule 102, Rules of
Court)
Law requires actual or physical CONFINEMENT but
NOT RESTRAINT.
Requisites for issuance; concurrence of the
following:
1. Petitioner has the right to the custody of the
minor;
2. The rightful custody of the minor is being
withheld from the petitioner by the respondent;
3. It is to the best interest of the minor concerned
to be in the custody of the petitioner and not
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
is, the writ cannot be issued. What is to be inquired
into is the legality of a person's detention as of, at
the earliest, the filing of the application for the writ
of habeas corpus, for even if the detention is at its
inception illegal, it may, by reason of some
supervening events, such as the instances mentioned
in Section 4 of Rule 102, be no longer illegal at the
time of the filing of the application. (Ampatuan v.
Macaraig, G.R. No. 182497, June 29, 2010)
D.4 General Rule: No Habeas Corpus in Voluntary
Restraint
Exception: Minor
[Lee Yick Hon v. Collector of Customs, (1921)]
D.5 WRIT NOT PROPER IN
1. Enforcement of right to service;
2. Determination whether a person has committed
a crime;
3. Determination of disputed interstate boundary;
4. To punish respondent;
5. To afford the injured person redress for illegal
detention;
6. To recover damages or other money award
7. For asserting or vindicating denial of right to
bail;
8. For correcting errors in appreciation of
facts/appreciation of law
E. WHEN WRIT NOT
ALLOWED OR DISCHARGE
AUTHORIZED
(1) The person alleged to be restrained of his liberty
is:
(a) In custody of an officer or under process
issued by the court or judge or by virtue of a
judgment or order of a court of record, and
(b) Said court had jurisdiction to issue the
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
(3) Person is charged with or convicted of an offense
in the Philippines; or
(4) Suffering from imprisonment under lawful
judgment. [Sec. 4, Rule 102]
(5) If it appears that the prisoner was lawfully
committed, and is plainly and specifically charged in
the warrant of commitment with an offense
punishable by death [Sec. 14, Rule 102]
(6) Even if the arrest of a person is illegal, the
following supervening events may bar release:
(a) Issuance of a judicial process [Sayo v.
Chief of Police of Manila, G.R. No. L- 2128
(1948)] Judicial process is defined as a writ,
warrant, subpoena, or other formal writing
issued by authority of law. [Malaloan v. CA,
G.R. No. 104879 (1994)]
(b) The filing of a complaint before a trial
court which issued a hold departure order and
denied motion to dismiss and to grant bail
[Velasco v. CA, G.R. No. 118644 (1995)]
(c) Filing of an information for the offense for
which the accused is detained bars the
availability of WHC [Velasco v. CA, G.R. No.
118644 (1995)]
IS HAEAS CORPUS AVAILABLE AS POST-CONVICTION
REMEDY IN LIGHT OF NEW DNA EVIDENCE TO BE
PRESENTED IN COURT TO REVERSE A CONVICTION
FOR RAPE?
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
has been deprivation of a constitutional right
resulting in the restraint of a person; (b) the court
had no jurisdiction to impose the sentence; or (c) an
excessive penalty has been imposed, as such
sentence is void as to such excess. To reexamine the
weight and sufficiency of evidence based on the new
DNA evidence is outside the scope of a habeas
corpus petition (In Re: The Writ of Habeas Corpus
for Reynaldo De Villa, G.R. No. 158802, Nov. 17,
2004)
F. DISTINGUISH FROM AMPARO AND HABEAS DATA
Habeas Corpus
Right to liberty of and rightful
custody by the aggrieved party (Sec.
1)
By the party for whose relief it is
intended or by some person on his
behalf (Sec. 3)
Signed and verified either by the
party for whose relief it is intended
or by some person on his behalf,
containing the ff.
1. The person in whose behalf the
application is made is imprisoned or
restrained of his liberty
2. Name of the person detaining
another
3. Place of imprisonment or
restriction of liberty
4. Cause of detention (Sec. 3)
Amparo
Coverage
Right to life, liberty, and security of
the aggrieved party.
Also covers extralegal killings and
enforced disappearances or threats
thereof (Sec. 1)
Who may File
By the aggrieved party or by any
authorized/qualified person in the
ff. order
1. Any member of the immediate
family (spouse, children, and
parents of the aggrieved party);
2. Any ascendant, descendant, or
collateral relative of the aggrieved
party within 4th 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
Filing of petition by an authorized
person suspends the right to file by
others down the order (Sec. 3)
Contents of Petition
Signed and verified, and containing
the ff.
1. Personal circumstances of the
petitioner
2. Name and circumstances of the
respondent
3. Right to life, liberty, and security
violated or threatened
4. Investigation conducted, if any,
and circumstances of each
5. Actions and recourses taken by
petitioner
6 Relief prayed for (Sec. 5)
Habeas Data
Right to privacy in life, liberty, or
security of the aggrieved party (Sec.
1)
Any aggrieved party.
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); or
2. 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
Human rights organizations or
institutions are not allowed to file
the petition (Sec. 2)
Verified and written petition
containing the ff.
1. Personal circumstances of the
petitioner and the respondent;
2. The manner the right to privacy is
violated/threatened and how it
affects the right to life, liberty, or
security of the aggrieved party;
3. Actions and recourses taken by
the petitioner to secure the
data/information
4. Location of the files, registers,
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
MINORS AND WRIT OF
HABEAS CORPUS IN
RELATION TO CUSTODY OF
MINORS (A.M. No. 03-04-04-
SC)
Sec. 20 – A verified petition for a writ of habeas
corpus involving custody of minors shall be filed with
the Family Court. The writ shall be enforceable
within its judicial region to which the Family Court
belongs.
However, the petition may be filed with the regular
court in the absence of the presiding judge of the
Family Court, provided, however, that the regular
court shall refer the case to the Family Court as soon
as its presiding judge returns to duty.
The petition may also be filed with the appropriate
regular courts in places where there are no Family
Courts.
The writ issued by the Family Court or the regular
court shall be enforceable in the judicial region
where they belong.
The petition may likewise be filed with the Supreme
Court, Court of Appeals, or with any of its members
and, if so granted, the writ shall be enforceable
anywhere in the Philippines. The writ may be made
returnable to a Family Court or to any regular court
within the region where the petitioner resides or
where the minor may be found for hearing and
decision on the merits.
Upon return of the writ, the court shall decide the
issue on custody of minors. The appellate court, or
the member thereof, issuing the writ shall be
furnished a copy of the decision.
II. Writ of Amparo (A.M. NO.
07-9-12-SC)
NATURE
The remedy of the Writ of Amparo is an equitable
and extraordinary remedy to safeguard the right of
the people to life, liberty, and security as enshrined
in the 1987 Constitution. The Rule on the Writ of
Amparo was issued as an exercise of the Supreme
Court's power to promulgate rules concerning the
protection and enforcement of constitutional rights.
It aims to address concerns such as, among others,
extrajudicial killings and enforced disappearances.
(De Lima v. Gatdula, G.R. No. 204528, February 19,
2013).
A. Coverage
The writ of amparo covers extralegal killings and
enforced disappearances. Extralegal killings are
killings committed without due process of law, i.e.,
without legal safeguards or judicial proceedings. On
the other hand, enforced disappearances are
attended by the following characteristics: an arrest,
detention or abduction of a person by a government
official or organized groups or private individuals
acting with the direct or indirect acquiescence of
the government; the refusal of the State to disclose
the fate or whereabouts of the person concerned or
a refusal to acknowledge the deprivation of liberty
which places such persons outside the protection of
law.
What it is not, is a writ to protect concerns that are
purely property or commercial. Neither is it a writ
that we shall issue on amorphous and uncertain
grounds. (Castillo v. Cruz, G.R. No. 182165,
November 25, 2009)
As the Court stressed in Secretary of National
Defense vs. Manalo, the writ of amparo was
conceived to provide expeditious and effective
procedural relief against violations or threats of
violation of the basic rights to life, liberty, and
security of person; the corresponding amparo suit,
however, is not an action to determine criminal guilt
requiring proof beyond reasonable doubt x x x or
administrative liability requiring substantial
evidence that will require full and exhaustive
proceedings. Writ of amparo cannot defeat
presidential immunity from suit.
GOVERNMENT INVOLVEMENT AN INDISPENSABLE
REQUIREMENT
To fall within the ambit of A.M. No. 07-9-12-SC in
relation to RA No. 9851, the disappearance must be
attended by some governmental involvement. This
hallmark of State participation differentiates an
enforced disappearance case from an ordinary case
of a missing person. (Navia v. Pardico, G.R. No.
184467, June 29, 2012)
DOES NOT PROTECT PROPERTY OR COMMERCIAL
RIGHT
The writ of amparo does not envisage the protection
of concerns that are purely property or commercial
in nature (Pador v. Arcayan, G.R. No. 183460, March
12, 2013)
The writ, in its present form, only applies to
extralegal killings and enforced disappearances or
threats thereof (Salcedo vs. Bollozos, 2010).
CAN A WRIT OF AMPARO ISSUE FOR A PARENT TO
REGAIN CUSTODY OF A CHILD PLACED FOR
ADOPTION?
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
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,
liberty and security of persons, free from fears and
threats that vitiate the quality of life. (Caram vs.
Segui)
B. DISTINGUISH FROM
HABEAS CORPUS AND
HABEAS DATA
See table found in writ of habeas corpus.
C. DIFFERENCES BETWEEN
AMPARO AND SEARCH
WARRANT
The production order under the Amparo Rule should
not be confused with a search warrant for law
enforcement under Article III, Section 2 of the 1987
Constitution.
The Constitutional provision is a protection of the
people from the unreasonable intrusion of the
government, not a protection of the government
from the demand of the people such as respondents.
Instead, the Amparo production order may be
likened to the production of documents or things
under Section 1, Rule 27 of the Rules of Civil
Procedure (Secretary of Defense v. Manalo, G.R. No.
180906 (2008)
D. WHO MAY FILE (Sec. 2; order of
preference)
By the aggrieved party or by any qualified person or
entity in the ff. order:
1. Any member of the immediate family
(spouse, children, and parents of the
aggrieved party);
2. Any ascendant, descendant, or collateral
relative of the aggrieved party within 4th
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
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.
E. CONTENTS OF RETURN (Sec.
9)
1. The lawful defenses to show that the respondent
did not violate or threaten with violation the right to
life, liberty and security of the aggrieved party,
through any act or omission;
2. The steps or actions taken by the respondent to
determine the fate or whereabouts of the aggrieved
party and the person/s responsible for the treat, act
or omission;
3. All relevant information in the possession of the
respondent pertaining to the threat, act or omission
against the aggrieved party; and
4. If the respondent is a public official or employee,
the return shall further state the actions that have
been or will still be taken:
a. To verify the identity of the aggrieved party;
b. To recover and preserve evidence related to
the death or disappearance of the person
identified in the petition which may id in the
prosecution of the person/s responsible;
c. To identify witnesses and obtain statements
from them concerning the death or
disappearance;
d. To determine the cause, manner, location
and time of death or disappearance as well as
any pattern or practice that may have brought
about the death or disappearance;
e. To identify and apprehend the person/s
involved in the death or disappearance; and
f. To bring the suspected offenders before a
competent court.
5. The return shall also state other matters relevant
to the investigation, its resolution and the
prosecution of the case.
A general denial of the allegations in the petition is
not allowed.
F. EFFECTS OF FAILURE TO
RETURN (Sec. 12)
The court shall proceed to hear the case ex parte.
G. OMNIBUS WAIVER RULE
(Sec. 10)
All defenses shall be raised in the return, otherwise,
they are deemed waived.
H. PROCEDURE FOR
HEARING (Sec. 13; Summary Hearing)
The hearing is summary. However, the court may
call for a preliminary conference to simplify the
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

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

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.
No. 08-1-16-SC)
A. SCOPE AND AVAILABILITY
The writ of habeas data provides a judicial remedy
to protect a persons right to control information
regarding oneself, particularly in instances where
such information is being collected through unlawful
means in order to achieve unlawful ends. As an
independent and summary remedy to protect the
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
criminal, civil or administrative culpability. If the
allegations in the petition are proven through
substantial evidence, then the Court may (a) grant
access to the database or information; (b) enjoin the
act complained of; or (c) in case the database or
information contains erroneous data or information,
order its deletion, destruction or rectification.
(Rodriguez v. Arroyo, G.R. No. 191805, November
15, 2011)
Without an actionable entitlement in the first place
to the right to informational privacy, a habeas data
petition will not prosper. The existence of a person’s
right to informational privacy and a showing, at least
by substantial evidence, of an actual or threatened
violation of the right to privacy in life, liberty or
security of the victim are indispensable before the
privilege of the writ may be extended. The writ will
not issue on the basis merely of an alleged
unauthorized access to information about a person.
Availment of the writ requires the existence of a
nexus between the right to privacy on the one hand,
and the right to life, liberty or security on the other.
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
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. It is an independent and summary
remedy designed to protect the image, privacy,
honor, information, and freedom of information of
an individual, and to provide a forum to enforce
one’s right to the truth and to informational privacy.
It seeks to protect a person’s right to control
information regarding oneself, particularly in
instance in which such information is being collected
through unlawful means in order to achieve unlawful
ends. (Vivares v. St. Theresa’s College, G.R. No.
202666, September 29, 2014).
B. WHO MAY FILE (Sec. 2)
It may be filed by any aggrieved party.
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);
or
2. 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
Unlike in amparo, human rights organizations or
institutions are not allowed to file the petition.
C. CONTENTS OF THE
PETITION (Sec. 6)
The verified written petition should contain:
1. Personal circumstances of the petitioner and the
respondent;
2. The manner the right to privacy is
violated/threatened and how it affects the right
to life, liberty, or security of the aggrieved
party;
3. Actions and recourses taken by the petitioner to
secure the data/information
4. Location of the files, registers, 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.
D. CONTENTS OF RETURN (Sec.
10)
1. Lawful defenses such as national security, state
secrets, privileged communications,
confidentiality of the source of information of
media and others;
2. In case of respondent in charge, in possession or
in control of the date or information –
• Disclosure of the data/information about
the petitioner, the nature of such
data/information, and the purpose for its
collection;
• Steps/actions taken by respondent to
ensure the security and confidentiality of
the data/information; and
• Currency and accuracy of the
data/information; and
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