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WRIT OF HABEAS CORPUS

Writ of Habeas Corpus Amparo Habeas Data


Definition It is a writ directed to It is a remedy It is a remedy
the person detaining available to any available to any
another, commanding person whose right to person whose right to
him to produce the life, liberty, and privacy in life, liberty
body of the prisoner security has been or security is violated
at a designated time violated or is or threatened by an
and place, with the threatened with unlawful act or
day and cause of his violation by an omission of a public
capture and unlawful act or official or employee,
detention, to do, omission of a public or of a private
submit to, and receive official or employee, individual or entity
whatsoever the court or of a private engaged in the
or judge awarding the individual or entity. gathering, collecting
writ shall consider in or storing of data or
that behalf. information regarding
the person, family,
home, and
correspondence of the
aggrieved party.
Writ of Corpus Amparo Data

Petitioner By the party for By the aggrieved Gen Rule: Aggrieved


whose relief it is party, or by any party
intended, or by some qualified person or Exception: in cases
other person in his entity in the order of extralegal killings
behalf. provided in Section 2 and enforced
disappearance
1. Immediate family;
2. Ascendant,
descendant or
collateral relative
w/in the 4th civil
degree of
consanguinity or
affinity.
Writ of Corpus Amparo Data

Venue Where the plaintiff SC, CA and SB: SC, CA and SB:
resides or where the Manila; RTC of the Manila; RTC
defendant resides, place where the 1. Where the
or in the case of threat, act or petitioner
non-resident omission was resides;
defendant, where he committed or any of 2. Where the
may be found, at tits elements respondent
the election of the occurred. resides;
plaintiff. 3. Which has
jurisdiction over
the place where
the data or
information is
gathered.
Writ of Corpus Amparo Data
Remedy for To all cases of illegal To any person whose To any person whose
confinement or right to life, liberty, right to privacy in
detention: and security is life, liberty and
1. By which any violated or security is violated
person is threatened with or threatened with
deprived of his violation by an violation by an
liberty; or unlawful act or unlawful act or
2. By which the omission of a public omission of a public
rightful custody official or employee, official or employee,
of any person is or of a private or of a private
withheld from the individual or entity. individual or entity
person entitled engage in:
thereto. 1. Gathering
2. Collecting
3. Storing of data or
information
regarding the
person family,
home, and
correspondence
of the aggrieved
party
Writ of Corpus Amparo Data

Prohibited Pleadings Section 11 Section 13


and Motions 1. Motion to: SAME with amparo
a. Dismiss
b. Extension to file
return, opposition,
affidavits, position
paper
c. Bill of particulars
d. Declare
respondent in
default
e. Reconsideration
2. Petition for:
f. Certiorari
g. Mandamus
h. Prohibition against
interlocutory order
3. Counterclaim or
cross-claim, reply,
third party complaint,
intervention
Writ of Corpus Amparo Data
Judgmen Section 15 Section 18 Section 16
t When the court has The court shall render Same with Amparo with
examined into the cause of judgment w/in 10 days from an addition that upon
caption and restraint of the the time the petition is finality, the judgment
prisoner, and is satisfied submitted for decision. shall be enforced by the
that he is unlawfully If the allegations in the sheriff or ant lawful
imprisoned or restrained, petition are proven by officers as may be
he shall forthwith order his substantial evidence, the designated by the court,
discharge, but such court shall grant the justice or judge w/in 5
discharge shall not be privilege of the writ and such working days.
effective until a copy of the reliefs as may be proper and
order has been served on appropriate; otherwise, the
the officer or person privilege shall be denied.
detaining the prisoner.
Writ of Corpus Amparo Data
Appeal Section 15 Section 19 Same with Apmparo
In relation to Section 3 of Rule 45 by petition for
rule 41 and Section 39 of review on certiorari peculiar
B.P. Bld. 129 48 hours from features:
notice of judgment 1. Appeal may raise
appealed from by ordinary questions of fact or law or
appeal both;
2. Period of appeal shall be
5 working days from the
date of notice of adverse
judgment.
Writ of Corpus Amparo Data