Professional Documents
Culture Documents
Section 1. Habeas Data. - 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.
Sec. 2. Who May File. - Any aggrieved party may file a petition for the writ of habeas data. However, in cases of
extralegal killings and enforced disappearances, the petition may be filed by: chanrobles virtual law library
(a) Any member of the immediate family of the aggrieved party, namely: the spouse, children and parents; or chanrobles
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(b) 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 chanrobles virtual law library
Sec. 3. Where to File. - The petition may be filed with the Regional Trial Court 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. (A. M. No. 08-1-16-SC - THE RULE ON THE WRIT OF HABEAS DATA)
Writ of Amparo
Section 1. Petition. - The petition for a writ of amparo is a 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.
The writ shall cover extralegal killings and enforced disappearances or threats thereof.
Sec. 2. Who May File. - The petition may be filed by the aggrieved party or by any qualified person or entity in the
following order:
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.
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.
Sec. 3. Where to File. - The petition may be filed on any day and at any time with the Regional Trial Court of the place
where the threat, act or omission was committed or any of its elements occurred, or with the Sandiganbayan, the Court
of Appeals, the Supreme Court, or any justice of such courts. The writ shall be enforceable anywhere in the Philippines.
(A.M. No. 07-9-12-SC - THE RULE ON THE WRIT OF AMPARO)
Writ of Kalikasan A.M. No. 09-6-8-SC: April 13, 2010 RULES OF PROCEDURE FOR ENVIRONMENTAL
CASES
Section 1.cra law Nature of the writ. - The writ is a remedy available to a natural or juridical person, entity authorized
by law, peoples organization, non-governmental organization, or any public interest group accredited by or registered
with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is
violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private
individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of
inhabitants in two or more cities or provinces.
Section 2.cra law Contents of the petition. - The verified petition shall contain the following: