HABEAS CORPUS

Literal interpretation
You have the body (Latin)

TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN
AMPARO
HABEAS DATA
KALIKASAN

Governing Rule
Rule 102
1997
Definition
Writ directed to the person detaining
another, commanding him to produce
the body of the prisoner at a
designated time and place, with the
day and cause of his capture and
detention, to do, submit to, and receive
whatsoever the court or judge
awarding the writ shall consider in that
behalf.
It is a special proceeding

To protect (Spanish)

You have the data (Latin)

It is a Filipino word which means nature

in English

A.M. No. 07-9-12-SC

Sept. 25, 2007

A.M. No. 08-1-16-SC

Feb. 2, 2008

Part III, Rule 7, A.M. No. 09-6-8-SC; 2010

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.

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.

Special 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.

The writ covers extralegal killings

and enforced disappearances or
threats thereof

It is a special proceeding
It is a special proceeding

It is a special civil action

Availability/Coverage
(Sec. 1)
To all cases of illegal confinement or
detention:
1. By which any person is deprived of
his liberty; or

(Sec. 1)
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.

2. By which the rightful custody of any

person is withheld from the person
entitled thereto.

(Sec. 1)
To any person whose right to privacy in
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 engaged in:

Constitutional right to a balanced and

healthful ecology.

1. Gathering
2. Collecting
3. Storing
Of data or information regarding the
person family, home and
correspondence of the aggrieved party.

Rights violated
There is an actual violation of the
right to liberty of and rightful custody
by the aggrieved party.

(Sec. 1)
There is an actual or threatened
violation of the aggrieved partys
right.

(Sec. 1)
There is an actual or threatened
violation of the aggrieved partys right.

There is an actual or threatened violation

of ones right to a healthful and balanced
ecology involving environmental
damage.

Venue/Where to file

Escudero

TABLE OF COMPARISON: WRITS OF HABEAS

If filed with RTC or any judge thereof:
(Sec. 3)
where the detainee is detained
If filed with RTC: the place where
the threat, act or omission was
SB in aid of its appellate jurisdiction;
committed or any of its elements
CA or any member in instances
occurred;
authorized by law; or SC or any
member thereof; MTC in exercise of
SB or any justice thereof only
special jurisdiction; FC in cases of
insofar as respondents are public
custody of minors
officers or employees; CA or any
justice thereof; SC or any justice
thereof.
Contents of the petition
(Sec. 3)
(Sec. 5)
Application for the writ shall be by
The petition shall be signed and
petition signed and verified either by
verified and shall allege the
the party for whose relief it is intended, following:
or by some person on his behalf, and
a. The personal circumstances of
shall set forth:
the petitioner;
(a) That the person in whose behalf the b. The name and personal
application is made is imprisoned or
circumstances of the respondent
restrained on his liberty;
responsible for the threat, act or
(b) The officer or name of the person
omission, or, if the name is
by whom he is so imprisoned or
unknown or uncertain, the
restrained; or, if both are unknown or
respondent may be described by an
uncertain, such officer or person may
assumed appellation;
be described by an assumed
c. The right to life, liberty and
appellation, and the person who is
security of the aggrieved party
served with the writ shall be deemed
violated or threatened with
the person intended;
violation by an unlawful act or
(c) The place where he is so imprisoned omission of the respondent, and
or restrained, if known;
how such threat or violation is
(d) A copy of the commitment or cause
committed with the attendant
of detention of such person, if it can be
circumstances detailed in
procured without impairing the
supporting affidavits;
efficiency of the remedy; or, if the
d. The investigation conducted, if
imprisonment or restraint is without
any, specifying the names, personal
any legal authority, such fact shall
circumstances, and addresses of
appear.
the investigating authority or
individuals, as well as the manner
and conduct of the investigation,
together with any report;
e. 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
f. The relief prayed for.
The petition may include a general
prayer for other just and equitable
reliefs.
Escudero

CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN

(Sec. 3)
In SC or any stations of the CA.
If filed with RTC: where the 1. petitioner
or 2. respondent resides; or that 3.
which has jurisdiction over the place
where the data or information is
gathered, collected or stored, at the
option of the petitioner;
SC, CA or SB when the action concerns
public data files or government offices.
(Sec. 6)
A verified written petition for a writ of
habeas data should contain:
(a) The personal circumstances of the
petitioner and the respondent;
(b) The manner the right to privacy is
violated or threatened and how it
affects the right to life, liberty or
security of the aggrieved
party; chanrobles virtual law library
(c) The actions and recourses taken by
the petitioner to secure the data or
information;
(d) The location of the files, registers or
databases, the government office, and
the person in charge, in possession or in
control of the data or information, if
known;
(e) The reliefs prayed for, which may
include the updating, rectification,
suppression or destruction of the
database or information or files kept by
the respondent.
In case of threats, the relief may include
a prayer for an order enjoining the act
complained of; and
(f) Such other relevant reliefs as are just
and equitable.

(Sec. 2)
The verified petition shall contain the
following:
(a) The personal circumstances of the
petitioner;
(b) The name and personal
circumstances of the respondent or if the
name and personal circumstances are
unknown and uncertain, the respondent
may be described by an assumed
appellation;
(c) The environmental law, rule or
regulation violated or threatened to be
violated, the act or omission complained
of, and the environmental damage of
such magnitude as to prejudice the life,
health or property of inhabitants in two
or more cities or provinces.
(d) All relevant and material evidence
consisting of the affidavits of witnesses,
documentary evidence, scientific or other
expert studies, and if possible, object
evidence;
(e) The certification of petitioner under
oath that: (1) petitioner has not
commenced any action or filed any claim
involving the same issues in any court,
tribunal or quasi-judicial agency, and no
such other action or claim is pending
therein; (2) if there is such other pending
action or claim, a complete statement of
its present status; (3) if petitioner should
learn that the same or similar action or
claim has been filed or is pending,
petitioner shall report to the court that
fact within five (5) days therefrom; and
(f) The reliefs prayed for which may
include a prayer for the issuance of a
TEPO.
2

TABLE OF COMPARISON: WRITS OF HABEAS

Petitioner/Who may file a petition
(Sec. 3)
(Sec. 2)
1. By the party for whose relief it is
GR: By the aggrieved party
intended; or
EXPN: By any qualified
2. By any person on his behalf
person/entity in the following order:
a. Any member of the immediate
family
b. Any ascendant, descendant, or
collateral relative of the aggrieved
party within the 4th civil degree of
consanguinity or affinity
c. Any concerned citizen,
organization, association or
institution

CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN

(Sec. 2)
GR: By the aggrieved party
EXPN: However, in cases of extralegal
killings and enforced disappearances:
a. Any member of the immediate family
b. In default of the former, any
ascendant, descendant, or collateral
relative of the aggrieved party within
the 4th civil degree of consanguinity or
affinity

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.

The filing of the aggrieved party

himself suspends the right to file
petition by other persons
The filing of petition by an
authorized person suspends the
right to file by others down the
order
Respondent
May or may not be an officer.

Extent of Enforceability of the writ

(Sec. 2)
If granted by SC, CA, or SB:
enforceable anywhere In the
Philippines;
If granted by RTC: enforceable only
within the judicial district
When to file
(Sec. 2)
On any day and at any time
Payment of Docket fees
(Sec. 19)
Payment of docket fees is required.
EXPN: indigent petitioner exempt
As to costs:
When a person confined in a criminal
case is discharged, the costs shall be
taxed against the RP
Escudero

(Sec. 1)
Public official or employee or a
private individual or entity.

(Sec. 3)
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, home and correspondence of the
aggrieved party.

Public official or employee, private

individual or entity.

(Sec. 3); (Sec. 4)

Enforceable anywhere in the Philippines regardless of who issued the same

(Sec. 3)
On any day and at any time
(Sec. 4)
Petitioner is exempted from
payment of docket fees and other
lawful fees
Reason: enforcement of these
sacrosanct rights should not be
violated by lack of finances

(Sec. 5)
Payment is required.
EXPN: indigent petitioner exempt from
paying docket and other lawful fees

Petitioner is exempted from payment

This is consistent with the character of
the reliefs under the writ which excludes
damages for personal injury; it also
encourages public participation
3

TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN
When a person in custody by virtue of
a civil case is discharged, the costs
shall be taxed against him, or against
the person who signed the application
for the writ, or both
Setting of hearing
(Sec. 12)
Hearing on return
How writ is served
(Sec. 7)
Service of the writ shall be made by
leaving the original with the person to
whom it is directed and preserving a
copy on which to make return of
service.
If that person cannot be found, or has
not the prisoner in custody then the
service shall be made on any person
having or exercising such custody
Person who makes the return
Officer by whom the prisoner is
imprisoned or the person in whose
custody the prisoner is found
Filing of return/When to file
(Sec. 10)
Signed and shall also be sworn to if the
prisoner is not produced
On the day specified in the writ

Contents of the return

(Sec. 10)
When the person to be produced is
imprisoned or restrained by an officer,
the person who makes the return shall
state therein, and in other cases the
person in whose custody the prisoner is
found shall state, in writing to the court
or judge before whom the writ is
returnable, plainly and unequivocably:
(a) Whether he has or has not the party
in his custody or power, or under
restraint;
(b) If he has the party in his custody or
power, or under restraint, the authority
Escudero

(Sec. 6)
Not later than 7 days from issuance
of writ

(Sec. 7)
Not later than 10 days from date of
issuance of writ

Writ shall be issued immediately

upon filing if the writ on its face
ought to issue

Writ shall be issued immediately upon

filing if the writ on its face ought to
issue

(Sec. 8)
If the writ cannot be served
personally on respondent, the rules
on substituted service shall apply

(Sec. 9)
If the writ cannot be served personally
on respondent, the rules on substituted
service shall apply

Respondent

Respondent

Respondent

(Sec. 9)
Verified written return to be filed
within 5 working days after service
of the writ (which cannot be
extended except on highly
meritorious grounds), the
respondent shall file a verified
written return together with
supporting affidavits.

(Sec. 9)
The respondent shall file a verified
written return together with supporting
affidavits within 5 working days from
service of the writ, (which period may
be reasonably extended by the Court for
justifiable reasons)

Within non- extendible period of 10 days

after the service of writ.

(Sec. 9)
Within seventy-two (72) hours after
service of the writ, the respondent
shall file a verified written return
together with supporting affidavits
which shall, among other things,
contain the following:
a. 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;
b. The steps or actions taken by the

(Sec. 10)
The respondent shall file a verified
written return together with supporting
affidavits within five (5) working days
from service of the writ, which period
may be reasonably extended by the
Court for justifiable reasons. The return
shall, among other things, contain the
following:

(Sec. 8)
Within a non-extendible period of ten
(10) days after service of the writ, the
respondent shall file a verified return
which shall contain all defenses to show
that respondent did not violate or
threaten to violate, or allow the violation
of any environmental law, rule or
regulation or commit any act resulting to
environmental damage of such
magnitude as to prejudice the life, health
or property of inhabitants in two or more
cities or provinces.
All defenses not raised in the return shall

(a) The lawful defenses such as national

security, state secrets, privileged
communications, confidentiality of the

Writ should be issued within 3 days from

the filing of the petition
Served upon the respondent personally;
or substituted service.

TABLE OF COMPARISON: WRITS OF HABEAS

and the true and whole cause thereof,
respondent to determine the fate or
set forth at large, with a copy of the
whereabouts of the aggrieved party
writ, order execution, or other process,
and the person or persons
if any, upon which the party is held;
responsible for the threat, act or
(c) If the party is in his custody or
omission;
power or is restrained by him, and is
c. All relevant information in the
not produced, particularly the nature
possession of the respondent
and gravity of the sickness or infirmity
pertaining to the threat, act or
of such party by reason of which he
omission against the aggrieved
cannot, without danger, be bought
party; and
before the court or judge;
d. If the respondent is a public
(d) If he has had the party in his
official or employee, the return shall
custody or power, or under restraint,
further state the actions that have
and has transferred such custody or
been or will still be taken:
restraint to another, particularly to
i. to verify the identity of the
whom, at what time, for what cause,
aggrieved party;
and by what authority such transfer
ii. to recover and preserve evidence
was made.
related to the death or
disappearance of the person
identified in the petition which may
aid in the prosecution of the person
or persons responsible;
iii. to identify witnesses and obtain
statements from them concerning
the death or disappearance;
iv. 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;
v. to identify and apprehend the
person or persons involved in the
death or disappearance; and
vi. to bring the suspected offenders
before a competent court.

CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN

source of information of media and
be deemed waived.
others;
The return shall include affidavits of
witnesses, documentary evidence,
(b) In case of respondent in charge, in
scientific or other expert studies, and if
possession or in control of the data or
possible, object evidence, in support of
information subject of the petition;
the defense of the respondent.
A general denial of allegations in the
(i) a disclosure of the data or
petition shall be considered as an
information about the petitioner, the
admission thereof.
nature of such data or information, and
the purpose for its collection;
(ii) the steps or actions taken by the
respondent to ensure the security and
confidentiality of the data or
information; and chanrobles virtual law
library
(iii) the currency and accuracy of the
data or information held; and,
(c) Other allegations relevant to the
resolution of the proceeding.
A general denial of the allegations in
the petition shall not be allowed.

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 shall not be allowed.
Return
(Sec. 2)
If granted by the SC or CA: returnable
before the court or any member or
before RTC or any judge thereof;
If granted by RTC: returnable before
such court
Escudero

(Sec. 3)
If issued by RTC: returnable before
such court;

(Sec. 4)
If issued by RTC: returnable before such
court;

If issued by SB or CA or any of their

justices: returnable before such
court or to any RTC of the place

If issued by SB or CA or any of their

justices: returnable before such court or
to any RTC of the place where the

If issued by SC, returnable before such

court or CA; If issued by CA, returnable to
the CA or any of its justices

TABLE OF COMPARISON: WRITS OF HABEAS

where the threat, act or omission
was committed or any of its
elements occurred;
If issued by SC or any of its justices:
returnable before such court, or
before SB, CA, or to any RTC of the
place where the threat, act or
omission was committed or any of
its elements occurred

CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN

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 SC or any of its justices:
returnable before such court, or before
SB, CA, 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

Effect of failure to file return

(Sec. 12)
In case respondent fails to file a
return, the court, justice or judge
shall proceed to hear the petition ex
parte

(Sec. 14)
In case respondent fails to return, the
court, justice or judge shall proceed to
hear the petition ex parte, granting
petitioner such relief as the petition
may warrant

EXPN: unless the court in its discretion

requires petitioner to submit evidence.
Liability of the person to whom the writ is directed if he refuses to make a return
(Sec. 16)
(Sec. 16)
(Sec. 11)
Forfeit to the aggrieved party the sum
Imprisonment or fine for
Imprisonment or fine for committing
of P1000, and may also be punished for committing contempt.
contempt.
contempt.
General denial
Not prohibited.
Not allowed.
Not allowed.
Hearing/When summary
(Sec. 6)
(Sec. 13); (Sec. 15)
Date and time of hearing is specified in
The hearing on the petition shall be summary. However, the court, justice or
the writ.
judge may call for a preliminary conference to simplify the issues and
determine the possibility of obtaining stipulations and admissions from the
Not summary
parties.

Interim Reliefs
(Sec. 12)
1. Unless for good cause shown, the
hearing is adjourned, in which event
the court shall make an order for the
safekeeping of the person imprisoned
or restrained as the nature of the case
requires;
Escudero

(Sec. 10)
In case the respondent fails to file a
return, the court shall proceed to hear
the petition ex parte.

Indirect contempt.

Not allowed.
The hearing including the preliminary
conference shall not extend beyond sixty
(60) days and shall be given the same
priority as petitions for the writs of
habeas corpus, amparo and habeas data.

The hearing shall be from day to day until completed and given the same
priority as petitions for habeas corpus
(Sec. 6)
(Sec. 7)
Summary hearing shall be
Summary hearing shall be conducted
conducted not later than 7 days
not later than 10 working days from the
from the date of issuance of the
date of issuance of the writ
writ.

Not summary. Reason: environmental

damage subject of the writ may involve
issues of a complex character

(Sec. 14)
1. Temporary Protection Order.
2. Inspection Order.
3. Production Order.
4. Witness Protection Order.

(Rule 13)
(Sec. 1)
The provisional remedy of attachment
under Rule 127 of the Rules of Court may
be availed of in environmental cases.

No interim reliefs.

(Sec. 2)
6

TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN
Environmental Protection Order (EPO);
2. The court or judge must be satisfied
Temporary Environmental Protection
that the person's illness is so grave
Order (TEPO) in criminal cases. - The
that he cannot be produced without
procedure for and issuance of EPO and
any danger
TEPO shall be governed by Rule 2 of
these Rules.
Presumption
(Sec. 17)
There is no presumption that official
duty has been regularly performed
Judgment
(Sec. 15)
(Sec. 18)
(Sec. 16)
(Sec. 15)
When the court or judge has examined
The court shall render judgment
Same with writ of amparo with an
Within sixty (60) days from the time the
into the cause of caption and restraint
within ten (10) days from the time
addition that upon finality, the judgment petition is submitted for decision, the
of the prisoner, and is satisfied that he
the petition is submitted for
shall be enforced by the sheriff or any
court shall render judgment granting or
is unlawfully imprisoned or restrained,
decision. If the allegations in the
lawful officers as may be designated by
denying the privilege of the writ of
he shall forthwith order his discharge
petition are proven by substantial
the court, justice or judge within 5
kalikasan.
from confinement, but such discharge
evidence, the court shall grant the
working days.
The reliefs that may be granted under
shall not be effective until a copy of the privilege of the writ and such reliefs
the writ are the following:
order has been served on the officer or
as may be proper and appropriate;
(a) Directing respondent to permanently
person detaining the prisoner. If the
otherwise, the privilege shall be
cease and desist from committing acts or
officer or person detaining the prisoner
denied.
neglecting the performance of a duty in
does not desire to appeal, the prisoner
violation of environmental laws resulting
shall be forthwith released.
No enforcement within 5 days
in environmental destruction or damage;
unlike in writ of habeas data
(b) Directing the respondent public
official, government agency, private
person or entity to protect, preserve,
rehabilitate or restore the environment;
(c) Directing the respondent public
official, government agency, private
person or entity to monitor strict
compliance with the decision and orders
of the court;
(d) Directing the respondent public
official, government agency, or private
person or entity to make periodic reports
on the execution of the final judgment;
and
(e) Such other reliefs which relate to the
right of the people to a balanced and
healthful ecology or to the protection,
preservation, rehabilitation or restoration
of the
environment, except the award of
damages to individual petitioners.
Appeal/Period of appeal
Sec. 15 in relation to Sec. 3 Rule 41
(Sec. 19); (Sec. 19)
Rule 45
and Sec. 39 of BP 129:
Rule 45 by petition for review on certiorari with peculiar features:
Within fifteen (15) days from the date of
Within 48 hours from notice of the
1. Appeal may raise questions of fact or law or both;
notice of the adverse judgment or denial
judgment or final order appealed from.
2. Period of appeal shall be 5 working days from the date of notice of the
of motion for reconsideration.
Appeal is filed to the SC under Rule 45
adverse judgment;
Escudero

TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN
3. Same priority as habeas corpus cases
Institution of separate actions
(Sec. 21); (Sec. 20); (Sec. 17)
This Rule shall not preclude the filing of separate criminal, civil or administrative actions.
Reason: they are different actions with different objectives
Effect of filing criminal action
(Sec. 2); (Sec. 21)
When a criminal action has been commenced, no separate petition for the writ
shall be filed. The reliefs under the writ shall be available by motion in the
criminal case.
Consolidation
(Sec. 23); (Sec. 22)
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.
When a criminal action and a separate civil action are filed subsequent to a
petition for issuance of the writ, the latter shall be consolidated with the
criminal action.
Quantum of proof
Quantum of proof is clear and
convincing evidence

(Sec. 17)
Quantum of proof is substantial
evidence

(Sec. 16)
Quantum of proof is substantial
evidence

Archiving and revival of cases

(Sec. 20)
If the petition cannot proceed for a
valid cause, it shall not be
dismissed by the court, but it must
be archived
After 2 years from notice of
archiving, it shall be dismissed with
prejudice upon failure to prosecute
Suppletory application of ROC
(Sec. 25); (Sec. 24)
The ROC shall apply suppletorily
Prohibited pleadings and motions
None

Escudero

(Sec. 11); (Sec. 13)

1. Motion to dismiss;
2. Motion for extension of time to file opposition, affidavit, position paper and
other pleadings;
3. Dilatory motion for postponement;
4. Motion for a bill of particulars;
5. Counterclaim or cross - claim;
6. Third - party complaint;
7. Reply;
8. Motion to declare respondent in default;
9. Intervention;
10. Memorandum;

1. Motion to dismiss;
2. Motion for extension of time to file
return;
3. Motion for postponement;
4. Motion for a bill of particulars;
5. Counterclaim or cross-claim;
6. Third-party complaint;
7. Reply; and
8. Motion to declare respondent in
default.
Motion for intervention is allowed.
8

TABLE OF COMPARISON: WRITS OF HABEAS CORPUS, AMPARO, HABEAS DATA, AND KALIKASAN
11. Motion for reconsideration of interlocutory orders or interim relief orders;
Reason: public participation
and
12. Petition for certiorari, mandamus or prohibition against any interlocutory
order.

Escudero