Bar Exam Questions on Special Writs

2009 Bar Examination

(Remedial Law)
XIX
2. What is the writ of amparo? How is it distinguished from the writ of habeas corpus? (2%)
3. What is the writ of habeas data? (1%)
Answer to XIX, No. 2
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.
Answer to XIX, No. 3

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.
2011 Bar Examination
(Remedial Law)

44. What is the right correlation between a criminal action and a petition for Writ of Amparo
both arising from the same set of facts?
A. When the criminal action is filed after the Amparo petition, the latter shall be dismissed.
B. The proceeding in an Amparo petition is criminal in nature.
C. No separate criminal action may be instituted after an Amparo petition is filed.
D. When the criminal action is filed after the Amparo petition, the latter shall be consolidated
with the first.
45. Alex filed a petition for writ of amparo against Melba relative to his daughter Toni's
involuntary disappearance. Alex said that Melba was Toni's employer, who, days before Toni
disappeared, threatened to get rid of her at all costs. On the other hand, Melba countered
that she had nothing to do with Tonis disappearance and that she took steps to ascertain
Toni's whereabouts. What is the quantum of evidence required to establish the parties'
respective claims?
A. For Alex, probable cause; for Melba, substantial evidence.
B. For Alex, preponderance of evidence; for Melba, substantial evidence.
C. For Alex, proof beyond reasonable doubt; for Melba, ordinary diligence.
D. For both, substantial evidence.
54. Dorothy filed a petition for writ of habeas corpus against her husband, Roy, to get from
him custody of their 5 year old son, Jeff. The court granted the petition and required Roy to
turn over Jeff to his mother. Roy sought reconsideration but the court denied it. He filed a
notice of appeal five days from receipt of the order denying his motion for reconsideration.
Did he file a timely notice of appeal?
A. No, since he filed it more than 2 days after receipt of the decision granting the petition.
B. No, since he filed it more than 2 days after receipt of the order denying his motion for
reconsideration.

C. Yes, since he filed it within 15 days from receipt of the denial of his motion for
reconsideration.
D. Yes, since he filed it within 7 days from receipt of the denial of his motion for
reconsideration.
2012 Bar Examination (Remedial Law)
MCQ
2. Under the Rules on the Writ of Amparo, interim relief orders may be issued by the
Court except:
a) production order;
b) witness protection order;
c) hold departure order;
d) temporary protection order
7. A wants to file a Petition for Writ of Habeas Data against the AFP in connection with
threats to his life allegedly made by AFP intelligence officers. A needs copies of AFP highly
classified intelligence reports collected by Sgt. Santos who is from AFP. A can file his petition
with:
a) RTC where AFP is located;
b) RTC where Sgt. Santos resides;
c) Supreme Court;
d) Court of Appeals.
Answer

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.
The petition may also be filed with the Supreme Court or the Court of Appeals or the
Sandiganbayan when the action concerns public data files of government offices.

85. Sandiganbayan exercises concurrent jurisdiction with the Supreme Court and the Court
of Appeals over:
a) Petitions for Writ of Certiorari and Prohibition;
b) Petitions for Writ of Habeas Corpus;
c) Petitions for Quo Warranto;
d) Petitions for Writ of Amparo and Habeas Corpus.
2012 Bar Examination
(Remedial Law)
Essay
II. b. What do you understand about the "precautionary principle under the Rules of
Procedure for Environmental Cases? (5/o)
Answer
Section 1. Applicability. - When there is a lack of full scientific certainty in establishing a
causal link between human activity and environmental effect, the court shall apply the
precautionary principle in resolving the case before it.

X
a) Where and how will you appeal the following:
(1) xxxx
(2) Judgment of RTC denying a petition for Writ of Amparo. (1 %)
(3) xxxx
(4) xxxx

SEC. 19. Appeal. Any party may appeal from the final judgment or order to the
Supreme Court under Rule 45. The appeal may raise questions of fact or law or both.
The period of appeal shall be five (5) working days from the date of notice
of the adverse judgment. xxxxx