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- Writ of habeas corpus is a writ which has been esteemed to
the best and only sufficient defense of personal freedom
having for its object the speedy release by judicial decree of
persons who are illegally restrained of their liberty, or illegally
detained from the control of those who are entitled to their
custody (Ballentines Law Dictionary, 2nd Edition; Nava vs.
Gatmaitan, 90 Phil. 172).
Rule 102
- The writ of habeas corpus shall extend to all cases of illegal
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. The function of the
special proceeding of habeas corpus is to inquire into the
legality of ones detention.
In all petitions for habeas corpus, the court must inquire into
every phase and aspect of the petitioners detention from the
moment petitioner was taken into custody up to the moment
the court passes upon the merits of the petition and only after
such scrutiny can the court satisfy itself that the due process
clause of the Constitution has been satisfied. However, once
the person detained is duly charged in court, he may no longer
question his detention by a petition for the issuance of a writ
of habeas corpus.
However, once the person detained is duly charged in court, he
may no longer question his detention by a petition for the
issuance of a writ of habeas corpus. His remedy then is the
quashal of the information and/or the warrant of arrest duly
issued. The reason for the issuance of the writ even becomes
more unavailing when the person detained files a bond for his
temporary release (Sec. 1; Bernarte vs. CA, 75 SCAD 400
[Oct. 18, 1996]).
Habeas corpus may not be used as a means of obtaining
evidence on the whereabouts of a person, or as a means of
finding out who has specifically abducted or caused the
disappearance of a certain person (Martinez vs. Dir. Gen.
Mendoza, GR 153795, Aug. 17, 2006).
The writs of habeas corpus and certiorari may be ancillary to
each other where necessary to give effect to the supervisory
powers of the higher courts. A writ of habeas corpus reaches
the body and the jurisdictional matters, but not the record. A
writ of certiorari reaches the record but not the body. Hence, a
writ of habeas corpus may be used with the writ
of certiorari for the purpose of review (Galvez vs. CA, 237
SCRA 685).
The general rule is that the release, whether
permanent or temporary, of a detained person renders
the petition for habeas corpus moot and academic,
unless there are restraints attached to his release
which precludes freedom of action, in which case the
Court can still inquire into the nature of his
involuntary restraint. Petitioners temporary release
does not render the petition for writ moot and
academic (Villavicencio vs. Lukban, 39 Phil. 778).
Some instances when the writ may issue:
(a) To inquire into the legality of an order of confinement
by a court martial (Ogvir vs. Dir. of Prisons, 80 Phil. 401);
(b) To test the legality of an aliens confinement and
proposed expulsion from the Philippines (Lao Tang Bun vs.
Fabre, 81 Phil. 682);
(c) To enable parents to regain custody of a minor child,
even if the latter be in the custody of a third person of her own
free will (Salvaa vs. Gaela, 55 Phil. 680);
(d) To obtain freedom for an accused confined for failure to
post bail where the prosecuting officer unreasonably delays
trial by continued postponement (Conde vs. Rivera, 45 Phil.
650);
(e) To give retroactive effect to a penal provision favorable
to the accused when the trial judge has lost jurisdiction by
virtue of the finality of the judgment of conviction (Rodriguez
vs. Dir. of Prisons, 57 Phil. 133);
(f) To determine the constitutionality of a statute (People
vs. Vera, 65 Phil. 66);
(g) To permit an alien to land in the Philippines (The Huan
vs. Collector of Customs, 54 Phil. 129);
(h) To put an end to an immoral situation, as when a minor
girl, although preferring to stay with her employer, maintains
illicit relationship with him (Macazo vs. Nuez, L-12772, Jan.
24, 1956);
(i) When a bond given by an accused entitled thereto is not
admitted or excessive bail is required of him (In re Dick, 38
Phil. 41);
(j) To determine the legality of an extradition (US vs.
Rauscher, 119 US 407);
(k) To determine the legality of the action of a legislative
body in punishing a citizen for contempt (Lopez vs. Delos
Reyes, 55 Phil. 170);
(l) To obtain freedom after serving minimum sentence
when the penalty under an old law has been reduced by an
amendatory law.
Contents of the petition
(1) Application for the writ shall be by petition signed and
verified either by the party for whose relief it is intended, or
by some person on his behalf, and shall set forth:
(a) That the person in whose behalf application is made is
imprisoned or restrained of his liberty;
(b) The officer or name of the person by whom he is so
imprisoned or restrained; or, if both are 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;
(c) The place where he is so imprisoned or restrained, if
known;
(d) A copy of the commitment or cause of detention of such
person, if it can be procured without impairing the efficiency
of the remedy; or, if the imprisonment or restraint is without
any legal authority, such fact shall appear (Sec. 3).

Contents of the Return
(1) 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 and the true and whole cause thereof,
set forth at large, with a copy of the writ, order, execution, or
other process, if any, upon which the party is held;
(c) If the party is in his custody or power or is restrained by
him, and is not produced, particularly the nature and gravity of
the sickness or infirmity of such party by reason of which he
cannot, without danger, be brought before the court or judge;
(d) If he has had the party in his custody or power, or under
restraint, and has transferred such custody or restraint to
another, particularly to whom, at what time, for what cause,
and by what authority such transfer was made (Sec. 10).
Preemptory writ
Unconditionally commands the respondent to have the body of
the detained person before the court at a time and place therein
specified;
Preliminary citation
Requires the respondent to appear and show cause why the
peremptory writ should not be granted
When not proper/applicable
(1) Instances when the writ of habeas corpus is not proper
are:
(a)For asserting or vindicating denial of right to bail
(b) For correcting errors in appreciation of facts or
appreciation of law where the trial court had no jurisdiction
over the cause, over the person of the accused, and to impose
the penalty provided for by law, the mistake committed by the
trial court, in the appreciation of the facts and/or in the
appreciation of the law cannot be corrected by habeas corpus
(c) Once a person detained is duly charged in court, he may
no longer file a petition for habeas corpus. His remedy would
be to quash the information or warrant
When writ disallowed/discharged
(1) If it appears that the person alleged to be restrained of
his liberty is in the custody of an officer under process issued
by a court or judge or by virtue of a judgment or order of a
court of record, and that the court or judge had jurisdiction to
issue the process, render the judgment, or make the order, the
writ shall not be allowed; or if the jurisdiction appears after
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the writ is allowed, the person shall not be discharged by
reason of any informality or defect in the process, judgment,
or order.
Nor shall anything in this rule be held to authorize the
discharge of a person charged with or convicted of an offense
in the Philippines, or of a person suffering imprisonment under
lawful judgment (Sec. 4).
RULE ON CUSTODY OF MINORS & WRIT OF
HABEAS CORPUS IN RELATION TO CUSTODY OF
MINORS
(1) The Family Court has exclusive original jurisdiction to
hear petitions for custody of minors and the issuance of the
writ of habeas corpus in relation to custody of minors. The
Court is tasked with the duty of promulgating special rules or
procedure for the disposition of family cases with the best
interests of the minor as primary consideration, taking into
account the United Nations Convention on the Rights of the
Child. It should be clarified that the writ is issued by the
Family Court only in relation to custody of minors.
-An ordinary petition for habeas corpus should be filed in the
regular Court. The issue of child custody may be tackled by
the Family Court without need of a separate petition for
custody being filed.
-An ordinary petition for habeas corpus should be filed in the
regular Court. The issue of child custody may be tackled by
the Family Court without need of a separate petition for
custody being filed.
-The Committee chose the phrase any person claiming
custody as it is broad enough to cover the following: (a) the
unlawful deprivation of the custody of a minor; or (b) which
parent shall have the care and custody of a minor, when such
parent is in the midst of nullity, annulment or legal separation
proceedings (Sec. 2).
) The hearings on custody of minors may, at the discretion
of the court, be closed to the public and the records of the case
shall not be released to non-parties without its approval (Sec.
21).
(4) A motion to dismiss the petition is not allowed except on
the ground of lack of jurisdiction over the subject matter or
over the parties. Any other ground that might warrant the
dismissal of the petition shall be raised as an affirmative
defense in the answer (Sec. 6).
Hold Departure Order The minor child subject of the
petition shall not be brought out of the country without prior
order from the court while the petition is pending. The
court motu propio or upon application under oath may issue ex
parte a hold departure order addressed to the BID of the DOJ a
copy of the hold departure order within 24 hours from its
issuance and through the fastest available means of
transmittal (Sec.16).

Coverage; Distinguish from habeas corpus and habeas data;
Who may file; Contents of return; Effects of failure to file
return; Procedure for hearing; Institution of separate action;
Effect of filing of a criminal action; Consolidation; Interim
reliefs available to petitioner and respondent; Quantum of
proof in application for issuance of writ of Amparo .,see table
WRIT OF AMPARO (AM No. 07-9-12-SC)
This new remedy achieves its purpose through the four
(4) interim reliefs provided therein, namely: temporary
protection order, inspection order, production
order and witness protection order. With no docket fee
required to be paid, a petition may be filed before the RTC,
Sandiganbayan, CA or SC, which shall be acted upon
immediately; the respondents directed to file a return; and a
summary hearing conducted within seven (7) days from
issuance of the writ. The parties shall establish their claims
by substantial evidence.
While a respondent private individual or entity is required
only to prove ordinary diligence under applicable laws, rules
and regulations, respondent public official or employee must
prove
extraordinary diligence in the performance of duty. More
important still, the latter cannot invoke the presumption that
official duty has been regularly performed to evade
responsibility or liability. The court is mandated to render
judgment within ten (10) days from the time the decision is
submitted for decision, and appeal to the SC under Rule 45
may raise questions of fact or law or both.
As can be gleaned from its provisions, speedy and
inexpensive procedure is demanded by the urgent and serious
nature of violations intended to be addressed by the Rule on
Amparo, that is, the right to life, liberty and security. But
being a prerogative writ, resort to amparo does not preclude
the filing of separate criminal, civil or administrative actions.
Refusal to issue or serve the writ is punishable by contempt
without prejudice to other disciplinary actions. Such penalty
and priority given to petitions for amparo further underscore
the extraordinary character of the remedy, the constitutional
rights involved being of the highest order.
"Amparo" which originated in the political experience of Latin
American countries, is derived from "amparar" which means
"to protect." As envisioned by our own Supreme Court, the
writ of amparo can be availed of "as protective tool and
remedy for the greater protection of the constitutional rights of
the victims". Human rights groups welcomed the advent
of amparo which they perceived as "additional deterrence" to
abuses committed by the military and police.
WRIT OF AMPARO: A View from the Bench By J. Martin S.
Villarama, Jr.
Instances when petition be heard in chambers
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(1) A hearing in chambers may be conducted where the
respondent invokes the defense that the release of the data or
information in question shall compromise national security or
state secrets, or when the data or information cannot be
divulged to the public due to its nature or privileged
character (Sec. 12).
Who may file a petition for the issuance of a writ of habeas
data?
The petition may be filed by the aggrieved party. However, in
cases of extralegal killings and enforced disappearances, the
petition may be filed by: (a) Any member of the immediate
family of the aggrieved party, namely: the spouse, children
and parents; or (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.
Where can the petition be filed?
a. 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.
b. Supreme Court;
c. Court of Appeals; or
d. Sandiganbayan, when the action concerns public data files
of government offices.
How much is the docket or filing fees for the petition?
No docket and other lawful fees shall be required from an
indigent petitioner. The petition of the indigent shall be
docketed and acted upon immediately, without prejudice to
subsequent submission of proof of indigency not later than 15
days from the filing of the petition.
When is the writ of habeas data issued?
Upon the filing of the petition, the court, justice or judge shall
immediately order the issuance of the writ if on its face it
ought to issue. The clerk of court shall issue the writ under the
seal of the court and cause it to be served within three (3) days
from its issuance; or, in case of urgent necessity, the justice or
judge may issue the writ under his or her own hand, and may
deputize any officer or person to serve it. The writ shall also
set the date and time for summary hearing of the petition
which shall not be later than ten (10) work days from the date
of its issuance.
Is there any penalty in case of refusal to issue or serve the
writ?
Yes. A clerk of court who refuses to issue the writ after its
allowance, or a deputized person who refuses to serve the
same, shall be punished by the court, justice or judge for
contempt without prejudice to other disciplinary actions.
How is the writ of habeas data served?
The writ shall be served upon the respondent by the officer or
person deputized by the court, justice or judge who shall retain
a copy on which to make a return of service. In case the writ

cannot be served personally on the respondent, the rules on
substituted service shall apply.
After the writ is served, what should the respondent do?
The respondent shall file a verified written return together
with supporting affidavits within five (5) work days from
service of the writ, which period may be reasonably extended
by the Court for justifiable reasons.
What is the nature of the hearing on the petition?
The hearing on the petition shall be summary. However, the
court, justice or judge may call for a preliminary conference to
simplify the issues and determine the possibility of obtaining
stipulations and admissions from the parties.
How long does the court have in deciding the petition?
The court shall render judgment within ten (10) days from the
time the petition is submitted for decision. If the allegations in
the petition are proven by substantial evidence, the court shall
enjoin the act complained of, or order the deletion,
destruction, or rectification of the erroneous data or
information and grant other relevant reliefs as may be just and
equitable; otherwise, the privilege of the writ shall be denied.
What happens after the finality of the judgment?
Upon its finality, the judgment shall be enforced by the sheriff
or any lawful officer as may be designated by the court, justice
or judge within five (5) work days.
The officer who executed the final judgment shall, within
three (3) days from its enforcement, make a verified return to
the court. The return shall contain a full statement of the
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proceedings under the writ and a complete inventory of the
database or information, or documents and articles inspected,
updated, rectified, or deleted, with copies served on the
petitioner and the respondent.
What happens after the finality of the judgment?
The officer shall state in the return how the judgment was
enforced and complied with by the respondent, as well as all
objections of the parties regarding the manner and regularity
of the service of the writ.
The court shall set the return for hearing with due notice to the
parties and act accordingly.
Does the filing of the petition preclude the filing of
separate criminal, civil or administrative actions?
No. However, when a criminal action has been commenced,
no separate petition for the writ shall be filed, but the reliefs
under the writ shall be available by motion in the criminal
case, and the procedure under this Rule shall govern the
disposition of the reliefs available under the writ of habeas
data.
Does the filing of the petition preclude the filing of
separate criminal, civil or administrative actions?
When a criminal action and a separate civil action are filed
subsequent to a petition for a writ of habeas data, the petition
shall be consolidated with the criminal action. After
consolidation, the procedure under this Rule shall continue to
govern the disposition of the reliefs in the petition.