SPECIAL WRITS
Habeas Corpus Amparo
(Rule 102, Rules of Court)
Definition You have the body (Latin)
Involves the right to liberty
Shall extend to all cases of illegal confinement
Essence 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. (R102, S1)
To direct the person detaining another to
Office of the
produce the body of the person being
Remedy
detained and to show the cause of detention
It is a writ directed to another person
detaining another, commanding him to
produce the body of the prisoner at a
disegnated time and place, with the day and
Availability
cause of his caption and detention, to do,
submit to, and receive whatever the court/
judge awarding the writ shall consider in that
behalf.
Habeas Data
(A.M. No. 07-9-12-SC)
Amparer, to protect (Spanish)
Involves the right to life, liberty, and
security.
It covers extrajudicial killings and enforced
disappearances or threats thereof.
To direct the public officers involved to
conduct an investigation as to the
whereabouts and legality of the detention of a
missing person
It 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.
(S1)
(A. M. No. 08-1-16-SC)
You have the data
Involves the right privacy in life, liberty,
and security
To order the disclosure or destruction of data
relating to the right to life, liberty, and
security of a person
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. (S1)
Kalikasan
Involves the right to a balanced and
healthful ecology involving environmental
damage of such magnitude as to prejudice the
life, health or property of inhabitants in two
or more cities or provinces
To order the protection of the constitutional
right to a balanced and healthful ecology and
restrain further acts that cause
environmental damage of such magnitude as
to prejudice the life, health or property of
inhabitants in two or more cities or
provinces.
It is a special remedy available to a natural or
juridical person, entity authorized by law,
peoples organization, NGOs, 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. (R7, S1)
 A violation or threatened violation of the
right to privacy in life, liberty, or security by
an unlawful act or omission of: A violation or threatened violation of the
A violation or a threatened violation by an 1. a public official; right to a balanced and healthful ecology by
1. deprivation of liberty unlawful act or omission of: 2. a public employee; an unlawful act or omission of:
Availability
2. withholding the rightful custody of 1. a public official 3. a private individual or entity 1. a public official;
against engaged in the gathering, collecting
any person 2. a public employee 2. public employee, and/or
3. a private individual or entity or storing of data or information 3. private individual or entity
regarding the person, family, home (R7, S1)
and correspondence of the
aggrieved party.

1. gathering,
1. all cases of illegal confinement or 2. collecting or
detention by which any person is 3. storing of data or information Environmental damage of such magnitude as
deprived of his liberty 1. cover extralegal killings and Regarding the to prejudice the life, health or property of
Coverage
2. the rightful custody of any person 2. enforced disappearances 1. person, inhabitants in two or more cities or
is withheld from the person 2. family, provinces. (R7, S1)
entitled thereto 3. home
4. correspondence
The aggrieved party or by any qualified
GR: Aggrieved party may file a petition EXPN:
person or entity in the following order:
In cases of extralegal killings and enforced
a. Any member of the immediate
disappearances, the petition may be filed by:
family, namely: the spouse, children
a. Any member of the immediate family of the a. natural or juridical person,
and parents of the aggrieved party;
aggrieved party, namely: the spouse, children b. entity authorized by law,
b. Any ascendant, descendant or
and parents; or c. peoples organization, non-governmental
collateral relative of the aggrieved
1. The party for whose relief it is b. Any ascendant, descendant or collateral organization, or any public interest group
party within the fourth civil degree
Who may file intended, or relative of the aggrieved party within the accredited by or registered with any
of consanguinity or affinity, in
2. Any person on his behalf (R102, S3) fourth civil degree of consanguinity or government agency, on behalf of persons
default of those mentioned in the
affinity, in default of those mentioned in the whose constitutional right to a balanced and
preceding paragraph; or
preceding paragraph; or healthful ecology is violated, or threatened
c. Any concerned citizen, organization,
c. Any concerned citizen, organization, with violation (R7, S1)
association or institution, if there is
association or institution, if there is no known
no known member of the immediate
member of the immediate family or relative of
family or relative of the aggrieved
the aggrieved party (S2)
party. (S2)
Public official or employee or a private
Public official or employee or a private individual entity, engaged in the GCS of data Public official or employee or a private
Respondent May or may not be an officer
individual entity or information regarding the PFHC of the individual entity
aggrieved party
Venue 1. RTC where the person is detained 1. Regional Trial Court of the place 1. RTC where the petitioner or 1. SC
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 respondent resides, or that which
has jurisdiction over the place
where the threat, act or omission was where the data or information is
2. Sandiganbayan (in its appellate committed or any of its elements gathered, collected or stored, at the
capacity) occurred, option of the petitioner.
3. CA 2. Sandiganbayan or 2. CA
4. SC 3. CA 2. Sandiganbayan
5. or any justice of the 3 preceding 4. SC 3. CA
courts 5. or any justice of the 3 preceding 4. SC
courts (S3) when the action concerns public data files of
government offices. (S3)
If issued by the S/ CA/ SC: anywhere in the
Philippines The writ shall be enforceable anywhere in the The writ shall be enforceable anywhere in the The writ shall be enforceable anywhere in the
Enforceability
If issued by the RTC: within the jurisdictional Philippines. (S3) Philippines. (S4) Philippines.
area/ judicial district
When issued by the RTC or judge thereof:
When issued by a RTC or any judge thereof: before such court or judge
before such court or judge. When issued by the S/ CA, or any of its
When issued by the S/ CA or any of their justices: before such court or any justice
justices: before such court or any justice thereof, or to any RTC of the place where the
petitioner or respondent resides, or that
thereof, or to any RTC of the place where the
When issued by the RTC or judge thereof: which has jurisdiction over the place where
threat, act or omission was committed or any the data or information is gathered, collected
Where before such court or judge
of its elements occurred. or stored. ---
returned When issued by the S/ CA/ SC, or any of its
When issued by the SC or any of its justices: When issued by the SC or any of its justices:
justices: before such court of justice thereof
before such Court or any justice thereof, or before such Court or any justice thereof, or
before the S/ CA or any of their justices, or to before the CA/ S or any of its justices, or to
any RTC of the place where the petitioner or
any RTC of the place where the threat, act or
respondent resides, or that which has
omission was committed or any of its jurisdiction over the place where the data or
elements occurred. (S3) information is gathered, collected or stored.
(S4)
On any day at any time Payment is required. Rule on indigent
On any day at any time (R102, S2)
When to The petitioner shall be exempted from the petitioner applies The petitioner shall be exempt from the
Payment is required. Rule on indigent
file/Docket fees payment of the docket and other lawful fees Only indigent petitioner is exempt from payment of docket fees. (R7, S4)
petitioner applies
(S4) docket and lawful fees.
Contents of (a) That the person in whose behalf the (a) The personal circumstances of the (a) The personal circumstances of the (a) The personal circumstances of the
Petition application is made is imprisoned or petitioner; petitioner and the respondent; petitioner;
restrained on his liberty; (b) The name and personal circumstances of (b) The manner the right to privacy is (b) The name and personal circumstances of
the respondent responsible for the threat, act
(b) The officer or name of the person by violated or threatened and how it affects the the respondent or if the name and personal
or omission, or, if the name is unknown or
whom he is so imprisoned or restrained; or, if uncertain, the respondent may be described right to life, liberty or security of the circumstances are unknown and uncertain,
both are unknown or uncertain, such officer by an assumed appellation; aggrieved party; the respondent may be described by an
or person may be described by an assumed (c) The actions and recourses taken by the assumed appellation;
BinibiningZ |3C Page 3

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. (R102, S3)
*must be signed and verified
Issuance of the it appears that the writ ought to issue:
Writ the clerk of the court shall issue the writ
under the seal of the court; or
in case of emergency, the judge may issue the
writ under his own hand, and may depute any
officer or person to serve it. (R102, S5)
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(c) The right to life, liberty and security of the
aggrieved party violated or threatened with
violation by an unlawful act or omission of
the respondent, and how such threat or
violation is committed with the attendant
circumstances detailed in supporting
affidavits;
(d) The investigation conducted, if any,
specifying the names, personal
circumstances, and addresses of 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.
*must be signed and verified (S5)
if on its face it ought to issue
the clerk of the court shall issue the writ
under the seal of the court; or
in case of emergency, the justice or the judge
may issue the writ under his own hand, and
may depute any officer or person to serve it
(S6)
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.
*shall be in writing and must be verified (S6)
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 the 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
serve it. (S7)
(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.
*must be verified (R7, S2)
Within three (3) days from the date of filing
of the petition, if the petition is sufficient in
form and substance, the court shall give an
order:
(a) issuing the writ; and
(b) requiring the respondent to file a verified
return as provided in Section 8 of this Rule.
The clerk of court shall forthwith issue the
writ under the seal of the court including the
issuance of a cease and desist order and other
temporary reliefs effective until further order.

Summary
---
Hearing
The writ shall be served by leaving the
original with the person to whom it is
directed and preserving a copy on which to
How Writ is make return or service. If that person cannot
Served be found, or has not the prisoner in his
custody, then the service shall be made on
any other person having or exercising such
custody. (R102, S7)
Return Who makes: The officer by whom the
prisoner is imprisoned or the person in
whose custody the prisoner is found on the
day specified in the writ.
The return or statement shall be signed by
the person who makes it; and shall also be
sworn by him if the prisoner is not produced,
and in all other cases unless the return is
made and signed by a sworn public officer in
his official capacity. (R102, S11)
*signed in all cases
*sworn to: if not made by a public officer if
prisoner is not produced
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Shall not be later than seven (7) days from
the date of issuance of the writ. (S6)
The writ shall be served upon the respondent
by a judicial officer or by a 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. (S8)
Who makes: respondent shall file a verified
written return together with supporting
affidavits within seventy-two (72) hours
after service of the writ, (S8)
Contents:
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
respondent to determine the fate or
whereabouts of the aggrieved party
and the person or persons
responsible for the threat, act or
omission;
c. All relevant information in the
possession of the respondent
pertaining to the threat, act or
omission against the aggrieved
party; and
d. If the respondent is a public official
or employee, the return shall
further state the actions that have
been or will still be taken:
i. to verify the identity of the
aggrieved party;
Shall not be later than ten (10) work days
from the date of its issuance (S7)
The writ shall be served upon the respondent
by a judicial officer or by a 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. (S9)
Who makes: Respondent
Verified written return together with
supporting affidavits within five (5) working
days from service of the writ.
Period may be reasonably extended by the
Court for justifiable reasons.
Contents:
(a) The lawful defenses such as national
security, state secrets, privileged
communications, confidentiality of the source
of information of media and others;
(b) In case of respondent in charge, in
possession or in control of the data or
information subject of the petition;
(i) a disclosure of the data or information
about the petitioner, the 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,
(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. (S10)
(R7, S5)
The hearing including the preliminary
conference shall not extend beyond sixty (60)
days (R7, S11)
The writ shall be served upon the respondent
by a court officer or any person deputized by
the court, who shall retain a copy on which to
make a return of service. In case the writ
cannot be served personally, the rule on
substituted service shall apply. (R7, S6)
Who makes: Respondent
Within a non-extendible period of ten (10)
days after service of the writ, the respondent
shall file a verified return
Contents:
all defenses to show that respondent:
a. did not violate or
b. threaten to violate, or
c. allow the violation of any
environmental law, rule or
regulation or
d. 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 be
deemed waived.
The return shall include affidavits of
witnesses, documentary evidence, scientific
or other expert studies, and if possible, object
evidence, in support of the defense of the
respondent.
A general denial of allegations in the petition
shall be considered as an admission thereof.
 ii. to recover and preserve evidence
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
(R7, S8)
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.

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.
In case the respondent fails to file a return,
Effect of failure
--- the court, justice or judge shall proceed to
to file a return
hear the petition ex parte. (S12)
Prohibited --- (a) Motion to dismiss;
Pleadings and (b) Motion for extension of time to file return,
Motions opposition, affidavit, position paper and
other pleadings;
(c) Dilatory motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
In case the respondent fails to file a return,
the court, justice or judge shall proceed to
hear the petition ex parte.
The court may also grant the petitioner such
relief as the petition may warrant unless the
court in its discretion requires the petitioner
to submit evidence. (S14)
(a) Motion to dismiss;
(b) Motion for extension of time to file return,
opposition, affidavit, position paper and other
pleadings;
(c) Dilatory motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
In case the respondent fails to file a return,
the court, justice or judge shall proceed to
hear the petition ex parte. (R7, S10)
(a) Motion to dismiss;
(b) Motion for extension of time to file return;
(c) Motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply; and

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Available
---
Interim Reliefs
Judgement When the court or judge has examined into
the cause of caption and restraint of the
prisoner, and is satisfied that he is unlawfully
imprisoned or restrained, he shall: forthwith
order his discharge from confinement
such discharge shall not be effective until a
copy of the order has been served on the
officer or person detaining the prisoner.
If the officer or person detaining the prisoner
does not desire to appeal, the prisoner shall
be forthwith released. (R102, S15)
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(g) Reply;
(h) Motion to declare respondent in default;
(i) Intervention;
(j) Memorandum;
(k) Motion for reconsideration of
interlocutory orders or interim relief
orders; and
(l) Petition for certiorari, mandamus or
prohibition against any interlocutory
order. (S11)
1.) Temporary Restraining Order
2.) Inspection Order
3.) Production Order
4.) Witness Protection Order (S14)
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 grant the
privilege of the writ and such reliefs as may
be proper and appropriate; otherwise, the
privilege shall be denied. (S18)
(f) Third-party complaint;
(g) Reply;
(h) Motion to declare respondent in default;
(i) Intervention;
(j) Memorandum;
(k) Motion for reconsideration of
interlocutory orders or interim relief orders;
and
(l) Petition for certiorari, mandamus or
prohibition against any interlocutory order.
(S13)
---
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.
Upon its finality, the judgment shall be
enforced by the sheriff or any lawful officers
as may be designated by the court, justice or
judge within five (5) working days. (S16)
(h) Motion to declare respondent in default.
(R7, S9)
1.) Ocular Inspection Order
2.) Inspection Order
3.) Production Order (R7, S12)
Within sixty (60) days from the time the
petition is submitted for decision, the court
shall render judgment granting or denying
the privilege.
The reliefs that may be granted under the
writ are the following:
(a) Directing respondent to permanently
cease and desist from committing acts or
neglecting the performance of a duty in
violation of environmental laws resulting in
environmental destruction or damage;
(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

Any party may appeal from the final
judgment or order to the Supreme Court
under Rule 45.
48 hours from notice of judgement The appeal may raise questions of fact or law
Appeal
Via Rule 41, ordinary appeal or both.
The period of appeal shall be five (5)
working days from the date of notice of the
adverse judgment. (S19)
Institution of The rule does not preclude the filing of
Separate --- separate criminal, civil or administrative
Actions actions. (S21)
When a criminal action has been commenced,
Effect of Filing a no separate petition for the writ shall be filed.
---
Criminal Action The reliefs under the writ shall be available
by motion in the criminal case. (S22)
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 a
Consolidation ---
writ of amparo, the latter shall be
consolidated with the criminal action.
After consolidation, the procedure under this
Rule shall continue to apply to the disposition
of the reliefs in the petition. (S23)
BinibiningZ |3C Page 8
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.
(R7, S15)
Any party may appeal from the final Any party may appeal to the Supreme Court
judgment or order to the Supreme Court under Rule 45 of the Rules of Court.
under Rule 45. The appeal may raise questions of fact.
The appeal may raise questions of fact or law
The appeal must be taken within fifteen (15)
or both.
days from the date of notice of the adverse
judgment or denial of motion for
The period of appeal shall be five (5)
reconsideration. (R7, S16)
working days from the date of notice of the
judgment or final order. (S19)
The filing of a petition for the issuance of the
The filing of a petition for the writ of habeas
writ of kalikasan shall not preclude the filing
data shall not preclude the filing of separate
of separate civil, criminal or administrative
criminal, civil or administrative actions. (S20)
actions. (R7, S17)
When a criminal action has been commenced,
no separate petition for the writ shall be filed.
The relief under the writ shall be available to
an aggrieved party by motion in the criminal
---
case.
The procedure under this Rule shall govern
the disposition of the reliefs available under
the writ of habeas data. (S22)
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 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. (S21)
 WRIT OF HABEAS CORPUS when the remedy of appeal or certiorari is available; not permitted to perform the functions of a writ
of error or appeal
Confinement/detention involved either of two things: in the custody of an officer:
a. deprivation of liberty a. under process issued by a court/judge
b. the rightful custody of any person is withheld from the person entitled thereto b. by virtue of a judgment/order of a court of record
palladium of liberty, a prerogative writ, does not issue as a matter of right but in the sound discretion c. the court/judge had jurisdiction to issue the process, render the judgment or make the order
discharge of the writ shall not be authorized upon showing that a person is:
of the court or judge
a. charged with
the judgement in favour of the applicant cannot contain a provision for damages b. convicted of an offense
summons not required; by said service of the writ, the court acquires jurisdiction over the person of c. suffering imprisonment under lawful judgment
the respondent under a restrictive custody
release of a detained person renders the petition moot and academic
Purpose/Object EXPN: when there are restraints attached to his release
to inquire into all manner of involuntary restraint as distinguished from voluntary, and to relieve a
person therefrom is restraint is illegal; any restraint which will preclude freedom of action is sufficient Peremptory vs Preliminary
to relieve a person from an unlawful restraint Peremptory- unconditionally commanding the respondent to have the body of the detained person
a speedy and effectual remedy to relieve persons from unlawful restraint and as an effective defense of before the court at the time and place specified; issued when the cause of the detention appears to be
personal freedom patently illegal
restraint of liberty must be in the nature of illegal and involuntary deprivation of freedom of action Preliminary- requires the person to appear and show cause why the peremptory writ should not be
!!! even if voluntary: the writ is still the proper legal remedy to enable parents to regain the custody of a granted; issued when a government officer has the person in custody, the illegality of which is not
minor child, even if the latter be in the custody of a third person of her own free will. patent

Nature The weight of the return is determined by the color of authority, or the lack of it, for which the person
a summary remedy is detained
analogous to a proceeding in rem prima facie evidence if it appears that the prisoner is in custody under a warrant of commitment in
does not act upon the prisoner but upon the person who holds him in what is alleged to be the pursuance of law
unlawful authority plea of facts if restrained by any alleged private authority; the party claiming the custody must prove
such facts
Availability
may be issued even if another remedy, which is less effective may be availed of Grant of writ
as post-conviction remedy: the court may grant the writ and the prisoner shall be released when it is satisfied that the officer or
a. violation of the accuseds constitutional right person detaining the prisoner does not desire to appeal (within 48 hours, under Rule 41)
-results in the loss or absence of jurisdiction; void judgment may be challenged by collateral attack
b. the court trying the case has no jurisdiction Removal of prisoner from one custody to another
c. the penalty imposed is excessive or beyond what the court could legally impose, voiding the sentence a. by legal process
as to the excess b. delivered to an inferior officer to carry to jail
c. by order of the proper court/judge for the transfer from one place to another w/in the PH
When NOT applicable/ disallowed or discharged for trial
not proper for asserting or vindicating the denial of the right to bail (remedy is to quash the d. in case of FEIOP
information and/or the warrant of arrest
may not enforce marital rights including co-venture and living in conjugal dwelling
supervening events (filing of information, issuance of process) WRIT OF HC in relation to CUSTODY OF MINORS
improper arrest or lack of PI; remedy is to quash warrant and conduct or direct PI
invalid arrest due to deportation cases cured by filing deportation proceeding any person claiming such right may file a verified petition (with certificate against forum shopping)

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 should be filed with FC, or regular courts if no FC or FC judge; enforceable only in the judicial region
may be filed with SC/ CA/ justices; enforceable anywhere in the PH
motion to dismiss is not allowed except LOJ; other grounds must be raised as an affirmative defense
in the answer
if both parties are unfit, the court may designate: 1) grandparents; 2) older brother/sister; 3) any
reputable person; 4) commit to any suitable home for children
the parent who is deprived of the care and custody may be allowed to visit or have temporary custody
MR/MNT first within 15 days before appeal
tender age presumption
-GR: the mother is to be preferred in awarding custody of children under age of 7
EXPN: the court finds cause to order otherwise
-No child under 7 years of age shall be separated from the mother, unless the court finds compelling
reasons to order otherwise. (Art. 363, CC & Art. 213 FC)mandatory in character
compelling reasons- moral dereliction, no effect on the baby who is as yet unable to understand the
situation; unsuitable: neglect, abandonment, unemployment, immorality, habitual drunkenness, drug
addiction, maltreatment, insanity, affliction with a communicable disease; immorality due to lesbian
relations alone does not prove neglect or incompetence, not even being a prostitute or unfaithfulness
to husband; it should be established that moral lapses have had an adverse effect on the welfare of the
child.
WRIT OF AMPARO
right to security is freedom from fear, a guarantee of bodily and psychological integrity or security,
and a guarantee of protection of ones right by the government
extralegal killings
enforced disappearances
only substantial evidence is required
WRIT OF KALIKASAN
A.M. No. 09-6-8-SC, April 13, 2010.
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Locus Standi or standing to file petition
Oposa v. Factoran: intergenerational responsibility; the suit was allowed to be brought in the name of
generations yet unborn, based on the right to a balanced and healthful ecology is concerned
Arigo v. Swift case: the Rules allows the filing of a citizen suit in environmental cases
*SC denied the petition on the ground of political question; defers to the Executive branch on the
matter of compensation and rehabilitation measures
Resident Marine Mammals of the Protected Seascape Tanon Strait v. Sec. Reyes: resident marine mammals
and stewards have legal standing to file the petition; the Rules allow any Filipino citizen, as a steward of
nature, to bring a suit to enforce our environmental laws.
*petition was filed in 2007 or before effectivity of the Rules but was retroactively applied
Section 5. Citizen suit. Any Filipino citizen in representation of others, including minors or
generations yet unborn, may file an action to enforce rights or obligations under environmental
laws. Upon the filing of a citizen suit, the court shall issue an order which shall contain a brief
description of the cause of action and the reliefs prayed for, requiring all interested parties to manifest
their interest to intervene in the case within fifteen (15) days from notice thereof. The plaintiff may
publish the order once in a newspaper of a general circulation in the Philippines or furnish all affected
barangays copies of said order.
- collapses the traditional rule on personal and direct interest, on the principle that humans are
stewards of nature
Magnitude of environmental damage
must be of such magnitude as to prejudice life, health or property of inhabitants in two or more cities or
provinces
Discovery Measures
Ocular Inspection Order- to establish the magnitude of the violation or the threat; shall state in
detail the place or places to be inspected; shall be supported by affidavits of witness having
personal knowledge of the violation or threatened violation of environmental law
effect of the order: may order any person in possession or control of a designated land or other
property to permit entry for the purpose of inspecting or photographing the property or any
relevant object or operation thereon.
Production/ Inspection of documents or things- to establish the magnitude of the violation or
the threat
effect of the order: may order any person in possession, custody or control of any designated
documents, papers, books, accounts, letters, photographs, objects or tangible things, or objects in
digitized or electronic form, which constitute or contain evidence relevant to the petition or the
return, to produce and permit their inspection, copying or photographing by or on behalf of the
movant.
 *interim reliefs available WA

*discovery measures WK

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