WRIT OF HABEAS CORPUS
Involves the right to liberty of and
rightful custody by the aggrieved party
There is an actual violation of
aggrieved party’s right.
Respondent: may or may not be an
officer.
Who may file the petition:
Filed by the party for whose relief it is
intended or by some person on his
behalf.
Filed before:
1. RTC or any judge thereof,
WRIT OF AMPARO
Involves the right to life, liberty and
security of the aggrieved party and
covers extralegal killings and enforced
disappearances
There is an actual or threatened
violation of aggrieved party’s right.
Respondent is a public official or
employee or a private individual or
entity.
Who may file the petition:
Filed by the aggrieved party or by any
qualified person or entity in the
following order:
a) any member of the immediate
family of the aggrieved party, i.e.
spouse, children and parents;
b) any ascendant, descendant or
collateral relative of the aggrieved
party within the fourth civil degree of
consanguinity or affinity;
c) any concerned citizen, organization,
association or institution (right to file is
successive).
The filing of the aggrieved party
himself suspends the right to file
petition by other persons.
Upon filing of the petition by an
authorized person suspends the right
to file by others down the order.
Filed before:
1.RTC of the place where the threat
WRIT OF HABEAS DATA
Involves the right to privacy in life,
liberty or security of the aggrieved
party and covers extralegal killings
and enforced disappearances
There is an actual or threatened
violation of aggrieved party’s right
Respondent is a 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 name and correspondence of
the aggrieved party
Who may file the petition:
Filed by the aggrieved party; but in
cases of extralegal killings and
enforced disappearances, may be filed
by:
a) any member of the immediate
family of the aggrieved party, i.e.
spouse, children and parents;
b) any ascendant, descendant or
collateral relative of the aggrieved
party within the fourth civil degree of
consanguinity or affinity.
Filed before:
1. RTC where the petitioner or
enforceable within its territorial
jurisdiction;
2.CA or any member thereof in
instances authorized by law; and
3. SC or any member thereof.
Contents of the signed ve
Contents of the signed verified
petitions:
1. The fact that the person in whose
behalf the petition is filed is imprisoned or
restrained of his liberty;
2.The detaining officer or private
individual, if unknown or uncertain,
such officer or person maybe
described by an assumed
appellation;
3.The place where the person
deprived of his liberty is imprisoned
or detained; and
4.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 the fact
that the imprisonment or detention
is without any legal authority
If granted by SC or CA or any
member of such courts, it is
enforceable anywhere in the
Philippines; if granted by the RTC or a
judge thereof, it is enforceable only
within his judicial district.
If granted by the SC or CA or any
member of such courts, it may be
act or omission was committed or
any of its elements occurred;
2. Sandiganbayan or any justice
thereof;
3.CA or any justice thereof; and
4.SC or any justice the
Contents of the signed and verified
petition:
1. Petitioner’s circumstances.
2. Respondent’s circumstances
3. The right violated or threatened to
be violated details of the violation or
threat.
4. Investigations conducted
5. Actions and recourses taken by the
petitioner in ascertaining the
whereabouts of the aggrieved party.
6. Relief prayed for which may include
a general prayer for other just and
equitable reliefs.
The writ shall be enforceable
anywhere in the Philippines
regardless of who issued the same.
If issued by the RTC or any judge
thereof, it is returnable before such
respondent resides, or that
which has jurisdiction over the
place where the data or
information is gathered collected
or stored, at the option of
petitioner
2. SC, CA or Sandiganbayan
when the action concerns public
data files or government offices
Contents of the signed and verified petition:
1. Petitioner’s circumstances.
2. Respondent’s circumstances.
3. Location of the file or database and
the person or entity having custody,
possession or control.
4. Actions and recourses taken by the
petitioner to secure the data or
information.
5. Update, rectification, suppression or
destruction of the file or database or
the enjoinment of the threat.
6. General prayer to other just and
equitable reliefs.
The writ shall be enforceable
anywhere in the Philippines regardless
of who issued the same.
If issued by the RTC or any judge
thereof, it shall be returnable before
made returnable before the court or
any member thereof or before an RTC
or any judge thereof.
If granted by the RTC or a judge
thereof, it is returnable before himself
Date and time of hearing is specified
court or judge.
If issued by the Sandiganbayan or
the CA or any of their justices, it
may be returnable before such court
or any justice thereof, or to any RTC
of the place where the threat, act or
omission was committed or any of its
elements occurred.
If issued by the SC or any of its
justices, it may be returnable before
such Court or any justice thereof, or
the Sandiganbayan or CA or any of
their justices, or to any RTC of the
place where the threat, act or
omission was committed or any of its
elements occurred.
The writ shall be immediately issued
upon filing of a valid petition
substantial in form and content.
The clerk of court shall issue the writ
under the seal of the court. Except in
emergency cases which may be
issued by the judge or justice The writ shall set
the date and time for
summary hearing within 7 days from
the issuance of the writ.
Petitioner is exempted from payment
of docket and other lawful fees.
Summary hearing shall be conducted
such court or judge.
If issued by the CA or the
Sandiganbayan or any of its
justices, it may be returnable before
such court or any justice thereof, 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.
If issued by the SC or any of its
justices, it may be returnable before
such Court or any justice thereof, or
before the CA or the Sandiganbayan
or any of its justices, 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.
The writ shall be immediately issued
upon filing of a valid petition
substantial in form and content.
The clerk of court shall issue the writ
under the seal of the court; shall be served by the
clerk within 3 days from
issuance. In case of emergency, the
writ maybe issued by a justice or
judge.
The writ shall set the date and time for
summary hearing within 10 days from
issuance.
Only an indigent petitioner is not
required to pay docket and other
lawful fees.
Summary hearing shall be conducted
in the writ.
Served to the person to whom it is
directed; and if not found or has not
the prisoner in his custody, to the
other person having or exercising
such custody.
The person who makes the return is
the officer by whom the prisoner is
imprisoned or the person in whose
custody the prisoner is found.
Contents of the Return:
1. Whether or not he has custody over
the aggrieved party;
2. The authority and the true and
whole cause of detention;
3. if the party detained cannot be
produced, he must state the sickness
or infirmity;
4. if he has transferred the custody, he
shall state whom the person was
transferred, time, cause and authority
of such transfer.
not later than 7 days from the date of
the issuance of the writ.
Served upon the respondent
personally, but if it cannot be served
personally, the rules on substituted
service shall apply.
A copy is served on the respondent
and the sheriff retains a copy on which
to make a return of service.
The person who files the return is the
respondent. The return must be filed
within 5 days from the service of the
writ.
Contents of the Return:
4. Lawful defenses available to
the respondent.
5. The actions and steps taken by
the petitioner in determining the
whereabouts of the aggrieved
party and the identity of the
violator.
6. All information relevant to the
case.
7. Actions taken by the public
official: a. In verifying the identity of
the aggrieved party.
b. Recovery and preservation
of the evidence for the
prosecution.
c. Determine the
circumstances surrounding
the death of
disappearance.
d. Identify and apprehend the
persons involved.
e. Bring the suspected
not later than 10 work days from the
date of the issuance of the writ
Served upon the respondent
personally, but if it cannot be served
personally, the rules on substituted
service shall apply.
A copy is served on the respondent
and the sheriff retains a copy on which
to make a return of service.
The person who files the return is the
respondent. The return must be filed
within 5 days from the service of the
writ.
Contents of the Return:
1. Lawful defenses available.
2. If the respondent has possession or
control of the data or information:
a. He must disclose the data or
information, its nature, and the
purpose of his collection.
b. The actions and steps taken in
order to secure the confidentiality of
the data or information.
c. The accuracy of the data or
information in his possession or control.
3. All relevant allegations.
A general denial of the allegations in
the petition shall not be allowed

Sec. 12
1. Unless for good cause shown, the
hearing is adjourned, in which
event the court shall make an
order for the safe keeping of the
person imprisoned or restrained
as the nature of the case
requires;
2. The court or judge must be
satisfied that the person’s illness
is so grave that he cannot be
produced without any danger
Period of appeal is within 48 hours
from notice of the judgment or final
order appealed from. The appeal shall
be filed to the Supreme Court under
Rule 45. (Tan Chin Hui v. Rodriguez,
G.R. No. 137571, September 21,
2000).
Quantum of proof is clear and
convincing evidence.
offender to the court.
A general denial of the allegations in
the petition shall not be allowed.
Effects of failure to file a return: Effects of failure to file a return:
If the respondent fails to file a return, The Court, justice or judge shall
the court, justice or judge shall proceed to hear the petition ex parte,
proceed to hear the petition ex parte granting the petitioner such relief as
the petition may warrant unless the
court in its discretion requires
petitioner to submit evidence.
Sec. 14. The court, justice or judge NOT applicable.
may grant interim reliefs, to wit:
temporary protection order, inspection
order, production order and witness
protection order.
There are prohibited pleadings and There are prohibited pleadings and
motions. motions.
There is no presumption that official
duty has been regularly performed.
Period of appeal shall be 5 working Period of appeal shall be 5 working
days from the date of notice of the days from the date of notice of the
adverse judgment. Filed with SC thru judgment or final order. Filed with SC
RULE 45. Given the same priority as thru RULE 45. Given the same priority
that of Habeas Corpus as that of Habeas Corpus.
Quantum of proof is substantial
evidence.
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 the
archiving of the petition, it shall be
dismissed with prejudice upon failure
to prosecute.
Substantive rights cannot be Substantive rights cannot be
increased, diminished or modified increased, diminished or modified
The Rules of Court applies The Rules of Court applies
suppletorily. suppletorily.
RULE 103
Substantial change of name
Change of full name
Who may file: A person desiring to change his
name files a petition.
RTC of the province in which the
petitioner resides for 3 years prior
to the filing, or, in the City of
Manila, to the Juvenile and
Domestic Relations Court
a) That the petitioner has been a
RULE 108 R.A. NO. 9048
Cancellation or Correction of Clerical Error Act
Entries in the Civil Registry
(Substantial and adversary, if
change affects the civil status,
citizenship or nationality; Summary,
if it involves mere clerical errors.)
Change or corrections in the civil Change of first name and nickname and
registry entries (substantial civil registry entries (only typographical
corrections): or clerical errors)
Births, marriages, deaths, legal
separation, judgments of
annulments of marriage, judgments
declaring void a marriage,
legitimations, adoptions,
acknowledgment of natural
children, naturalizations, election,
loss or recovery of citizenship, civil
interdiction, judicial determination
of filiation.
Who may file: Any person interested in any act, Who may file: Any person having direct and
event, order or decree concerning personal
the civil status of persons which interest in the correction of a clerical or
has been recorded in the civil typographical error in an entry and/or
register. change of first name or nick name files a
verified petition in a form of an affidavit
RTC of the city or province where 1. Local civil registry office of the city or
the corresponding civil registry is municipality where the record being
located sought to be corrected or changed is
kept;
2. Local civil registrar of the place where
the interested party is presently
residing or domiciled (transient
petitioner);
3. Philippine consulates
1. Facts necessary to establish the
bona fide resident of the
province where the petition is
filed for at least 3 years prior
to the date of filing;
b) The cause for which the
change of the petitioner’s
name is sought;
c) The name asked for;
d) All names by which petitioner is known
a) Name is ridiculous, tainted with
dishonor or extremely difficult
to write or pronounce;
b) Consequence of change of
status;
c) Necessity to avoid confusion;
d) Having continuously used and
been known since childhood
by a Filipino name, unaware of
his/her alien parentage;
e) A sincere desire to adopt a
Filipino name to erase signs of
former alienage all in good
faith and
Judicial
Upon good and valid grounds, the
entries in the civil registry may be
cancelled and corrected.
Summary proceeding
This can be converted to an
merits of the petition;
2. Particular erroneous entry or entries,
which are sought to be corrected
and/or the change sought to be made.
The petition shall be supported with the
following documents:
a) Certified true machine copy of the
certificate or of the page of the registry book
containing the entry or
entries sought to be corrected or
changed;
b) At least 2 public or private documents
showing the correct entry or entries
upon which the correction or change
shall be based; and
c) Other documents which the petitioner
or the city or municipal civil registrar
or the consul general may consider
relevant and necessary for the
approval of the petition.
a) First name or nickname is ridiculous,
tainted with dishonor or extremely
difficult to write and pronounce;
b) The new first name or nickname has
been habitually and continuously used
by the petitioner and he has been
publicly known by that first name or
nickname in the community; or
c) To avoid confusion
Administrative

Signed and verified petition
At least once a week for three
consecutive weeks in a
newspaper of general circulation
(notice of hearing)
No posting
Service of judgment shall be upon
the civil register concerned.
Solicitor General or the proper
provincial or city fiscal shall appear
on behalf of the Republic.
Civil Registrar is not a party to the
proceeding.
adversarial proceeding if there
are substantial changes and
affect the status of an individual
Verified petition for the Verified petition in the form of Affidavit
cancellation or correction of any
entry
At least once a week for three At least once a week for 2 consecutive
consecutive weeks in a weeks (publish the whole affidavit)
newspaper of general circulation Duty of the civil registrar or Consul to post
(notice of hearing) the petition in a conspicuous place for 10
No posting consecutive days
Service of judgment shall be Transmittal of decision to civil registrar
upon the civil register concerned concerned.
Civil Registrar is an indispensable
party.