St.

Thomas More School of Law and Business

Doctolero Avenue, Magugpo East, Tagum City

Habeas Corpus

Writ of Amparo
Special Proceedings

Submitted by:
Amarille, Jeanette
Aglosolos, Marie Claire
Aguilar, Lyra
Solis, Katrina Paula
Tejada, Flor Cecilie
Caligdong, Dexter Sejm L.
Sereño, Cecilio Jr.
Baldonado, Excelsis Deo
Enterina, Glen
Ybañez, Roland Roy
3-LLB

Submitted to:
Atty. Bianca Cezar
Special Proceedings Professor
RULE 102, RULES OF COURT- HABEAS CORPUS
INTRODUCTION

Q: What is a Writ of Habeas Corpus?

A: Writ of Habeas Corpus is a command directed to the person detaining another requiring
him to produce the body of the person detained at a designated time and place and to produce
and to show cause and to explained the reason for the detention.

The writ of habeas corpus was devised and exists as a speedy and effectual remedy to relive
persons from unlawful restraint, and as the best and only sufficient defense of personal
freedom. It secures to a prisoner the right to have the cause of his detention examined and
determined by a court of justice, and to have ascertained if he is held under lawful authority
(Nava v. Gatmaitan, GR L-4855. Oct. 11, 1951, 90 Phil. 172).

RULES GOVERNING THE ISSUANCE OF THE WRIT OF HABEAS CORPUS

SCOPE OF THE WRIT OF HABEAS CORPUS

“SECTION 1. To what habeas corpus extends. – Except as otherwise expressly provided by

law, 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.

In cases of illegal confinement or detention:

General rule:

The release whether permanent or temporary, of a detained person renders the petition for
Habeas Corpus moot and academic.

Exception:

Where 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.

Grounds for Relief:

 The deprivation of any fundamental or constitutional right.

 Lack of jurisdiction of the Court to impose the sentence.
 In cases of excessive penalty.

The Writ of Habeas Corpus is the proper remedy to enable parents to regain custody of minor
children:
Requisites:

 That the petitioner has the right to the custody of the minor.
 That the rightful custody of the minor is being withheld from the petitioner by the
respondent.
 That it is to the best interest of the minor concerned to be in the custody of the petitioner
and not that of the respondent.

Section 2. Who may grant the writ

 Supreme Court or any member thereon;

 Court of Appeal or any member thereof;
 RTC or any Judge thereof; and
 MTC in the absence of RTC Judge.

Jurisdiction of the Family Court RA 8369 vested Family Court exclusive original jurisdiction to
hear petitions for the custody of minors and the issuance of writ of Habeas Corpus in relation
to custody of minors.

In relation to the custody of minors, a verified petition may be filed for the rightful custody of a
minor by any person claiming such right and it should be filed in the Family Court of the
province or city where the petitioner resides or where the minor may be found.

Section 3. Requisites for Application

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:

 That the person in whose behalf the application is made is imprisoned or restrained of
his liberty;
 The name of the person detaining another;
 The place where he is so imprisoned or restrained if known; and
 The cause of his detention.

The procedures in granting of Writ of Habeas Corpus are the following:

1. Verified petition signed by the party for whose relief it is intended or by some other
person in his behalf;
2. Allowance of writ;
3. Command officer to produce service of writ by Sheriff or other officer;
4. Return; and
5. Hearing of return.
Section 4. When writ shall not allowed or discharged authorized.

If it appears that the person alleged to be restrained of his liberty is in the custody of an officer
under process issued by the Court or judge who has jurisdiction to issue such process, the writ
shall not be allowed.

Supervening events may bar the release

Even if the arrest of a person is illegal, supervening events may bar release or discharged from
custody. What is to be inquired into is the legality of the detention as of the earliest , the filing
of the application for the Habeas Corpus. ( Velasco vs. CA July 7, 1995)

Section 5. When writ must be granted and issued.

If the Court is satisfied that the person is unlawfully restrained of his liberty, the petition for
Habeas Corpus will be granted and the person detained will be released from confinement.

Section 6. To whom writ is directed and what to require.

The writ is directed to an officer and command him to:

 Have the body of person before the Court; and

 Show cause of the imprisonment.

Section 7. How prisoner designated and writ served?

The person to be produce should be designated in the writ if known, but if his name is
unknown he may be described or identified.

The writ may be served by the Sheriff or other officer.

Section 8. How writ executed and returned?

The officer to whom the writ is directed shall:

 Convey the person so imprisoned before the Court or Judge who issued the writ, unless
from sickness or infirmity such person cannot without danger be brought to the Court.
 Make the return of the writ together the day and the cause of restrained.

Section 9. Defect of Form

No writ can be disobeyed for defect in form if it sufficiently states the:

Person in whose custody or under whose restraint the party imprisoned is held.
Court or Judge before whom is to be brought.
Section 10. What are the contents of return of Writ?

The officer to whom the writ is directed shall return the writ and states therein the following:
 Whether he has or he has not the party;
 If he has the party , the true and whole cause of the detention;
 If he has the party and cannot be brought to the Court because of sickness or infirmity;
and
 If he has the party but he already transferred the party he shall states what time, to
whom and the reason for the transfer.

Section 11.

The return shall be signed and sworn to unless the return is made and signed by a sworn
public officer in his official capacity.

Section 12. Hearing of the Return

The Court or Judge must immediately proceed to hear and examine the return, unless for good
cause shown the hearing is adjourned In which event he Court shall make an order for
safekeeping of the person imprisoned.

Section 13. When the return evidence and when only a plea?

It is considered an evidence if the prisoner is in the custody under a warrant or commitment in

pursuance of law or under judicial order. However it shall only a plea if the facts set forth if
restraint is by private authority and the party claiming the custody must prove such facts.

Section 14. When person lawfully imprisoned committed and when let to bail?

If the person was lawfully committed and specifically charged with an offense punishable by
death he shall not be released and if the offense is not punishable by death he may be
recommitted or admitted to bail in the discretion of the Court.

Section 15. When prisoner is discharged?

When the court is satisfied that person is unlawfully detained, the shall order for his discharged
and such copy shall furnished the officer detaining another and if such officer does not desire
to appeal within forty eight hours upon receipt, the prisoner shall be released.

Section 16. What are the penalty for refusing to issue writ or disobeying the same?

A Clerk of Court who refuses to issue the writ after its allowance, a person or to whom the writ
is directed neglects or refuses upon demand by the prisoner to obey or make return of the
same according to the command or make false return, shall forfeit to the aggrieved party the
sum of one thousand pesos and may also be punished for contempt.
Section 17.

Person discharged not again to be imprisoned a person who is set at liberty upon a writ of
Habeas Corpus shall not again be imprisoned for the same offense unless by the lawful order
or process and a violation of this shall forfeit to the aggrieved party a sum of one thousand
pesos and may also be punished by the Court for contempt.

Section 18. When prisoner maybe removed from one custody to another?

The prisoner may be transfer only under the following:

 By legal process.
 Prisoner delivered to an inferior officer to carry to jail.
 By order of proper Court or Judge be removed from one place to another within the
Philippines for trial.
 In case of epidemic, fire , insurrection or other necessity or public calamity.
 WRIT OF AMPARO
Introduction

What is the Writ of Amparo?

Section 1 of the Rule of the Writ of Amparo (A.M. No. 07-9-12-SC):

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.

The writ shall cover extralegal killings and enforced disappearances or threats thereof.

- It means protection
- Provides rapid judicial relief
- Partakes of a summary proceeding that requires only substantial evidence
- Serves preventive and curative roles in addressing problems of extralegal killings and
enforced disappearances.

Extralegal killings

- the killing of a person by governmental authorities without the sanction of any judicial
proceeding or legal process.
- those committed without due process of law or without safeguard or judiacial proceedings
example: death squads, riding in tandem

Enforced disappearances

- occurs when a person is secretly abducted or imprisoned by a state or political

organization or by a third party with the authorization, support, or acquiescence of a state or
political organization, followed by a refusal to acknowledge the person's fate and whereabouts,
with the intent of placing the victim outside the protection of the law.

The writ of amparo does not determine guilt nor pinpoint criminal culpability for the
disappearance, rather, it determines responsibility, or at least accountability, for the enforced
disappearance for purposes of imposing the appropriate remedies to address the
disappearance. (Razon vs. Tagitis, GR. No. 182498, Dec 03 2009)

Invalid grounds:

(1) Trespass to property

(2) Lack of coercion to accept invitation
(3) Mere anticipation of harassment suits and possible violence
(4) Amorphous or uncertain grounds
(5) Threat has ceased to exist
What rule governs petitions for and the issuance of a writ of amparo?

- it is governed by The Rule on the Writ of Amparo (A.M. No. 07-9-12-SC) which was
approved by the Supreme Court on September 25, 2007. This rule also governs existing cases
involving extralegal killings and enforced disappearances or threats thereof.

What is the SC's basis in issuing the Rule?

- the Rule was drafted pursuant to the SC's constitutional power to promulgate rules for the
protection and enforcement of constitutional rights. (Art. 8, Sec. 5[5] of the Constitution)

Effectivity

- The Rule takes effect on October 24, 2007

Filing

Sec 2 – Who may file – Aggrieved party on any qualified person in the following order:

1. Immediate family (spouse, children, parents of aggrieved party)

2. Ascendant, descendant, collateral relative of aggrieved party within 4 th civil degree
(consanguinity/affinity); in default of #1
3. Concerned citizen, org’n, assoc/inst. IF no known immediate family or relative of aggrieved
party

NOTE: Filing of petition by aggrieved party suspends the right of all other authorized parties (IF
the party already filed; others are precluded fr filing writ on his behalf)
Filing of pet by an authorized party in behalf of aggrieved party suspends the right of all others

Sec 3 – Where to file

File petition on any day and at any time with:

1. RTC of the place where the threat, act or omission was committed or any of its elements
occurred;
2. SB, CA, SC or any justice of such courts
Writ is enforceable anywhere in Phil.

Where to return the writ (IF issued by)

1. RTC – RTC
2. CA/SB – By itself or any justice thereof; B4 RTC
3. SC - By itself or any justice thereof; B4 CA/SB/RTC
Only the CA, SB, SC can delegate return of the writ to RTC

Sec 4 – No Docket Fees

Petitioner exempted fr payment of docket & other lawful fees

Sec 5 – Contents of Petition

Petition shall be signed and verified and shall allege:

1. Personal Circumstance od Petitioner
2. Name & personal circumstances of of resp responsible for threat, act/omission;
IF name unknown/uncertain – resp described by an assumed appellation
3. Right to life, liberty and security of aggrieved party violated or threatened with violation of
by unlawful act/omission of resp; & HOW committed with attendant circumstances detailed in
supporting affidavits
- have to alleged how the threat or violation is committed

_____________________________________________
Razon v. Tagitis (2009)
Pleader must state the ultimate facts constituting the cause of action, omitting evidentiary
details
The test in reading the petition should be determine whether it contains the details available to
petitioner under the circumstances

The petition should be read in its totality to determine IF the required Elements are present:
1. disappearance
2. State/private action
3. actual/threatened violations of the rights to life, liberty or security
_____________________________________________

Requirement of additional affidavits

Writ of Amparo – summary nature of proceedings

Rule incorporated the req’t for supporting affidavits with annotation that these can be used as
affiants direct testimony
BUT failure to attach the required affidavits will be fully cured when resp & her witness testified
at the hearing to attest allegation in the petition

4. The investigation conducted if any specifying:

i. names, personal circumstances & addresses of investigating authority
ii. manner & conduct of the investigation together with the report
- seeks to establish at earliest opportunity the level of diligence public authorities undertook
- failure to state manner & results of investigation/ inaction of the police/ failure to perform duty
to investigate/ reports failed; sufficient compliance

5. The actions & recourses taken by petitioner to determine

i. the facts/whereabouts of aggrieved party
ii. identity of the person responsible for the threat, act or omission
- seeks to prevent use of pet not supported by sufficient allegations as a means to fish
evidence
- merely requires that petitioner allege actions & recourses taken to determine I & ii above

6. Relief prayed for

- may include a general prayer for such other reliefs
Sec 6 – Issuance of the writ

Court, justice/judge immediately order issuance of writ IF on its face it ought to issue
1. Clerk of court shall issue writ under seal of court
2. In case of urgent necessity, judge/justice issue under his own hand
The writ must also set – a. date & b. time for summary hearing of pet (not later than 7days fr
date of its issuance)

De Lima v. Gatdula (2013) – privilege of writ of amparo includes availment of the entire
procedure

Judgment should detail the required acts fr resps that will mitigate/eradicate the violation/threat
to petitioners life, liberty/ security; IF simply grants the privilege of the writ judgment cannot be
enforced

Sec 7 – Penalty for refusing to issue or serve the writ

- contempt without prejudice to other disciplinary actions

(No penalty of 1k, as compared to habeas corpus)

Issuance and Service

When is the writ of amparo issued?

Section 6. Issuance of the writ.

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; or in case of urgent necessity, the justice or the 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 seven (7) days from the date of its issuance.

It can be the Clerk of Court, and in extreme cases of urgency, it is the justice himself or the
judge that can issue the writ in his own hand.

The writ must contain the following:

1. Date of the hearing; and

2. Date must not be later than 7 days from the date of issuance.

What do you mean by the privilege of the writ of amparo?

Delima vs Gatdula (G.R. No. 204528. Feb. 19, 2013)

The privilege of the Writ of Amparo should be distinguished from the actual order called the
Writ of Amparo. The privilege includes availment of the entire procedure outlined in A.M. No.
07-9-12-SC, the Rule on the writ of Amparo. A judgment which simply grants ” the privilege of
the writ” cannot be executed. It is tantamount to a failure of the judge to intervene and grant
judicial succor to the petitioner.

Is there penalty in case of refusal to issue or serve the writ?

Yes.

Section 7

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.

If there is refusal to issue the writ, contempt, without prejudice to other disciplinary actions.

As compared to habeas corpus, there is no penalty of P1000.

How is the writ of amparo served?

Section 8. How the writ is Served

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.

To whom shall the writ be served?

Respondent

Who will serve the writ?

Judicial officer, or any officer deputized by the court.

How do you served the writ?

The priority mode of service is personal service. It can also be thru substituted service.

What is Effect of the service of writ of amparo?

Section 9. Return; Contents.

Within seventy (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:

1. 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;
2. 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;
3. All relevant information in the possession of the respondent pertaining to the threat, act or
omission against the aggrieved party; and
4. If the respondent is a public official or employee, the return shall further state the actions
that have been or will still be taken;

a) To verify the identity of the aggrieved party;

b) 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;
c) To identify witnesses and obtain statements from them concerning the death or
disappearance;
d) 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;
e) To identify and apprehend the person or persons involved in the death or disappearance;
and
f) 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.

Are there available interim reliefs?

Yes. The following are:

A. Temporary Protection Order;

B. Inspection Order;
C. Production Order; and
D. Witness Protection Order.

Defenses not Pleaded Deemed Waived.

Section 10. All defenses shall be raised in the return, otherwise, they shall be
deemed waived.

What are prohibited pleadings and motions?

Section 11. Prohibited Pleaadings and Motions. The following pleadings and motion
are prohibited:

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;
11. Motion for reconsideration of interlocutory orders or interim relief orders; and
12. Petition for certiorari, mandamus or prohibition against any interlocutory order.

What happens if the respondent fails to file return?

Sec.12. Effect of Failure to File Return.

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

Hearing

What is the nature of the hearing on the petition?

Sec. 13. Summary Hearing.

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.

The hearing shall be from day to day until completed and given the same priority as
petitions for habeas corpus.

What are the interim reliefs available to the petitioner?

Case: De lIma vs. Gatdula:

It is clear from this rule that the type of summary procedure only applies to
MTC/MTCC/MCTCs not in RTC. The Court limited the application of summary procedure to
certain civil and criminal case. A writ of amparo is a special proceeding. It is a remedy by which
a party seeks to establish a status, a right or particular fact. It is not a civil nor a criminal action.
Hence, the Revised Rule on Summary Procedure is not aplied.

Sec. 14. Interim reliefs

Upon filing of the petition or at anytime before final judgment, the court, justice or judge may
grant any of the following reliefs:

(a) Temporary Protection Order. The court, justice or judge, upon motion or motu proprio,
may order that the petitioner or the aggrieved party and any member of the immediate family
be protected in a government agency or by an accredited person or private institution capable
of keeping and securing their safety. If the petitioner is an organization, association or
institution referred to in Section 3(c) of the Rule, the protection may be extended to the officers
involved. The Supreme Court shall accredit the persons and private institutions that shall
extend temporary protection to the petitioner or the aggrieved party and any member of the
immediate family, in accordance with guidelines which it shall issue. The accredited persons
and private institutions shall comply with the rules and conditions that may be imposed by the
court, justice or judge.

(b) Inspection Order. The court, justice or judge, upon verified motion and after due
hearing, may order any person in possession or control of a designated land or other property,
to permit entry for the purpose of inspecting, measuring, surveying, or photographing the
property or any relevant object or operation thereon. The motion shall state in detail the place
or places to be inspected. It shall be supported by affidavits or testimonies of witnesses having
personal knowledge of the enforced disappearance or whereabouts of the aggrieved party. If
the motion is opposed on the ground of national security or of the privileged nature of the
information, the court, justice or judge may conduct a hearing in chambers to determine the
merit of the opposition. The movant must show that the inspection order is necessary to
establish the right of the aggrieved party alleged to be threatened or violated. The inspection
order shall specify the person or persons authorized to make the inspection and the date, time,
place and manner of making the inspection and may prescribe other conditions to protect the
constitutional rights of all parties. The order shall expire five (5) days after the date of its
issuance, unless extended for justifiable reasons.

(c) Production Order. The court, justice or judge, upon verified motion and after due
hearing, 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. The motion may be opposed on the ground of national security or of the
privileged nature of the information, in which case the court, justice or judge may conduct a
hearing in chambers to determine the merit of the opposition. The court, justice or judge shall
prescribe other conditions to protect the constitutional rights of all the parties.

Does it partake of a search warrant?

No.

Case: Sec. Of Defense vs. Manalo

The production order under the Amparo Rule should not be confused with search warrant
for law enforcement under the Constitution. This Constitutional provision is a protection of the
people from the unreasonable intrusion of the government, not a protection of the government
from the demand of the people. Instead the Amparo production order may be likened to the
production of documents or things under the Rules of Civil Procedure.

(d) Witness Protection Order. The court, justice or judge, upon motion or motu proprio,
may refer the witnesses to the Department of Justice for admission to the Witness Protection,
Security and Benefit Program, pursuant to Republic Act No. 6981. The court, justice or judge
may also refer the witnesses to other government agencies, or to accredited persons or private
institutions capable of keeping and securing their safety.

Are these interim reliefs also available to the respondent?

Sec. 15. Availability of Interim Reliefs to Respondent

Yes, but only the interim reliefs of Inspection Order and the Production Order. These
interim orders may be issued only after a verified motion is filed by the respondent, supported
by affidavits or testimonies of witnesses having personal knowledge of the defenses of the
respondent, and after due hearing.

As to the petitioner, he can avail of all interim reliefs.

Contempt

Sec. 16

The Court, justice or judge may order the respondent who refuses to make a return, or who
makes a false return, or any person who otherwise disobeys or resists a lawful process or
order of the court to be punished for contempt. The contemnor may be imprisoned or imposed
a fine.

What is the required burden of proof?

Sec. 17. Burden of Proof

The parties shall establish their claims by substantial evidence. The respondent who is a
private individual or entity must prove that ordinary diligence as required by applicable laws,
rules and regulations was observed in the performance of duty. The respondent who is a public
official or employee must prove that extraordinary diligence as required by applicable laws,
rules and regulations was observed in the performance of duty.

Can the respondent invoke the legal presumption (Rules of Court, Rule 131, Sec. 3[m]) that
official duty has been regularly performed?

Sec. 17 (4):

No. The respondent public official or employee cannot invoke the presumption that official duty
has been regularly performed to evade responsibility or liability.
- the basic difference of the application of “regular performance of duty” in habeas corpus
petition between the writ of amparo is that in the latter, the said presumption does not apply.
- the burden of proof placed upon the respondent is only as to the exercise of extraordinary
diligence in the performance of his duties.

Case: Lozada vs. Arroyo

The failure to establish that the public official observed extraordinary diligence in the
performance of duty does not result in the automatic grant of the privilege of the Amparo writ. It
does not relieve the petitioner from establishing his or her claim by substantial evidence.

How long does the court have in deciding the petition?

Sec. 18. Judgement

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.

- The writ of Amparo is issued upon the filing of the petition. At the end of the case, once
the Amparo writ has been issued, return has been made, and hearings had been conducted,
the court will now decide whether the quantum of proof required has been met. If it is, then the
privilege of the writ of amparo is issued.

- it is the order granting or denying the Privelege of the writ of amparo that can be subject
to appeal under Rule 45 not the issuance of the writ because it is merely an interlocutory order.

Where do you file an appeal?

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. The appeal shall be given the
same priority as in habeas corpus.

What happens if the court determines that it cannot proceed for a valid cause, such as
the failure of petitioner or witnesses to appear due to threats on their lives?

Sec. 20. Archiving and Revival of Cases.

The court shall not dismiss the petition, but shall archive it. The amparo court may, on its
own or upon motion by any party, order the revival of the petition when ready for further
proceedings. The petition shall be dismissed with prejudice upon failure to prosecute the case
after the lapse of two (2) years from notice to the petitioner of the order archiving the case.

The clerks of court shall submit to the Office of the Court Administrator a consolidated list
of archived cases under this Rule not later than the first week of January of every year

Does the filing of the petition preclude the filing of separate criminal, civil or
administrative actions?

Sec. 21 and Sec 22:

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 amparo.

Sec. 23: Consolidation

 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 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.

Conclusion

As provided for in Section 1 of this Rule, Writ of Amparo is available to all persons whose
life, liberty and security are violated. It specifically covers extra-legal killings and enforced
disappearances or threats.

This new remedy achieves its purpose through the four (4) interim reliefs, namely:

1. Temporary Protection Order

2. Inspection Order,
3. Production Order and
4. Witness Protection Order.

The petition may be filed before the

1. Regional Trial Court;
2. Sandiganbayan,
3. Court of Appeals or
4. Supreme Court.