SPECIAL PROCEEDINGS

Writ of Habeas Corpus Writ of Amparo Writ of Habeas Data Writ of Mandamus

February 21, 2011

Julius Patrick Acosta Anne Maureen Manigbas Jaymie Ann Reyes Glenda Rumohr Josephine Grace ando!al Myra "ita #acapin ubmitted to$ Judge %im&a 'uesta "ilches

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Tab e of Contents
Table of Contents.................................................................................................................................... 2 WRIT OF HABEAS CORPUS.................................................................................................................. 3 WRIT OF AMPARO........................................................................................................................... 13 WRIT OF HABEAS DATA.............................................................................................................. 21 WRIT OF MANDAMUS............................................................................................31

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R!LE "#$ WRIT O% HA&EAS CORP!S

Definition *t is a +rit directed to a person detaining another commanding him to produce the body o& the prisoner at a designated time or place or by +hich the right&ul custody o& a person is +ithheld &rom the on entitled thereto, Ob'e(ti)e -he ob.ecti!e o& the +rit is to determine +hether the con&inement or detention is !alid or la+&ul, *& it is, the +rit cannot be issued, *ts great ob.ect o& the +rit is the liberation o& those +ho may be imprisoned +ithout su&&icient cause, Villavicencio v. Lucban (39 Phil. 778) stated that the purpose o& the +rit is to in/uire into all manner o& in!oluntary restraint as distinguished &rom !oluntary, and to relie!e a person there&rom i& such restraint is illegal, Any restraint +hich +ill preclude &reedom o& such person is su&&icient, Zagala v. Ilustre (48 Phil. 282) stated that actual and e&&ecti!e restraint, not merely nominal or moral, is re/uired, 0o+e!er, actual physical restraint is not al+ays re/uired1 any restraint +hich pre.udice &reedom o& action is su&&icient as stated in Moncu a v. !nrile" et al. (#.$. %o. &334'" (anuar) 3*" +98&), Nature of t*e Petition for Habeas Corpus ,li- os v. ., (+*& /.$, +'9) stated that the petition &or habeas corpus is like a proceeding in rem as it is an in/uisition by the go!ernment, at the suggestion and instance o& an indi!idual, most probably, but still in the name and capacity o& the so!ereign, *t is also constituted &or the purpose o& &i2ing the status o& a person, -here can be no .udgment entered against anybody since there is no real plainti&& and de&endant, .aballes v. ., (#.$. %o. +&3+*8" 0ebruar) 23" 2**') stated that habeas corpus is a summary remedy, *t is analogous to a proceeding in rem +hen instituted &or the sole purpose o& ha!ing the person o& restraint presented be&ore the .udge in order that the cause o& his detention may be in/uired into and his statements &inal, Also, a +rit o& habeas corpus is a prerogati!e +rit +hich does not issues as a matter o& right but in the sound discretion o& the court or .udge, *t is, ho+e!er, a +rit o& right on proper &ormalities being made by proo&, Se(tion "+ To what habeas corpus extends. , E-(ept as ot*er.ise e-press / pro)ided b/ a.0 t*e .rit of *abeas (orpus s*a e-tend to a (ases of i e1a (onfinement or detention b/ .*i(* an/ person is depri)ed of *is ibert/0 or b/ .*i(* t*e ri1*tfu (ustod/ of an/ person is .it**e d from t*e person entit ed t*ereto+ -+o instances +hen the +rit o& habeas corpus may be a!ailed o& as a remedy$ 1, *n all cases o& illegal con&inement or detention by +hich a person is depri!ed o& his liberty, -he restraint o& liberty must be an illegal and in!oluntary &reedom o& action, 2, 3hen the right&ul custody o& any person is +ithheld &rom the person entitled thereto, -here may be no illegal nor in!oluntary depri!ation o& &reedom o& action o& the person +hose custody petitioner seeks, and all that the petitioner must sho+ is that he is entitled to ha!e the custody o& the person +hose release to him is +ithheld by the respondent, /o-bong v. ., (2'2 /.$, &&3) stated that the +rit is the proper legal remedy to enable parents to regain the custody o& minor child e!en i& the latter be in the custody o& a third person o& his4her o+n &ree +ill, -he grant o& the +rit depends upon the concurrence o& the &ollo+ing re/uisites$ 1, -hat the petitioner has the right or custody o!er the minor1 2, -hat the right&ul custody o& the minor is being +ithheld &rom the petitioner by the respondent1 and

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5, -hat it is to the best interest o& the minor concerned to be in the custody o& the petitioner and not that o& the respondent, -he temporary release o& a person +hich carries such restriction does not render the petition &or habeas corpus moot and academic, #u-abon v. 1irector o2 the 3ureau o2 Prisons (37 /.$, 42*) stated that +here a person continues to be unla+&ully denied one or more o& his constitutional &reedoms, +here there is present a denial o& due process, +here the restraints are not merely in!oluntary but appear to be unnecessary, and +here a depri!ation o& &reedom originally !alid has become arbitrary, the person concerned or those applying in his behal& may still a!ail themsel!es o& the pri!ilege o& the +rit, 0eria v. ., (32' /.$, '2') stated that the +rit may be a!ailed o& +here, as a conse/uence o& a .udicial proceeding$ 1, -here has been a depri!ation o& a constitutional right resulting in the restraint o& a person1 2, -he court had no .urisdiction to impose the sentence1 or 5, An e2cessi!e penalty has been imposed, as such is !oid as to such e2cess, 0o+e!er, In $e ,4ucena L. #arcia (339 /.$, 292) stated that habeas corpus cannot &unction as a +rit o& error, -he 'ourt cannot, in habeas corpus proceedings, re!ie+ the record in the criminal case a&ter .udgment o& con!iction has been rendered, and the de&endants ha!e entered on the e2ecution o& the sentence imposed, to ascertain +hether the &acts &ound by the trial court +ere in accordance +ith the e!idence disclosed by the record, or to pass upon the correctness o& conclusions o& la+ by the trial court based on &acts thus &ound, Mere errors o& &act or la+, +hich did not ha!e the e&&ect o& depri!ing the trial court o& its .urisdiction o!er the cause and the person o& the de&endant, i& corrected at all, must be corrected on appeal in the &orm and manner prescribed by la+, .onstitutional rovisions relate5 to the 6rit o2 habeas cor us. ec, 16, Article *** o& the 1789 'onstitution pro!ides that the pri!ilege o& the +rit o& habeas corpus shall not be suspended e2cept in cases o& in!asion or rebellion +here the public sa&ety re/uires it, ec, 18, Article "** o& the 1789 'onstitution pro!ides that in case o& in!asion or rebellion, the President may, &or a period not e2ceeding si2ty days, suspend the pri!ilege o& habeas corpus, +hich 'ongress may re!oke or, upon the initiati!e o& the President, e2tend &or a period to be determined by it, Se(tion $+ Who may grant the writ. , T*e .rit of *abeas (orpus ma/ be 1ranted b/ t*e Supreme Court0 or an/ member t*ereof0 on an/ da/ and at an/ time0 or b/ t*e Court of Appea s or an/ member t*ereof in t*e instan(es aut*ori2ed b/ a.0 and if so 1ranted it s*a be enfor(eab e an/.*ere in t*e P*i ippines0 and ma/ be made returnab e before t*e (ourt or an/ member t*ereof0 or before t*e Court of %irst Instan(e0 or an/ 'ud1e t*ereof for t*e *earin1 and de(ision on t*e merits+ It ma/ a so be 1ranted b/ a Court of %irst Instan(e0 or a 'ud1e t*ereof0 on an/ da/ and at an/ time0 and returnab e before *imse f0 enfor(eab e on / .it*in *is 'udi(ia distri(t+ .ourts that -a) issue the 6rit. -he upreme 'ourt, the 'ourt o& Appeals and the Regional -rial 'ourt ha!e concurrent original .urisdictions to issue +rits o& habeas corpus, -he decisions o& the upreme 'ourt and the 'ourt o& Appeals are en&orceable any+here in the Philippines +hile the regional trial courts ha!e .urisdiction to issue +rits o& habeas corpus only +hen such +rit can be en&orced +ithin their respecti!e .udicial districts, Martin v. #uerrero (3+7 /.$, +&&) stated that a +rit issued by a Regional -rial 'ourt and en&orced outside o& his .udicial district is !oid, Me5ina v. 7a (&* /.$, 73) stated that in a petition &or habeas corpus &iled +ith the upreme 'ourt, the high tribunal may make the +rit returnable to itsel&, 3here &actual issues are raised, the upreme 'ourt may make the +rit returnable to a regional trial court, +hich +ill take the case &or determination on its merits and ac/uires

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authority and duty to in/uire into the &acts and the la+ pertinent to the legality or illegality o& the person:s detention, *n a petition &or habeas corpus &iled +ith the 'ourt o& Appeals, the latter may not make the +rit returnable to the regional trial courts, 8rla v. court o2 , eals (+92 /.$, 7&8) stated that +hile the upreme 'ourt and the Regional -rial 'ourt e2ercise concurrent original .urisdiction to issue +rits o& habeas corpus, they are not authority &or remanding and re&erring to the latter original actions &iled +ith the &ormer, -he 'ourt o& Appeals should instead hear the case, conduct a trial or hearing to recei!e e!idence and decide the petition &or habeas corpus on the merits, Se(tion 3+ Requisites of application therefor. , App i(ation for t*e .rit s*a be b/ petition si1ned and )erified eit*er b/ t*e part/ for .*ose re ief it is intended0 or b/ some person on *is be*a f0 and s*a set fort*4 5a6 T*at t*e person in .*ose be*a f t*e app i(ation is made is imprisoned or restrained of *is ibert/7 5b6 T*e offi(er or name of t*e person b/ .*om *e is so imprisoned or restrained7 or0 if bot* are un8no.n or un(ertain0 su(* offi(er or person ma/ be des(ribed b/ an assumed appe ation0 and t*e person .*o is ser)ed .it* t*e .rit s*a be deemed t*e person intended7 5(6 T*e p a(e .*ere *e is so imprisoned or restrained0 if 8no.n7 5d6 A (op/ of t*e (ommitment or (ause of detention of su(* person0 if it (an be pro(ured .it*out impairin1 t*e effi(ien(/ of t*e remed/7 or0 if t*e imprisonment or restraint is .it*out an/ e1a aut*orit/0 su(* fa(t s*a appear+ -he petition &or habeas corpus may be &iled, signed and !eri&ied by the party &or +hose relie& it is intended or the person illegally detained, or by some other person on his behal&, Velasco v. ., (24' /.$, &77) stated that the term ;some other person< means any person +ho has a legally .usti&ied interest in the &reedom o& the person +hose liberty is restrained, such as his parents, +i&e or the common=la+ spouse o& the detained person, or +ho sho+s some authori>ation to make the application, Peo le v. Labriaga (2'* /.$, +&3) stated that strict compliance +ith the technical re/uirements o& ection 5 may be dispensed +ith, +here the application is su&&icient in substance, as the rules on habeas corpus are liberally construed, -hus, +here the decision o& con!icting an accused has become &inal, the remedy o& the accused seeking the retroacti!e application o& a la+ +hich reduced the penalty imposed is not a motion &or reconsideration but a petition &or habeas corpus, 3ernarte v. ., (2&3 /.$, 323) stated that in all petitions &or habeas corpus, the court must in/uire into e!ery phase and aspect o& petitioner:s detention ? &rom the moment petitioner +as taken into custody up to the moment the court passes upon the merits o& the petition and only a&ter such a scrutiny can the court satis&y itsel& that the due process clause o& the 'onstitution has been satis&ied, Se(tion 9+ When writ not allowed or discharge authorized. , If it appears t*at t*e person a e1ed to be restrained of *is ibert/ is in t*e (ustod/ of an offi(er under pro(ess issued b/ a (ourt or 'ud1e or b/ )irtue of a 'ud1ment or order of a (ourt of re(ord0 and t*at t*e (ourt or 'ud1e *ad 'urisdi(tion to issue t*e pro(ess0 render t*e 'ud1ment0 or ma8e t*e order0 t*e .rit s*a not be a o.ed7 or if t*e 'urisdi(tion appears after t*e .rit is a o.ed0 t*e person s*a not be dis(*ar1ed b/ reason of an/ informa it/ or defe(t in t*e pro(ess0 'ud1ment0 or order+ Nor s*a an/t*in1 in t*is ru e be *e d to aut*ori2e t*e dis(*ar1e of a person (*ar1ed .it* or (on)i(ted of an offense in t*e P*i ippines0 or of a person sufferin1 imprisonment under a.fu 'ud1ment+

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$o5rigue4 v. 3oni2acio (344 /.$, '+9) stated that once a person detained is duly charged in court, he may no longer /uestion his detention through a petition &or issuance o& a +rit o& habeas corpus, 0is remedy +ould be to /uash the in&ormation and4or the +arrant o& arrest duly issued, -he +rit o& habeas corpus should not be allo+ed a&ter the party sought to be released had been charged be&ore any court, -he term ;court< includes /uasi= .udicial bodies, *n Velasco v. ., (24' /.$, &77) , the 'ourt enumerated the other instances +here the +rit +ill not issue or is no longer a proper remedy, e!en i& the arrest o& a person is illegal$ 1, -he subse/uent issuance o& a .udicial process pre!enting the discharge o& the detained persons1 2, -he &iling o& a complaint or in&ormation &or the o&&ense &or +hich the accused is detained and the issuance o& a +arrant o& arrest1 and 5, -he &iling o& a motion &or bail, as it is an admission that the person +as under the custody o& the court and !oluntarily submitted to his person to its .urisdiction, or by appearing in court and gi!ing a bond &or his pro!isional release, Also, in Ilusorio v. 3il5ner (332 /.$, +&9), the +i&e may not secure a +rit o& habeas corpus to compel her husband to li!e +ith her in con.ugal basis, Marital rights including o!erture and li!ing in con.ugal s+elling may not be en&orced by the e2traordinary +rit o& habeas corpus, Se(tion :+ When the writ must be granted and issued. , A (ourt or 'ud1e aut*ori2ed to 1rant t*e .rit must0 .*en a petition t*erefor is presented and it appears t*at t*e .rit ou1*t to issue0 1rant t*e same fort*.it*0 and immediate / t*ereupon t*e ( er8 of t*e (ourt s*a issue t*e .rit under t*e sea of t*e (ourt7 or in (ase of emer1en(/0 t*e 'ud1e ma/ issue t*e .rit under *is o.n *and0 and ma/ depute an/ offi(er or person to ser)e it+ Se(tion ;+ To whom writ directed, and what to require. , In (ase of imprisonment or restraint b/ an offi(er0 t*e .rit s*a be dire(ted to *im0 and s*a (ommand *im to *a)e t*e bod/ of t*e person restrained of *is ibert/ before t*e (ourt or 'ud1e desi1nated in t*e .rit at t*e time and p a(e t*erein spe(ified+ In (ase of imprisonment or restraint b/ a person not an offi(er0 t*e .rit s*a be dire(ted to an offi(er0 and s*a (ommand *im to ta8e and *a)e t*e bod/ of t*e person restrained of *is ibert/ before t*e (ourt or 'ud1e desi1nated in t*e .rit at t*e time and p a(e t*erein spe(ified0 and to summon t*e person b/ .*om *e is restrained t*en and t*ere to appear before said (ourt or 'ud1e to s*o. t*e (ause of t*e imprisonment or restraint+ Se(tion <+ How prisoner designated and writ served. , T*e person to be produ(ed s*ou d be desi1nated in t*e .rit b/ *is name0 if 8no.n0 but if *is name is not 8no.n *e ma/ be ot*er.ise des(ribed or identified+ T*e .rit ma/ be ser)ed in an/ pro)in(e b/ t*e s*eriff or ot*er proper offi(er0 or b/ a person deputed b/ t*e (ourt or 'ud1e+ Ser)i(e of t*e .rit s*a be made b/ ea)in1 t*e ori1ina .it* t*e person to .*om it is dire(ted and preser)in1 a (op/ on .*i(* to ma8e return of ser)i(e+ If t*at person (annot be found0 or *as not t*e prisoner in *is (ustod/0 t*en t*e ser)i(e s*a be made on an/ ot*er person *a)in1 or e-er(isin1 su(* (ustod/+ Se(tion =+ How writ executed and returned. , T*e offi(er to .*om t*e .rit is dire(ted s*a (on)e/ t*e person so imprisoned or restrained0 and named in t*e .rit0 before t*e 'ud1e a o.in1 t*e .rit0 or0 in (ase of *is absen(e or disabi it/0 before some ot*er 'ud1e of t*e same (ourt0 on t*e da/ spe(ified in t*e .rit0 un ess0 from si(8ness or infirmit/ of t*e person dire(ted to be produ(ed0 su(* person (annot0 .it*out dan1er0 be brou1*t before t*e (ourt or 'ud1e7 and t*e offi(er s*a ma8e due return of t*e .rit0 to1et*er .it* t*e da/ and t*e (ause of t*e (aption and restraint of su(* person a((ordin1 to t*e (ommand t*ereof+

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Se(tion >+ efect of form. , No .rit of *abeas (orpus (an be disobe/ed for defe(t of form0 if it suffi(ient / appears t*erefrom in .*ose (ustod/ or under .*ose restraint t*e part/ imprisoned or restrained is *e d and t*e (ourt or 'ud1e before .*om *e is to be brou1*t+ Se(tion "#+ !ontents of return. , W*en t*e person to be produ(ed is imprisoned or restrained b/ an offi(er0 t*e person .*o ma8es t*e return s*a state t*erein0 and in ot*er (ases t*e person in .*ose (ustod/ t*e prisoner is found s*a state0 in .ritin1 to t*e (ourt or 'ud1e before .*om t*e .rit is returnab e0 p ain / and une?ui)o(ab /4 5a6 W*et*er *e *as or *as not t*e part/ in *is (ustod/ or po.er0 or under restraint7 5b6 If *e *as t*e part/ in *is (ustod/ or po.er0 or under restraint0 t*e aut*orit/ and t*e true and .*o e (ause t*ereof0 set fort* at ar1e0 .it* a (op/ of t*e .rit0 order0 e-e(ution0 or ot*er pro(ess0 if an/0 upon .*i(* t*e part/ is *e d7 5(6 If t*e part/ is in *is (ustod/ or po.er or is restrained b/ *im0 and is not produ(ed0 parti(u ar / t*e nature and 1ra)it/ of t*e si(8ness or infirmit/ of su(* part/ b/ reason of .*i(* *e (annot0 .it*out dan1er0 be brou1*t before t*e (ourt or 'ud1e7 5d6 If *e *as *ad t*e part/ in *is (ustod/ or po.er0 or under restraint0 and *as transferred su(* (ustod/ or restraint to anot*er0 parti(u ar / to .*om0 at .*at time0 for .*at (ause0 and b/ .*at aut*orit/ su(* transfer .as made+ Se(+ ""+ Return to be signed and sworn to. " T*e return or statement s*a be si1ned b/ t*e person .*o ma8es it7 and s*a a so be s.orn to b/ *im if t*e prisoner is not produ(ed0 and in a ot*er (ases un ess t*e return is made and si1ned b/ a s.orn pub i( offi(er in *is offi(ia (apa(it/+ Se(+ "$+ Hearing on return# $d%ournments. " W*en t*e .rit is returned before one 'ud1e0 at a time .*en t*e (ourt is in session0 *e ma/ fort*.it* ad'ourn t*e (ase into t*e (ourt0 t*ere to be *eard and determined+ T*e (ourt or 'ud1e before .*om t*e .rit is returned or ad'ourned must immediate / pro(eed to *ear and e-amine t*e return0 and su(* ot*er matters as are proper / submitted for (onsideration0 un ess for 1ood (ause s*o.n t*e *earin1 is ad'ourned0 in .*i(* e)ent t*e (ourt or 'ud1e s*a ma8e su(* order for t*e safe8eepin1 of t*e person imprisoned or restrained as t*e nature of t*e (ase re?uires+ If t*e person imprisoned or restrained is not produ(ed be(ause of *is a e1ed si(8ness or infirmit/0 t*e (ourt or 'ud1e must be satisfied t*at it is so 1ra)e t*at su(* person (annot be produ(ed .it*out dan1er0 before pro(eedin1 to *ear and dispose of t*e matter+ On t*e *earin1 t*e (ourt or 'ud1e s*a disre1ard matters of form and te(*ni(a ities in respe(t to an/ .arrant or order of (ommitment of a (ourt or offi(er aut*ori2ed to (ommit b/ a.+ Se(+ "3+ When the return evidence, and when only a plea. " If it appears t*at t*e prisoner is in (ustod/ under a .arrant of (ommitment in pursuan(e of a.0 t*e return s*a be (onsidered prima fa(ie e)iden(e of t*e (ause of restraint7 but if *e is restrained of *is ibert/ b/ an/ a e1ed pri)ate aut*orit/0 t*e return s*a be (onsidered on / as a p ea of t*e fa(ts t*erein set fort*0 and t*e part/ ( aimin1 t*e (ustod/ must pro)e su(* fa(ts+ Se(+ "9+ When person lawfully imprisoned recommitted, and when let to bail. " If it appears t*at t*e prisoner .as a.fu / (ommitted0 and is p ain / and spe(ifi(a / (*ar1ed in t*e .arrant of (ommitment .it* an offense punis*ab e b/ deat*0 *e s*a not be re eased0 dis(*ar1ed0 or bai ed+ If *e is a.fu / imprisoned or restrained on a (*ar1e of *a)in1 (ommitted an offense not so punis*ab e0 *e ma/ be re(ommitted to imprisonment or admitted to bai in t*e dis(retion of t*e (ourt or 'ud1e+ If *e be admitted to bai 0 *e s*a fort*.it* fi e a bond in su(* sum as t*e (ourt or 'ud1e deems reasonab e0 (onsiderin1 t*e (ir(umstan(es of t*e prisoner and t*e nature of t*e offense (*ar1ed0 (onditioned for *is appearan(e before t*e (ourt .*ere t*e offense is proper / (o1ni2ab e to abide its order or 'ud1ment7 and t*e (ourt or 'ud1e s*a (ertif/ t*e

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pro(eedin1s0 to1et*er .it* t*e bond0 fort*.it* to t*e proper (ourt+ If su(* bond is not so fi ed0 t*e prisoner s*a be re(ommitted to (onfinement+ chan robles !irtual la+ library Se(+ ":+ When prisoner discharged if no appeal. " W*en t*e (ourt or 'ud1e *as e-amined into t*e (ause of (aption and restraint of t*e prisoner0 and is satisfied t*at *e is un a.fu / imprisoned or restrained0 *e s*a fort*.it* order *is dis(*ar1e from (onfinement0 but su(* dis(*ar1e s*a not be effe(ti)e unti a (op/ of t*e order *as been ser)ed on t*e offi(er or person detainin1 t*e prisoner+ If t*e offi(er or person detainin1 t*e prisoner does not desire to appea 0 t*e prisoner s*a be fort*.it* re eased+ chan robles !irtual la+ library Se(+ ";+ &enalty for refusing to issue writ, or for disobeying the same. " A ( er8 of a (ourt .*o refuses to issue t*e .rit after a o.an(e t*ereof and demand t*erefor0 or a person to .*om a .rit is dire(ted0 .*o ne1 e(ts or refuses to obe/ or ma8e return of t*e same a((ordin1 to t*e (ommand t*ereof0 or ma8es fa se return t*ereof0 or .*o0 upon demand made b/ or on be*a f of t*e prisoner0 refuses to de i)er to t*e person demandin10 .it*in si- 5;6 *ours after t*e demand t*erefor0 a true (op/ of t*e .arrant or order of (ommitment0 s*a forfeit to t*e part/ a11rie)ed t*e sum of one t*ousand pesos0 to be re(o)ered in a proper a(tion0 and ma/ a so be punis*ed b/ t*e (ourt or 'ud1e as for (ontempt+ Se(+ "<+ &erson discharged not to be again imprisoned. " A person .*o is set at ibert/ upon a .rit of *abeas (orpus s*a not be a1ain imprisoned for t*e same offense un ess b/ t*e a.fu order or pro(ess of a (ourt *a)in1 'urisdi(tion of t*e (ause or offense7 and a person .*o 8no.in1 /0 (ontrar/ to t*e pro)isions of t*is ru e0 re(ommits or imprisons0 or (auses to be (ommitted or imprisoned0 for t*e same offense0 or pretended offense0 an/ person so set at ibert/0 or 8no.in1 / aids or assists t*erein0 s*a forfeit to t*e part/ a11rie)ed t*e sum of one t*ousand pesos0 to be re(o)ered in a proper a(tion0 not.it*standin1 an/ (o orab e pretense or )ariation in t*e .arrant of (ommitment0 and ma/ a so be punis*ed b/ t*e (ourt or 'ud1e 1rantin1 .rit as for (ontempt+ Se(+ "=+ When prisoner may be removed from one custody to another. " A person (ommitted to prison0 or in (ustod/ of an offi(er0 for an/ (rimina matter0 s*a not be remo)ed t*erefrom into t*e (ustod/ of anot*er offi(er un ess b/ e1a pro(ess0 or t*e prisoner be de i)ered to an inferior offi(er to (arr/ to 'ai 0 or0 b/ order of t*e proper (ourt or 'ud1e0 be remo)ed from one p a(e to anot*er .it*in t*e P*i ippines for tria 0 or in (ase of fire0 epidemi(0 insurre(tion0 or ot*er ne(essit/ or pub i( (a amit/7 and a person .*o0 after su(* (ommitment0 ma8es0 si1ns0 or (ountersi1ns an/ order for su(* remo)a (ontrar/ to t*is se(tion0 s*a forfeit to t*e part/ a11rie)ed t*e sum of one t*ousand pesos0 to be re(o)ered in a proper a(tion+ Se(+ ">+ Record of writ, fees and costs. " T*e pro(eedin1s upon a .rit of *abeas (orpus s*a be re(orded b/ t*e ( er8 of t*e (ourt0 and upon t*e fina disposition of su(* pro(eedin1s t*e (ourt or 'ud1e s*a ma8e su(* order as to (osts as t*e (ase re?uires+ T*e fees of offi(ers and .itnesses s*a be in( uded in t*e (osts ta-ed0 but no offi(er or person s*a *a)e t*e ri1*t to demand pa/ment in ad)an(e of an/ fees to .*i(* *e is entit ed b/ )irtue of t*e pro(eedin1s+ W*en a person (onfined under (o or of pro(eedin1s in a (rimina (ase is dis(*ar1ed0 t*e (osts s*a be ta-ed a1ainst t*e Repub i( of t*e P*i ippines0 and paid out of its Treasur/7 .*en a person in (ustod/ b/ )irtue or under (o or of pro(eedin1s in a (i)i (ase is dis(*ar1ed0 t*e (osts s*a be ta-ed a1ainst *im0 or a1ainst t*e person .*o si1ned t*e app i(ation for t*e .rit0 or bot*0 as t*e (ourt s*a dire(t+ Return of t*e Writ A, Form *n +riting1 made in the copy o& the 3rit itsel& igned by the person making the return

( pecial Proceedings)
+orn to by said person i& o Prisoner is not produced o *n all other cases @%AB $ Made and signed by a s+orn public o&&icer in his o&&icial capacity,

&

C,

'ontents 1D Eay +hen Return is made 2D 'ause o& caption and restraint o& prisoner 5D *& the Return is made by the person alleged to ha!e custody o& the prisoner, +hether or not he has the prisoner in his custody or po+er or is under restraint FD *& the prisoner is in his custody or is under restraint$ a, -he authority thereo& b, -rue and +hole cause thereo& c, *ncluding copy o& the +rit, order, e2ecution or process embodying the authority, i& e!er 6D *& the prisoner is in his custody or is under restraint and not produced be&ore the court$ a, -he nature and gra!ity o& the sickness or in&irmity o& the prisoner GD *& the prisoner is in his custody or under restraint and +as trans&erred to another$ a, -o +hom trans&erred b, -ime trans&er +as made c, 'ause o& trans&er d, Authority under +hich trans&er +as made -o 3hom Made -he Return should be made be&ore the .udge o& the court +here the application o& the +rit +as &iled, Cy 3hom Made 1D heri&& or other o&&icer +ho ser!ed the +rit 2D -he person in +hose custody the prisoner is &ound B&&ects A&ter Return is Made 1D I2 the risoner is ro5uce5$ -he .udge to +hom the return +as made hears and e2amines the return and such other matters as are properly submitted &or consideration, *& the .udge is satis&ied that the prisoner is unla+&ully imprisoned or detained, the prisoner shall be ordered discharged &rom con&inement to be e&&ecti!e +hen a copy o& the order has been ser!ed on the o&&icer or person detaining the prisoner, *& such o&&icer or person does not appeal, the prisoner shall be released, -he person set at liberty shall not be imprisoned again &or the same o&&ense @%AB , by la+&ul order or process o& a court ha!ing .urisdiction o!er the cause or o&&ense, o *& a person kno+ingly recommits or imprisons, or causes to be committed or imprisoned, &or the same o&&ense or pretended o&&ense, any person set at liberty, or kno+ingly aids or assists therein, such person shall &or&eit to the party aggrie!ed one thousand pesos to be reco!ered in a proper action and may also be punished &or contempt, *& it appears that the prisoner +as la+&ully committed, and is plainly and speci&ically charged in the +arrant o& commitment +ith an o&&ense punishable by death, he hall not be released, discharged or baled, *& the prisoner is la+&ully imprisoned or restrained on a charge o& ha!ing committed an o&&ense not punishable by death, he may be recommitted or imprisoned or admitted to bail in the discretion o& the court or .udge, @pon application &or bail$

', E,

B,

( pecial Proceedings)
aD

1'

-he .udge or court shall consider the circumstances o& the prisoner and the nature o& the o&&ense charged, bD -he prisoner &iles a bund in the sum determined by the .udge or court, cD -hu .udge or court grants bail conditioned on the appearance o& the prisoner be&ore the court +here the o&&ense is properly cogni>able to abide its order or .udgment, 2D I2 the risoner is not ro5uce5$ *& the person imprisoned or restrained is not produced because o& his alleged sickness or in&irmity, the court or .udge must be satis&ied that it is so gra!e that the person cannot be produced +ithout danger be&ore proceeding to hear and dispose o& the matter, 3) 9hen the $eturn is !vi5ence an5 9hen 8nl) , Plea -he Return shall be considered ri-a 2acie e!idence o& the cause o& restraint i& the prisoner is in custody under a +arrant o& commitment in pursuance o& la+, -he Return shall be considered only as a plea o& the &acts therein set &orth and the party claiming the custody must pro!e such &acts i& the prisoner is restrained o& his liberty by any pri!ate authority, F, 3hen the 'ustody o& the Prisoner may be Remo!ed to Another A person committed to prison or in custody o& an o&&icer &or any 'R*M*%AA matter shall not be remo!ed there&rom into the custody o& another o&&icer @%AB $ aD bD cD dD Cy legal process -he prisoner be deli!ered to an in&erior o&&icer to carry to .ail Cy order o& the proper court or .udge Cy order o& the proper court or .udge, be remo!ed &rom one place or another +ithin the Philippines &or trial eD *n case o& &ire, epidemic, insurrection, or other necessity or public calamity, A person +ho makes, signs, or countersigns any order &or such remo!al contrary to ection 18, Rule 102 shall &or&eit to the party aggrie!ed one thousand pesos to be reco!ered in a proper action, G, Penalty &or Re&using to *ssue the 3rit A clerk o& court +ho re&uses to issue the +rit a&ter the court or .udge allo+ed it and a&ter a demand is made shall &or&eit to the party aggrie!ed one thousand pesos to be reco!ered in a proper action and may also be punished &or contempt, Penalty &or Eisobeying the 3rit A person to +hom a +rit is directed, +ho neglects or re&uses to obey or make return o& the same or makes &alse return thereo& or +ho, upon demand by or on behal& o& the prisoner, re&uses to deli!er to the person so demanding +ithin G hours a&ter the demand there&ore a true copy o& the +arrant or order o& commitment shall &or&eit to the party aggrie!ed one thousand pesos to be reco!ered in a proper action and may also be punished &or contempt, Record o& 3rit -he proceedings upon a +rit o& habeas cor us shall be recorded by the clerk o& court, Fees and 'osts @pon the &inal disposition o& the proceedings, the court or .udge shall make such order as to costs as the case re/uires, -he &ees o& o&&icers and +itnesses shall be included in the costs ta2ed, %o o&&icer or person shall ha!e the right to demand payment in ad!ance o& any &ees to +hich he is entitled by !irtue o& the proceedings,

0,

*, J,

( pecial Proceedings)

11

3hen a person con&ined under color o& proceedings in a 'R*M*%AA case is discharged, the costs shall be ta2ed against the Republic o& the Philippines and paid out o& its -reasury, 3hen a person in custody by !irtue or under color o& proceedings in a '*"*A case is discharged, the costs shall be ta2ed against him or against the person +ho signed the application &or the +rit or both as the court shall direct, Writ of Habeas !orpus and Writ of 'andamus Distin1uis*ed

PH*%- HF 'HMPAR* H% 1D Ee&inition

:,3!,/ .8$P;/

M,%1,M;/

2D Purpose

A +rit commanding another to A 3rit commanding an produce the body o& a prisoner in&erior court, tribunal, board, at a designated time and place corporation or person to per&orm a particular duty resulting &rom the o&&icial station o& the party aD -o determine +hether or commanded not the detention is la+&ul bD -o liberate those aD -o compel the per&ormance imprisoned +ithout su&&icient o& a ministerial duty cause bD -o compel the per&ormance o& a duty re/uiring discretion only to the e2tent o& re/uiring to act but not ho+ to act aD *llegal con&inement or detention by +hich a person is depri!ed o& his liberty bD 3hen right&ul custody o& any person +ithheld &rom a person entitled thereto aD @nla+&ul neglect o& per&orming an act +hich the la+ speci&ically en.oins as a duty resulting &rom an o&&ice, trust or station bD @nla+&ul e2clusion o& another &rom the use and en.oyment o& a right or o&&ice to +hich such other is entitled Person aggrie!ed

5D Grounds

aD Party +hose relie& it is intended bD Person illegally detained cD Hther person on his behal& FD Applicant aD *& imprisoned or restrained by an o&&icer, directed to such o&&icer bD *& imprisoned or restrained by a person not an o&&icer, directed to an o&&icer 6D -o +hom directed upreme 'ourt 'ourt o& Appeals Regional -rial 'ourt

Eirected at any tribunal, corporation, board, o&&icer or person

upreme 'ourt

( pecial Proceedings)
'ourt o& Appeals Regional -rial 'ourt GD 3here &iled I *& it in!ol!es acts o& /uasi= .udicial agencies, petition &iled only in the 'ourt o& Appeals I May also be &ile in andiganbayan in aid o& its appellate .urisdiction

12

( pecial Proceedings)

13

WRIT O% AMPARO
$.'. (o. )*"+",-".!
I+ DE%INITION A petition &or a +rit o& amparo is a remedy a!ailable to any person +hose right to li&e, liberty and security is !iolated or threatened +ith !iolation by an unla+&ul act or omission o& a public o&&icial or employee, or o& a pri!ate indi!idual or entity, -he +rit shall co!er e2tralegal killings and en&orced disappearances or threats thereo&, 5.ec. ," $.'. (o. )*"+",-" .!6
- J,- aro<, +hich literally means ;to protect<, +as &irst adopted in Me2ico in 1769, - *n other .urisdictions, the +rit protects a (onstitutiona ri1*ts, +hile the Philippine !ersion o& the +rit o&

a- aro is limited on / to t*e ri1*t to ife0 ibert/ and se(urit/ of persons , since other constitutional rights o& our people are already en&orced o& our people are already en&orced through di&&erent remedies,
- *t co!ers bot* a(tua and t*reatened )io ations o& such rights (ommitted b/ bot* pub i( offi(ia s and

pri)ate indi)idua s or entities,

- -he +rit co!ers e2tralegal killings KBALsD and en&orced disappearances KBEsD,

II+ WHO MA@ %ILEA -he petition may be &iled by the aggrie!ed party or by any /uali&ied person or entity in the &ollo+ing order$ a, Any member of t*e immediate fami /, namely$ the spouse, children and parents o& the aggrie!ed party1 b, Any as(endant0 des(endant or (o atera re ati)e of t*e a11rie)ed part/ .it*in t*e fourt* (i)i de1ree o& consanguinity or a&&inity, in de&ault o& those mentioned in the preceding paragraph1 or c, An/ (on(erned (iti2en0 or1ani2ation0 asso(iation or institution , i& there is no kno+n member o& the immediate &amily or relati!e o& the aggrie!ed party,
- Ori1ina /4 -he right to sue belongs to the person +hose right to li&e, liberty and security is being threatened

by an unla+&ul act or omission, (aggrieve5 art))

- W*ere t*e .*ereabouts of t*e a11rie)ed part/ is un8no.n4 Petition may be &iled by /uali&ied persons or

entities enumerated in the Rule, (authori4e5 art))

- Reason for estab is*in1 an order for fi in1 t*e petition4 -o pre!ent the indiscriminate and groundless &iling

o& petitions &or a- aro +hich may pre.udice the li&e, liberty or security o& the aggrie!ed party,
- -he &iling o& a petition by an aggrie!ed party suspends the right o& all other authori>ed parties to &ile similar

petitions, Cut since the right to li&e, liberty and security o& a person is at stake, the &iling o& the petition by an authori>ed party on behal& o& the agreed party suspends the right o& all others, III+ %ILING
- -he petition may be fi ed on an/ da/, including

aturdays, undays and holidays1 and at an/ time, &rom

morning until e!ening,

- Reason4 Eue to the e2traordinary nature o& the +rit +hich protects the mother o& all rights ? the right to li&e, - -he a- aro petition may be &iled +ith$

KaD Re1iona Tria Court ha!ing territorial .urisdiction on the place +here the act or omission +as committed, or +here any o& its elements occurred, KbD Sandi1anba/an

( pecial Proceedings)
KcD Court of Appea s or an/ of its 'usti(es KdD Supreme Court or an/ of its 'usti(es

1!

R!LES4 1, 3hen issued by the R-' or any .udge thereo&$ the +rit shall be returnab e before t*e RTC or .udge, 2, 3hen issued by the /an5iganba)an or 'A or any o& their .ustices$ ma/ be returnab e before su(* (ourt or any .ustice thereo&, or to an/ RTC o& the place +here the !iolation +as committed, 5, 3hen issued by the ' or any o& its .ustices$ may be returnab e before t*e SC or any .ustice thereo&, or be&ore the .andiganbayan or t*e CA or any o& their .ustices, or to an/ RTC o& the place +here the !iolation took place,
- NO DOCBET AND OTHER LAW%!L %EES REC!IRED+ -he 'ommittee e2empted petitioners &rom

payment o& such &ees in &iling an a- aro petition since this e2traordinary +rit in!ol!es protection o& the right to li&e, liberty and security o& the person, -he en&orcement o& these sacrosanct rights should not be &rustrated by lack o& &inances, ID+ CONTENTS O% THE PETITION -he petition shall be signed and !eri&ied and shall allege the &ollo+ing$ a, -he personal circumstances o& the petitioner1 b, -he name and personal circumstances o& the respondent responsible &or the threat, act or omission, or, i& the name is unkno+n or uncertain, the respondent may be described by an assumed appellation1 c, -he right to li&e, liberty and security o& the aggrie!ed party !iolated or threatened +ith !iolation by an unla+&ul act or omission o& the respondent, and ho+ such threat or !iolation is committed +ith the attendant circumstances detailed in supporting a&&ida!its1 d, -he in!estigation conducted, i& any, speci&ying the names, personal circumstances, and addresses o& the in!estigating authority or indi!iduals, as +ell as the manner and conduct o& the in!estigation, together +ith any report1 e, -he actions and recourses taken by the petitioner to determine the &ate or +hereabouts o& the aggrie!ed party and the identity o& the person responsible &or the threat, act or omission1 and &, -he relie& prayed &or, /.ec. 0, $.'. (o. )*"+",-".!1
- Pars, KaD and KbD are necessary to identi&y the petitioner and respondent, - Par, KcD re/uires petitioner to allege the cause o& action in a complete manner as possible,M - Par, KdD is necessary to determine +hether the act or omission o& the respondent satis&ies the standard o&

conduct set by the Rule

- Par, KeD is intended to pre!ent the premature use, i& not misuse, o& the +rit &or a &ishing e2pedition,

D+ ISS!ANCE
- @pon &iling o& the petition, the court, .ustice or .udge s*a IMMEDIATEL@ order t*e issuan(e of t*e .rit,

+hen on the &ace o& the petition, it ought to issue, - -he +rit shall be issued by the clerk o& court under the seal o& the court1 or in case o& urgent necessity, the .udge or .ustice may issue the +rit, and may deputi>e any o&&icer or person to ser!e it, - A hearing o& the petition, +hich shall not be later than 9 days &rom the date o& issuance, shall be held, o *& petitioner is able to pro!e his cause o& action a&ter the hearing, the pri)i e1e of t*e .rit shall be granted, DI+ SERDICE
- er!ed against the respondent by a 'udi(ia offi(er or b/ a person deputi2ed b/ t*e (ourt0 'usti(e or 'ud1e+ - Persona Ser)i(e is the pre&erred manner o& ser!ice o& the +rit,

( pecial Proceedings)
o I% CANNOT &E MADE4 Rules on substituted ser!ice +ill apply, DII+ RET!RN

1"

CONTENTS a, -he la+&ul de&enses to sho+ that the respondent did not !iolate or threaten +ith !iolation the right to li&e, liberty and security o& the aggrie!ed party, through any act or omission1 b, -he steps or actions taken by the respondent to determine the &ate or +hereabouts o& the aggrie!ed party and the person or persons responsible &or the threat, act or omission1 c, All rele!ant in&ormation in the possession o& the respondent pertaining to the threat, act or omission against the aggrie!ed party1 and d, *& the respondent is a public o&&icial or employee, the return shall &urther state the actions that ha!e been or +ill still be taken$ i, to !eri&y the identity o& the aggrie!ed party1 ii, to reco!er and preser!e e!idence related to the death or disappearance o& the person identi&ied in the petition +hich may aid in the prosecution o& the person or persons responsible1 iii, to identi&y +itnesses and obtain statements &rom them concerning the death or disappearance1 i!, to determine the cause, manner, location and time o& death or disappearance as +ell as any pattern or practice that may ha!e brought about the death or disappearance1 !, to identi&y and apprehend the person or persons in!ol!ed in the death or disappearance1 and !i, to bring the suspected o&&enders be&ore a competent court,
- W*en to fi e4 3ithin -

B"B%-#=-3H K92D 0H@R a&ter the ser!ice o& the +rit, the respondents shall submit a )erified .ritten return+ A detai ed return is important$ o help determine +hether the respondent &ul&illed the standard o& conduct re/uired by the Rule, o a!oid the ine&&ecti!eness o& the 6rit o2 habeas cor us, +here o&ten the respondent makes a simple denial in the return that he or she has custody o!er the missing person, and the petition is dismissed, No 1enera denia + -he policy is to re/uire re!elation o& all e!idence rele!ant to the resolution o& the petition, Defenses not p eaded is deemed .ai)ed+ -his is in consonance +ith the summary nature o& the proceedings and to pre!ent its delay, Effe(t of %ai ure to %i e Return4 B2 parte 0earing1 the hearing should not be delayed by the &ailure o& the respondent to &ile a return, other+ise the rights o& a person sought to be protected by the Rule +ould be easily &rustrated, Effe(t of Refusa to Ma8e a Return or Ma8es a %a se Return4 Punishable by contempt, -he person held in contempt may be imprisoned or imposed a &ine, PROHI&ITED PLEADINGS AND MOTIONS

DIII+

-he &ollo+ing pleadings and motions are prohibited$ a, Motion to dismiss1 b, Motion &or e2tension o& time to &ile return, opposition, a&&ida!it, position paper and other pleadings1 c, Eilatory motion &or postponement1 d, Motion &or a bill o& particulars1 e, 'ounterclaim or cross=claim1 &, -hird=party complaint1 g, Reply1 h, Motion to declare respondent in de&ault1 i, *nter!ention1 ., Memorandum1

( pecial Proceedings)
k, l, Motion &or reconsideration o& interlocutory orders or interim relie& orders1 and Petition &or certiorari, mandamus or prohibition against any interlocutory order,

1#

- Rationa e4 o that the proceedings in the hearing shall be e2pedited,

IE+ HEARING
- Nature4 -he hearing on the petition shall be summar/ and be held day to day until completed, - &!T, the court, .ustice or .udge, using reasonable discretion, ma/ (ondu(t a pre iminar/ (onferen(e, i&

such +ill aid in the speedy disposition o& the petition, E+ INTERIM RELIE%S "+ $+ 3+ 9+ Temporar/ Prote(tion Order 5TPO6 Inspe(tion Order 5IO6 Produ(tion Order 5PO6 Witness Prote(tion Order 5WPO6

- -he interim relie&s a!ailable to the parties are distinct &eatures o& the +rit o& a- aro, ome o& these relie&s

can be gi!en immediately a&ter the &iling o& the petition -otu ro rio or at any time be&ore .udgment, Temporary &rotection 2rder /T&21 - -he court, .ustice or .udge, upon motion or motu proprio, may order that the petitioner or the aggrie!ed party and any member o& his immediate &amily be protected in a go!ernment agency or by an accredited person or pri!ate institution capable o& keeping and securing their sa&ety, - Reason4 Grant o& such order is essentia because their li!es and sa&ety may be at higher risk once they &ile the a- aro petition, - A((reditation4 -o ensure their capability, the ' shall accredit the persons and pri!ate institutions that shall e2tend temporary protection, 3nspection 2rder /321 - -he court, .ustice or .udge, upon )erified motion and after due *earin1 , may order any person in possession or control o& a designated land or other property, to permit entry &or the purpose o& inspecting, measuring, sur!eying, or photographing the property or any rele!ant ob.ect or operation thereon, - -he sensiti)e nature of an inspe(tion order re/uires that it shall be the sub.ect o& a motion and shall be duly heard, - *t may be a)ai ed of b/ bot* petitioner and respondent+ - -o pre)ent misuse, the petition shall K1D state in suffi(ient detai the place or places to be inspected1 K2D be under oat* and should ha!e supportin1 affida)its1 and K5Dspeci&y the persons aut*ori2ed to ma8e t*e inspe(tion as +ell as the date0 time0 p a(e and manner o& making the inspection, - If OPPOSED on t*e 1round of Nationa Se(urit/ or of t*e Pri)i e1ed nature of t*e information4 -he court, .ustice or .udge ma/ COND!CT A HEARING IN CHAM&ERS to determine the merit o& the opposition, - LI%ETIME O% THE WRIT4 Aimited li&etime o& &i!e K6D days, but can be e2tended under .usti&iable circumstances, - Remed/0 .*en t*ere is 1ra)e abuse of dis(retion in issuin1 t*e inspe(tion order4 Petition &or .ertiorari +ith the ', &roduction 2rder /&21 - -he court, .ustice or .udge, upon )erified motion and after due *earin1 , may order any person in possession, custody or control o& any designated documents, papers, books, accounts, letters, photographs, ob.ects or tangible things, or ob.ects in digiti>ed or electronic &orm, +hich constitute or contain e!idence rele!ant to the petition or the return, to produce and permit their inspection, copying or photographing by or on behal& o& the mo!ant,

( pecial Proceedings)
- A!ailable to bot* petitioner and respondent , considering its sensiti!e nature and s*a

1$

on / be 1ranted upon motion and after *earin1+ - If OPPOSED on t*e 1round of Nationa Se(urit/ or of t*e Pri)i e1ed nature of t*e information4 -he court, .ustice or .udge ma/ COND!CT A HEARING IN CHAM&ERS to determine the merit o& the opposition, Witness &rotection 2rder /W&21 - -he court, .ustice or .udge, upon motion or motu proprio, may re&er the +itnesses to the Eepartment o& Justice &or admission to the 3itness Protection, ecurity and Cene&it Program, pursuant to Republic Act %o, G781, - If .itness (annot be a((ommodated b/ t*e DOF or if *e refuses t*e prote(tion of t*e DOF4 -he court, .ustice or .udge may re&er the +itness to another go!ernment agency or to an accredited person or pri!ate institution, INTERIM RELIE%S O% RESPONDENT - @pon !eri&ied motion o& the respondent and a&ter hearing, an IO or PO ma/ be issued, - -his +ill ensure fairness in t*e pro(eedin1s , since there may be instances in +hich the respondents +ould need to a!ail themsel!es o& these relie&s to protect their rights or to pro)e t*eir defenses, - Motion for Inspe(tion Order b/ Respondent4 hall be supported by a&&ida!its or testimonies o& +itnesses ha!ing personal kno+ledge o& the de&enses o& the respondent4s, EI+ &!RDEN O% PROO% AND STANDARD O% DILIGENCE
- Parties are to establish their claims by substantia e)iden(e+ - STANDARD O% DILIGENCE4

o Pri)ate Indi)idua or Entit/ as Respondent , Pro!e that HRE*%AR# E*A*GB%'B as re/uired by applicable la+s, rules and regulations +as obser!ed in the per&ormance o& duty, o Pub i( Offi(ia or Emp o/ee as Respondent , Pro!e that BN-RA=HRE*%AR# E*A*GB%'B as re/uired by applicable la+s, rules and regulations +as obser!ed in the per&ormance o& duty EII+ F!DGMENT
- -he court shall render 'ud1ment .it*in ten 5"#6 da/s &rom the time petition is submitted &or decision, - -he short period is demanded by the e2traordinary nature o& the +rit, - If a e1ations are pro)en b/ substantia e)iden(e4 'ourt shall GRA%- the pri!ilege o& the +rit and such

relie&s as may be proper and appropriate, other6ise, it shall be EB%*BE,

- Effe(t of Dismissa b/ %AIL!RE to present substantia e)iden(e4 -he court shall %H- E* M*

the petition, but shall AR'0*"B it, i& upon its determination, it cannot proceed &or a !alid cause, o REDIDAL O% ARCHIDED PETITION4 A periodic re!ie+ shall be made by the court and shall -otu ro rio or upon motion o& any party order its re!i!al +hen ready &or &urther proceedings, o DISMISSAL O% PETITION A%TER IT HAS &EEN ARCHIDED4 -he petition shall be DISMISSED WITH PREF!DICE upon fai ure to prose(ute the case a&ter the lapse o& t+o K2D years &rom notice to the petitioner o& the order archi!ing the case, APPEAL Any party &rom the &inal .udgment or order o& TO THE S!PREME CO!RT under Ru e 9:+ -he appeal may raise /uestions o& &act or la+ or both, Period of Appea 4 Fi!e K6D +orking days &rom the date o& notice o& the ad!erse .udgment, Appeal shall be gi!en the same priorit/ as in habeas corpus cases, Order to ar(*i)e petition NOT APPEALA&LE+ -his is an *%-BRAH'@-HR# HREBR not sub.ect o& an appeal, *nstead, a motion to re!i!e the petition may be &iled i& petitioner disagrees +ith the archi!al or &eels ready to proceed +ith the petition, INSTIT!TION O% SEPARATE ACTIONS

EIII+
-

EID+

( pecial Proceedings)

1%

- -he +rit o& amparo partakes the nature of a prero1ati)e .rit, not a criminal, ci!il or administrati!e suit,

-hus, it DOES NOT S!SPEND t*e fi in1 of (rimina 0 (i)i or administrati)e a(tions+
- %ot a criminal proceeding, thus, it +ill not determine the criminal guilt o& the respondent, C@-, i& the

e!idence so +arrants, the a- aro court may re&er the case to the EHJ &or criminal prosecution, - E%%ECT O% %ILING A SEPARATE CRIMINAL ACTION4 o Institute5 3!08$! the 2iling o2 a etition 2or 6rit o2 a- aro " %H BPARA-B PB-*-*H% &or the +rit o& amparo shall be &iled, -he relie&s under the +rit shall be a!ailable C# MH-*H% in the criminal case, o Institute5 ,0=!$ the 2iling o2 a etition 2or 6rit o2 a- aro , the petition &or the +rit shall be 'H% HA*EA-BE +ith the criminal action, o .ri-inal an5 a se arate civil action are institute5 ,0=!$ a etition 2or the 6rit o2 a- aro has alrea5) been 2ile5, the petition shall be 'H% HA*EA-BE 3*-0 -0B 'R*M*%AA A'-*H%, ED+ OTHER R!LESGDOCTRINES
- -he rule does not diminish, increase or modi&y substanti!e rights recogni>ed and protected by the

'onstitution, /.ec. -0, $.'. (o. )*"+",-".!1

- -he Ru es of Court app / in a S!PPLETOR@ manner in so &ar as they are inconsistent +ith the rule o&

a- aro. /.ec. -4, $.'. (o. )*"+",-".!1 - -he rule o& a- aro shall go!ern cases in!ol!ing BALs and BEs pendin1 in tria (ourts and appe ate (ourts, /.ec. -5" $.'. (o. )*"+",-".!1 - Writ Of Amparo Case Do(trines o -he threatened demolition o& a d+elling by !irtue o& a &inal .udgment o& the court is not included among the enumeration o& rights as stated in ection 1 &or +hich the remedy o& a 6rit o2 a- aro is made a!ailable, -heir claim to their d+elling, assuming they still ha!e any despite the &inal and e2ecutory .udgment ad!erse to them, does not constitute right to li&e, liberty and security, -here is, there&ore, no legal basis &or the issuance o& the 6rit o2 a- aro, %o 6rit o2 a- aro may be issued unless there is a clear allegation o& the supposed &actual and legal basis o& the right sought to be protected, @nder ection G o& the same rules, the court shall issue the +rit upon the &iling o& the petition, only i& on its &ace, the court ought to issue said +rit, -his ne+ remedy o& 6rit o2 a- aro +hich is made a!ailable by this 'ourt is intended &or the protection o& the highest possible rights o& any person, +hich is his or her right to li&e, liberty and security, -he 'ourt +ill not spare any time or e&&ort on its part in order to gi!e priority to petitions o& this nature, 0o+e!er, the 'ourt +ill also not +aste its precious time and e&&ort on matters not co!ered by the +rit, KARMANDO C+ CANLAS et+ a + )s+ NAPICO HOMEOWNERS ASSHN+0 I , EIII0 INC+0 ET AL+0 G+R+ No+ "=$<>:0 Fune :0 $##=6 o -he +rit o& amparo +as originally concei!ed as a response to the e2traordinary rise in the number o& killings and en&orced disappearances, and to the percei!ed lack o& a!ailable and e&&ecti!e remedies to address these e2traordinary concerns, *t is intended to address !iolations o& or threats to the rights to li&e, liberty or security, as an e2traordinary and independent remedy beyond those a!ailable under the pre!ailing Rules, or as a remedy supplemental to these Rules, W*at it is not0 is a .rit to prote(t (on(erns t*at are pure / propert/ or (ommer(ia + Neit*er is it a .rit t*at .e s*a issue on amorp*ous and un(ertain 1rounds, -he +rit shall issue i& the 'ourt is preliminarily satis&ied +ith the prima &acie e2istence o& the ultimate &acts determinable &rom the supporting a&&ida!its that detail the circumstances o& ho+ and to +hat e2tent a threat to or !iolation o& the rights to li&e, liberty and security o& the aggrie!ed party +as or is being committed, 3hen recourses in the ordinary course o& la+ &ail because o& de&icient legal representation or the use o& improper remedial measures, neither the +rit o& certiorari nor that o& amparo = e2traordinary though they may be = +ill su&&ice to ser!e as a curati!e substitute, -he +rit o& amparo, particularly, should not

( pecial Proceedings)

1&

issue +hen applied &or as a substitute &or the appeal or certiorari process, or +hen it +ill inordinately inter&ere +ith these processes = the situation obtaining in the present case, 3hile +e say all these, +e note too that the Rule on the 3rit o& Amparo pro!ides &or rules on the institution o& separate actions, &or the e&&ect o& earlier=&iled criminal actions, and &or the consolidation o& petitions &or the issuance o& a +rit o& amparo +ith a subse/uently &iled criminal and ci!il action, -hese rules +ere adopted to promote an orderly procedure &or dealing +ith petitions &or the issuance o& the +rit o& amparo +hen the parties resort to other parallel recourses, 3here, as in this case, there is an ongoing ci!il process dealing directly +ith the possessory dispute and the reported acts o& !iolence and harassment, +e see no point in separately and directly inter!ening through a +rit o& amparo in the absence o& any clear ri-a 2acie sho+ing that the right to li&e, liberty or security = the ersonal concern that the +rit is intended to protect = is immediately in danger or threatened, or that the danger or threat is continuing, 3e see no legal bar, ho+e!er, to an application &or the issuance o& the +rit, in a ro er case, by motion in a pending case on appeal or on certiorari, applying by analogy the pro!isions on the co=e2istence o& the +rit +ith a separately &iled criminal case, K TAP!I et+ a + )s+ DEL ROSARIO et+ A +0 G+R+ No+ "=$9=90 Fune "<0 $##=6+ o As t*e Amparo Ru e .as intended to address t*e intra(tab e prob em of Je-tra e1a 8i in1sJ and Jenfor(ed disappearan(es0J its (o)era1e0 in its present form0 is (onfined to t*ese t.o instan(es or to t*reats t*ereof+ OB2tralegal killingsO are Okillings committed +ithout due process o& la+, i,e,, +ithout legal sa&eguards or .udicial proceedings,O Hn the other hand, Oen&orced disappearancesO are Oattended by the &ollo+ing characteristics$ an arrest, detention or abduction o& a person by a go!ernment o&&icial or organi>ed groups or pri!ate indi!iduals acting +ith the direct or indirect ac/uiescence o& the go!ernment1 the re&usal o& the tate to disclose the &ate or +hereabouts o& the person concerned or a re&usal to ackno+ledge the depri!ation o& liberty +hich places such persons outside the protection o& la+, -he remedy (o& the +rit o& amparo) pro!ides rapid .udicial relie& as it partakes o& a summary proceeding that re/uires only substantial e!idence to make the appropriate relie&s a!ailable to the petitioner1 it is not an action to determine criminal guilt re/uiring proo& beyond reasonable doubt, or liability &or damages re/uiring preponderance o& e!idence 0 or administrati)e responsibi it/ re?uirin1 substantia e)iden(e t*at .i re?uire fu and e-*austi)e pro(eedin1s , KSECRETAR@ O% NATIONAL DE%ENSE )s+ MANALO0 G+R+ No+ "=#>#;0 O(tober #<0 $##=6 -he co!erage o& the +rits o& amparo and habeas data is limited to the protection o& rights to ife0 ibert/ and se(urit/, And the +rits co!er not only actual but also threats o& unla+&ul acts or omissions, -o thus be co!ered by the pri!ilege o& the +rits, respondents must meet the threshold re/uirement that their right to li&e, liberty and security is !iolated or threatened +ith an unla+&ul act or omission, B!idently, the present contro!ersy arose out o& a property dispute bet+een the Pro!incial Go!ernment and respondents, Absent any considerable ne2us bet+een the acts complained o& and its e&&ect on respondents: right to li&e, liberty and security, the 'ourt +ill not del!e on the propriety o& petitioners: entry into the property, Although respondents: release &rom con&inement does not necessarily hinder supplication &or the +rit o& amparo, absent any e!idence or e!en an allegation in the petition that there is undue and continuing restraint on their liberty, and4or that there e2ists threat or intimidation that destroys the e&&icacy o& their right to be secure in their persons, the issuance o& the +rit cannot be .usti&ied, *t need not be underlined that respondents: petitions &or +rits o& amparo and habeas 5ata are e2traordinary remedies +hich cannot be used as tools to stall the e2ecution o& a &inal and e2ecutory decision in a property dispute, K CASTILLO et+ a + )s+ CR!I et+ a +0 G+R+ No+ "=$";:0 No)ember $:0 $##>6 -his Eecision re&lects the nature o& the 3rit o& Amparo ? a protecti!e remedy against !iolations or threats o& !iolation against the rights to li&e, liberty and security, *t does not determine guilt nor pinpoint criminal culpability &or the disappearance1 rather, it determines responsibility, or at least accountability, &or the

( pecial Proceedings)

2'

en&orced disappearance &or purposes o& imposing the appropriate remedies to address the disappearance, Responsibility re&ers to the e2tent the actors ha!e been established by substantial e!idence to ha!e participated in +hate!er +ay, by action or omission, in an en&orced disappearance, as a measure o& the remedies this 'ourt shall cra&t, among them, the directi!e to &ile the appropriate criminal and ci!il cases against the responsible parties in the proper courts, Accountability, on the other hand, re&ers to the measure o& remedies that should be addressed to those +ho e2hibited in!ol!ement in the en&orced disappearance +ithout bringing the le!el o& their complicity to the le!el o& responsibility de&ined abo!e1 or +ho are imputed +ith kno+ledge relating to the en&orced disappearance and +ho carry the burden o& disclosure1 or those +ho carry, but ha!e &ailed to discharge, the burden o& e2traordinary diligence in the in!estigation o& the en&orced disappearance, T*e burden for t*e pub i( aut*orities to dis(*ar1e in t*ese situations0 under t*e Ru e on t*e Writ of Amparo0 is t.ofo d+ T*e first is to ensure t*at a efforts at dis( osure and in)esti1ation are underta8en under pain of indire(t (ontempt from t*is Court .*en 1o)ernmenta efforts are ess t*an .*at t*e indi)idua situations re?uire+ T*e se(ond is to address t*e disappearan(e0 so t*at t*e ife of t*e )i(tim is preser)ed and *is or *er ibert/ and se(urit/ restored+ *n these senses, our orders and directi!es relati!e to the +rit are continuing e&&orts that are not truly terminated until the e2tra.udicial killing or en&orced disappearance is &ully addressed by the complete determination o& the &ate and the +hereabouts o& the !ictim, by the production o& the disappeared person and the restoration o& his or her liberty and security, and, in the proper case, by the commencement o& criminal action against the guilty parties, -he &ramers o& the Amparo Rule ne!er intended ection 6KcD to be complete in e!ery detail in stating the threatened or actual !iolation o& a !ictim:s rights, As in any other initiatory pleading, the pleader must o& course state the ultimate &acts constituting the cause o& action, omitting the e!identiary details, *n an Amparo petition, ho+e!er, this re/uirement must be read in light o& the nature and purpose o& the proceeding, +hich addresses a situation o& uncertainty1 the petitioner may not be able to describe +ith certainty ho+ the !ictim e2actly disappeared, or +ho actually acted to kidnap, abduct or arrest him or her, or +here the !ictim is detained, because these in&ormation may purposely be hidden or co!ered up by those +ho caused the disappearance, -o read the Rules o& 'ourt re/uirement on pleadings +hile addressing the uni/ue Amparo situation, the test in reading the petition should be to determine +hether it contains the details a!ailable to the petitioner under the circumstances, +hile presenting a cause o& action sho+ing a !iolation o& the !ictim:s rights to li&e, liberty and security through tate or pri!ate party action, -he petition should like+ise be read in its totality, rather than in terms o& its isolated component parts, to determine i& the re/uired elements ? namely, o& the disappearance, the tate or pri!ate action, and the actual or threatened !iolations o& the rights to li&e, liberty or security ? are present, *& a de&ect can at all be attributed to the petition, this de&ect is its lack o& supporting a&&ida!it, as re/uired by ection 6KcD o& the Amparo Rule, H+ing to the summary nature o& the proceedings &or the +rit and to &acilitate the resolution o& the petition, the Amparo Rule incorporated the re/uirement &or supporting a&&ida!its, +ith the annotation that these can be used as the a&&iant:s direct testimony, -his re/uirement, ho+e!er, should not be read as an absolute one that necessarily leads to the dismissal o& the petition i& not strictly &ollo+ed, ection 6KdD o& the Amparo Rule re/uires that prior in!estigation o& an alleged disappearance must ha!e been made, speci&ying the manner and results o& the in!estigation, B&&ecti!ely, this re/uirement seeks to establish at the earliest opportunity the le!el o& diligence the public authorities undertook in relation +ith the reported disappearance, ection 6KeD is in the Amparo Rule to pre!ent the use o& a petition ? that other+ise is not supported by su&&icient allegations to constitute a proper cause o& action ? as a means to O&ishO &or e!idence, ection 6KeD merely re/uires that the Amparo petitioner allege Othe actions and recourses taken to determine the &ate or +hereabouts o& the aggrie!ed party and the identity o& the person responsible &or the threat, act or omission,O -he characteristics o& being summary and the use o& substantial e!idence as the re/uired le!el o& proo& Kin contrast to the usual preponderance o& e!idence or proo& beyond reasonable doubt in court proceedingsD ? re!eal the clear intent o& the &ramers o& the Amparo Rule to ha!e the e/ui!alent o& an

( pecial Proceedings)

21

administrati!e proceeding, albeit .udicially conducted, in addressing Amparo situations, -he standard o& diligence re/uired ? the duty o& public o&&icials and employees to obser!e e2traordinary diligence ? point, too, to the e2traordinary measures e2pected in the protection o& constitutional rights and in the conse/uent handling and in!estigation o& e2tra=.udicial killings and en&orced disappearance cases, -hus, in these proceedings, the Amparo petitioner needs only to properly comply +ith the substance and &orm re/uirements o& a 3rit o& Amparo petition, and pro!e the allegations by substantial e!idence, Hnce a rebuttable case has been pro!en, the respondents must then respond and pro!e their de&enses based on the standard o& diligence re/uired, -he rebuttable case, o& course, must sho+ that an en&orced disappearance took place under circumstances sho+ing a !iolation o& the !ictim:s constitutional rights to li&e, liberty or security, and the &ailure on the part o& the in!estigating authorities to appropriately respond, KRAION0 FR et+ A + )s+ TAGITIS0 G+R+ No+ "=$9>=0 De(ember 30 $##>6+

WRIT O% HA&EAS DATA

5.it* Annotations from The 6awyer7s Review, 'arch 8,, -))91
*n general, the 3rit o& 0abeas Eata is designed to protect, by means o& an indi!idual complaint presented to a constitutional court, the image, pri!acy, honor, in&ormation, sel&=determination and &reedom o& in&ormation o& a person, -he upreme 'ourt in Argentina held that the habeas data rule applied implicitly to the &amilies o& the deceased in a case in!ol!ing e2tra.udicial killing and en&orced disappearance, -his +as a recognition o& the right o& &amilies o& the disappeared, usually !ictims o& the military regime, to re/uest access to police and military records other+ise closed to them= and, in essence, establishing a right to truth, -his right to truth entitles the &amilies o& disappeared persons to kno+ the totality o& circumstances surrounding the &ates o& their relati!es and imposes an obligation o& in!estigation on the part o& go!ernments, -he right to truth is a component o& the right to li&e, liberty and security, -he +rit o& habeas data +ill pro!ide people +ith additional remedy that +ould hope&ully terminate the e2tra.udicial killings and en&orced disappearances plaguing the country, Se(tion "+ Habeas Data+ K T*e .rit of *abeas data is a remed/ a)ai ab e to an/ person .*ose ri1*t to pri)a(/ in ife0 ibert/ or se(urit/ is )io ated or t*reatened b/ an un a.fu a(t or omission of a pub i( offi(ia or emp o/ee0 or of a pri)ate indi)idua or entit/ en1a1ed in t*e 1at*erin10 (o e(tin1 or storin1 of data or information re1ardin1 t*e person0 fami /0 *ome and (orresponden(e of t*e a11rie)ed part/+ !overage. -his section de&ines the paramaters o& the +rit o& habeas 5ata. *t complements the 3rit o& Amparo to protect !ictims +hose right to li&e, liberty or security has been !iolated or threatened +ith !iolation by public authorities or by pri!ate persons or entities, -hrough the 6rit o2 habeas 5ata, the !ictim or the members o& his or her &amily can compel the respondents to re!eal such data or in&ormation necessary to en&orce their right to li&e, liberty or security, -he 6rit o2 habeas 5ata, ho+e!er can be a!ailed o& as an independent remedy to en&orce one:s right to pri!acy, more speci&ically the right to in&ormational pri!acy, -he remedies against the !iolation o& such right can include the updating, recti&ication, suppression or destruction o& the database or in&ormation or &iles in possession or in control o& respondents,

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Se(+ $+ W*o Ma/ %i e+ K An/ a11rie)ed part/ ma/ fi e a petition for t*e .rit of *abeas data+ Ho.e)er0 in (ases of e-tra e1a 8i in1s and enfor(ed disappearan(es0 t*e petition ma/ be fi ed b/4 5a6 An/ member of t*e immediate fami / of t*e a11rie)ed part/0 name /4 t*e spouse0 (*i dren and parents7 5b6 An/ as(endant0 des(endant or (o atera re ati)e of t*e a11rie)ed part/ .it*in t*e fourt* (i)i de1ree of (onsan1uinit/ or affinit/0 in defau t of t*ose mentioned in t*e pre(edin1 para1rap*7 Who 'ay :ile. -he right to pri!acy is a personal right1 hence, it is the aggrie!ed party +ho can seek the remedy o& the +rit i& habeas 5ata &or its en&orcement, 3here, ho+e!er, the petitioner is a minor or an incapacitated person or one +ho is not o& sound mind, or, in any case +here a legal guardian is re/uired, then such legal guardian may &ile the petition &or and on behal& o& the +ard in accordance +ith the Rules o& 'ourt, +hich applies suppletorily &or the purpose o& this Rule, *n cases in!ol!ing e2tra.udicial killings and disappearances, ho+e!er, the +rit may be &iled by members o& the &amily o& the aggrie!ed party &ollo+ing an order o& priority, -he same rule applied to the +rit o& amparo, Se(+ 3+ W*ere to %i e+ K T*e petition ma/ be fi ed .it* t*e Re1iona Tria Court .*ere t*e petitioner or respondent resides0 or t*at .*i(* *as 'urisdi(tion o)er t*e p a(e .*ere t*e data or information is 1at*ered0 (o e(ted or stored0 at t*e option of t*e petitioner+ T*e petition ma/ a so be fi ed .it* t*e Supreme Court or t*e Court of Appea s or t*e Sandi1anba/an .*en t*e a(tion (on(erns pub i( data fi es of 1o)ernment offi(es+ !ourts Where &etitioner 'ay be :iled+ Regional -rial 'ourts KR-'sD are the primary !enues &or the &iling o& the 6rit o2 habeas 5ata, -hese courts are spread all o!er the country, -he petition usually in!ol!es determination o& &acts +hich trial courts can better resol!e, 0o+e!er, the upreme 'ourt, the 'ourt o& Appeals, or the andiganbayan may also entertain the petition especially +here it in!ol!es public data &ile o& go!ernment o&&ices, Se(+ 9+ W*ere Returnab e7 Enfor(eab e+ K W*en t*e .rit is issued b/ a Re1iona Tria Court or an/ 'ud1e t*ereof0 it s*a be returnab e before su(* (ourt or 'ud1e+ W*en issued b/ t*e Court of Appea s or t*e Sandi1anba/an or an/ of its 'usti(es0 it ma/ be returnab e before su(* (ourt or an/ 'usti(e t*ereof0 or to an/ Re1iona Tria Court of t*e p a(e .*ere t*e petitioner or respondent resides0 or t*at .*i(* *as 'urisdi(tion o)er t*e p a(e .*ere t*e data or information is 1at*ered0 (o e(ted or stored+ W*en issued b/ t*e Supreme Court or an/ of its 'usti(es0 it ma/ be returnab e before su(* Court or an/ 'usti(e t*ereof0 or before t*e Court of Appea s or t*e Sandi1anba/an or an/ of its 'usti(es0 or to an/ Re1iona Tria Court of t*e p a(e .*ere t*e petitioner or respondent resides0 or t*at .*i(* *as 'urisdi(tion o)er t*e p a(e .*ere t*e data or information is 1at*ered0 (o e(ted or stored+ T*e .rit of *abeas data s*a be enfor(eab e an/.*ere in t*e P*i ippines+ Return of Writ+ -his section is a modi&ied !ersion o& the corresponding pro!ision on the rule o& the +rit o& amparo because the habeas 5ata +rit may be made returnable to the R-' that has .urisdiction o!er the place +here the data or in&ormation is gathered, collected or stores as 2oru- actus= the &orum o& the place +here the act in /uestion +as done, Se(+ :+ Do(8et %ees+ K No do(8et and ot*er a.fu fees s*a be re?uired from an indi1ent petitioner+ T*e petition of t*e indi1ent s*a be do(8ed and a(ted upon immediate /0 .it*out pre'udi(e to subse?uent submission of proof of indi1en(/ not ater t*an fifteen 5":6 da/s from t*e fi in1 of t*e petition+

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&artial ;xemption. *ndigents are e2empted &rom payment o& docket &ees in accord +ith the 'ourt:s policy o& +idening the poor:s access to .ustice, 0o+e!er, considering that the petition +ill entail costs in logistics and documentary production, docket &ees shall be paid by those +ith the capacity to pay, Se(+ ;+ Petition+ K A )erified .ritten petition for a .rit of *abeas data s*ou d (ontain4 5a6 T*e persona (ir(umstan(es of t*e petitioner and t*e respondent7 5b6 T*e manner t*e ri1*t to pri)a(/ is )io ated or t*reatened and *o. it affe(ts t*e ri1*t to ife0 ibert/ or se(urit/ of t*e a11rie)ed part/7 5(6 T*e a(tions and re(ourses ta8en b/ t*e petitioner to se(ure t*e data or information7 5d6 T*e o(ation of t*e fi es0 re1isters or databases0 t*e 1o)ernment offi(e0 and t*e person in (*ar1e0 in possession or in (ontro of t*e data or information0 if 8no.n7 5e6 T*e re iefs pra/ed for0 .*i(* ma/ in( ude t*e updatin10 re(tifi(ation0 suppression or destru(tion of t*e database or information or fi es 8ept b/ t*e respondent+ In (ase of t*reats0 t*e re ief ma/ in( ude a pra/er for an order en'oinin1 t*e a(t (omp ained of7 and 5f6 Su(* ot*er re e)ant re iefs as are 'ust and e?uitab e+ !ontent+ -he pro!ision re/uires speci&ic and !eri&ied allegations in support o& the petitioner:s cause o& action, *t also re/uires the petitioner to allege the courses o& action he or she has undertaken to protect the right to pri!acy or the right to li&e, liberty or security o& the petitioner, All re/uirements are intended to pre!ent the misuse i& the +rit &or ;&ishing e2pedition< purposes, Se(+ <+ Issuan(e of t*e Writ+ K !pon t*e fi in1 of t*e petition0 t*e (ourt0 'usti(e or 'ud1e s*a immediate / order t*e issuan(e of t*e .rit if on its fa(e it ou1*t to issue+ T*e ( er8 of (ourt s*a issue t*e .rit under t*e sea of t*e (ourt and (ause it to be ser)ed .it*in t*ree 536 da/s from t*e issuan(e7 or0 in (ase of ur1ent ne(essit/0 t*e 'usti(e or 'ud1e ma/ issue t*e .rit under *is or *er o.n *and0 and ma/ deputi2e an/ offi(er or person ser)e it+ T*e .rit s*a a so set t*e date and time for summar/ *earin1 of t*e petition .*i(* s*a not be ater t*an ten 5"#6 .or8 da/s from t*e date of its issuan(e+ 3ssuance+ -he +rit is issued as a matter o& course +hen on the &ace o& the petition it ought to issue, -he +rit +ill re/uire respondent to &ile a return, +hich is the comment or ans+er to the petition, -he pro!ision re/uires that the +rit should set the date o& summary hearing on the petition, +hich shall not be later than ten K10D +ork days &rom the date o& the issuance o& the +rit Se(+ =+ Pena t/ for Refusin1 to Issue or Ser)e t*e Writ+ K A ( er8 of (ourt .*o refuses to issue t*e .rit after its a o.an(e0 or a deputi2ed person .*o refuses to ser)e t*e same0 s*a be punis*ed b/ t*e (ourt0 'usti(e or 'ud1e for (ontempt .it*out pre'udi(e to ot*er dis(ip inar/ a(tions+ &enalties, -he pro!ision is a modi&ied !ersion o& a similar pro!ision in Rule 102, go!erning petitions &or a +rit o& habeas 5ata. Se(+ >+ Ho. t*e Writ is Ser)ed+ K T*e .rit s*a be ser)ed upon t*e respondent b/ a 'udi(ia offi(er or b/ a person deputi2ed b/ t*e (ourt0 'usti(e or 'ud1e .*o s*a retain a (op/ on .*i(* to ma8e a return of ser)i(e+ In (ase t*e .rit (annot be ser)ed persona / on t*e respondent0 t*e ru es on substituted ser)i(e s*a app /+ 'anner of .ervice+ -he +rit should be ser!ed against the respondent in person, *& personal ser!ice cannot be made, the rules on submitted ser!ice shall apply, -his +ill a!oid the situation in +hich a public respondent in the military4police ser!ice +ould be con!eniently assigned to a ;secret mission< to &rustrate personal ser!ice,

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Se(+ "#+ Return7 Contents+ K T*e respondent s*a fi e a )erified .ritten return to1et*er .it* supportin1 affida)its .it*in fi)e 5:6 .or8in1 da/s from ser)i(e of t*e .rit0 .*i(* period ma/ be reasonab / e-tended b/ t*e Court for 'ustifiab e reasons+ T*e return s*a 0 amon1 ot*er t*in1s0 (ontain t*e fo o.in14 5a6 T*e a.fu defenses su(* as nationa se(urit/0 state se(rets0 pri)i e1ed (ommuni(ations0 (onfidentia it/ of t*e sour(e of information of media and ot*ers 5b6 In (ase of respondent in (*ar1e0 in possession or in (ontro of t*e data or information sub'e(t of t*e petitionK i+6 a dis( osure of t*e data or information about t*e petitioner0 t*e nature of su(* data or information0 and t*e purpose for its (o e(tion7 ii+6 t*e steps or a(tions ta8en b/ t*e respondent to ensure t*e se(urit/ and (onfidentia it/ of t*e data or information7 and iii+6 t*e (urren(/ and a((ura(/ of t*e data or information *e d7 and0 5(6 Ot*er a e1ations re e)ant to t*e reso ution of t*e pro(eedin1+ A 1enera denia of t*e a e1ations in t*e petition s*a not be a o.ed+ !ontents of the Return+ -he respondent shall submit a !eri&ied +ritten return to ans+er the allegations o& the petition, General denials +ill not su&&ice, -he respondent may interpose his or her la+&ul de&ense +hich may include nondisclosure o& data or in&ormation that in!ol!es national security, a state secret, pri!ileged in&ormation or other de&enses sanctioned by la+, the Rules o& 'ourt and decisions o& the upreme 'ourt, 3here the respondent is in charge, in possession or in control i& data or in&ormation, the respondent is re/uired to disclose the steps or actions he or she has taken to ensure the security or con&identiality and accuracy o& the in&ormation, Again, this re/uirement is intended to strengthen the right to pri!acy, Se(+ ""+ Contempt+ K T*e (ourt0 'usti(e or 'ud1e ma/ punis* .it* imprisonment or fine a respondent .*o (ommits (ontempt b/ ma8in1 a fa se return0 or refusin1 to ma8e a return7 or an/ person .*o ot*er.ise disobe/s or resist a a.fu pro(ess or order of t*e (ourt+ !ontempt+ -he po+er to cite &or contempt is an inherent po+er o& a court to compel obedience to its orders and to preser!e the integrity o& the .udiciary, A &inding o& contempt o& court may result &rom making a &alse return +hich is tantamount to not making a return1 a re&usal to make a return1 disobedience to a la+&ul order1 and resistance to a la+&ul process, A &ine or an imprisonment may be imposed on a person &ound guilty o& contempt o& court in accordance +ith the Rules o& 'ourt, Se(+ "$+ W*en Defenses Ma/ be Heard in C*ambers+ K A *earin1 in (*ambers ma/ be (ondu(ted .*ere t*e respondent in)o8es t*e defense t*at t*e re ease of t*e data or information in ?uestion s*a (ompromise nationa se(urit/ or state se(rets0 or .*en t*e data or information (annot be di)u 1ed to t*e pub i( due to its nature or pri)i e1ed (*ara(ter+ efenses. -here are de&enses that cannot be heard in open court in !ie+ o& their con&idential nature, -hey should be heard and e2amined by the 'ourt in chambers +ith proper precautions to sa&eguard their secrecy, Respondents, ho+e!er, are duty=bound to disclose them to the 'ourt, Se(+ "3+ Pro*ibited P eadin1s and Motions+ K T*e fo o.in1 p eadin1s and motions are pro*ibited4 5a6 Motion to dismiss7 5b6 Motion for e-tension of time to fi e return0 opposition0 affida)it0 position paper and ot*er p eadin1s7 5(6 Di ator/ motion for postponement7 5d6 Motion for a bi of parti(u ars7 5e6 Counter( aim or (rossK( aim7

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5f6 T*irdKpart/ (omp aint7 516 Rep /7 5*6 Motion to de( are respondent in defau t7 5i6 Inter)ention7 5'6 Memorandum7 586 Motion for re(onsideration of inter o(utor/ orders or interim re ief orders7 and 5 6 Petition for (ertiorari0 mandamus or pro*ibition a1ainst an/ inter o(utor/ order+

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&rohibited &leadings+ -he enumerated pleadings and motions are prohibited to e2pedite the proceedings, ince the right to li&e, liberty or security o& a person is at stake, the proceedings should not be delayed, -he right to pri!acy is similarly important, !ertiorari <urisdiction of the .upreme !ourt + *& the court, .ustice or .udge gra!ely abuses his or her discretion in issuing orders, as +hen they +ill compromise national security, the aggrie!ed party is not precluded &rom &iling a petition &or certiorari +ith the upreme 'ourt, +hich under the 'onstitution, may not be depri!ed o& its certiorari .urisdiction, Se(+ "9+ Return7 %i in1+ K In (ase t*e respondent fai s to fi e a return0 t*e (ourt0 'usti(e or 'ud1e s*a pro(eed to *ear t*e petition e- parte0 1rantin1 t*e petitioner su(* re ief as t*e petition ma/ .arrant un ess t*e (ourt in its dis(retion re?uires t*e petitioner to submit e)iden(e+ ;x &arte Hearing. @pon &ailure to &ile a return, the 'ourt should proceed to hear the petition e> arte, *t may re/uire the petitioner to present &urther e!idence in support o& his or her allegations and, upon that basis, render .udgment, Se(+ ":+ Summar/ Hearin1+ K T*e *earin1 on t*e petition s*a be summar/+ Ho.e)er0 t*e (ourt0 'usti(e or 'ud1e ma/ (a for a pre iminar/ (onferen(e to simp if/ t*e issues and determine t*e possibi it/ of obtainin1 stipu ations and admissions from t*e parties+ .ummary (ature+ -he habeas 5ata hearing is summary in nature and is held &rom day to day until completed, -he right to li&e, liberty or security and the right to pri!acy need immediate !indication, Ce that as it may, the court, .ustice, or .udge using reasonable discretion, is not precluded &rom holding a preliminary con&erence, i& such con&erence +ill aid in the speedy disposition o& the position, Se(+ ";+ Fud1ment+ K T*e (ourt s*a render 'ud1ment .it*in ten 5"#6 da/s from t*e time t*e petition is submitted for de(ision+ If t*e a e1ations in t*e petition are pro)en b/ substantia e)iden(e0 t*e (ourt s*a en'oin t*e a(t (omp ained of0 or order t*e de etion0 destru(tion0 or re(tifi(ation of t*e erroneous data or information and 1rant ot*er re e)ant re iefs as ma/ be 'ust and e?uitab e7 ot*er.ise0 t*e pri)i e1e of t*e .rit s*a be denied+ !pon its fina it/0 t*e 'ud1ment s*a be enfor(ed b/ t*e s*eriff or an/ a.fu offi(ers as ma/ be desi1nated b/ t*e (ourt0 'usti(e or 'ud1e .it*in fi)e 5:6 .or8in1 da/s+ .peedy <udgment. -he court, .ustice or .udge is obliged to render .udgment +ithin ten K10D days a&ter submission o& the petition &or decision, -he short period is demanded by the e2traordinary nature o& the +rit, .tandard of <udgment. 3here the allegations o& the petition are pro!en by substantial e!idence, the pri!ilege o& the +rit shall be granted, *n case o& threats, the court shall en.oin the act complained o&, *n case the data or in&ormation ha!e already been gathered, collected or stored, the court shall order their deletion, destruction, or recti&ication s prayed &or in the petition, *t may issue other rele!ant relie&s as may be .ust and e/uitable,

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-he court shall deny the pri!ilege o& the +rit and dismiss the petition in case the allegations o& the petition are not pro!en by substantial e!idence, Se(+ "<+ Return of Ser)i(e+ K T*e offi(er .*o e-e(uted t*e fina 'ud1ment s*a 0 .it*in t*ree 536 da/s from its enfor(ement0 ma8e a )erified return to t*e (ourt+ T*e return s*a (ontain a fu statement of t*e pro(eedin1s under t*e .rit and a (omp ete in)entor/ of t*e database or information0 or do(uments and arti( es inspe(ted0 updated0 re(tified0 or de eted0 .it* (opies ser)ed on t*e petitioner and t*e respondent+ T*e offi(er s*a state in t*e return *o. t*e 'ud1ment .as enfor(ed and (omp ied .it* b/ t*e respondent0 as .e as a ob'e(tions of t*e parties re1ardin1 t*e manner and re1u arit/ of t*e ser)i(e of t*e .rit+ 2fficer7s Return. -he detailed return is to compel the o&&icer to take care in en&orcing the .udgment o& the court, Se(+ "=+ Hearin1 on Offi(erKs Return+ K T*e (ourt s*a set t*e return for *earin1 .it* due noti(e to t*e parties and a(t a((ordin1 /+ Report on ;nforcement and !ompliance. -here is a need &or a hearing to determine compliance o& the parties and to in&orm the court o& the su&&iciency o& the en&orcement steps taken by the o&&icer, *n this hearing, the court shall determine i& there is any ob.ection to the manner o& e2ecution o& the .udgment in the part o& any party, -his +ill assure the court that its decision has been &aith&ully &ollo+ed, Se(+ ">+ Appea + K An/ part/ ma/ appea from t*e fina 'ud1ment or order to t*e Supreme Court under Ru e 9:+ T*e appea ma/ raise ?uestions of fa(t or a. or bot*+ T*e period of appea s*a be fi)e 5:6 .or8in1 da/s from t*e date of noti(e of t*e 'ud1ment or fina order+ T*e appea s*a be 1i)en t*e same priorit/ as in *abeas (orpus and amparo (ases+ $ppeal+ Appeal shall be taken under Rule F6, +ith the modi&ication that the appellant may raise /uestion o& &act or la+ or both, Se(+ $#+ Institution of Separate A(tions+ K T*e fi in1 of a petition for t*e .rit of *abeas data s*a not pre( ude t*e fi in1 of separate (rimina 0 (i)i or administrati)e a(tions+ &rerogative Writ. Aike the 6rit o2 a- aro, the 6rit o2 habeas 5ata partakes o& the nature o& a prerogati!e +rit, *t is not a criminal, ci!il or administrati!e suit, 0ence, it does not suspend the &iling o& criminal, ci!il or administrati!e actions, Se(+ $"+ Conso idation+ K W*en a (rimina a(tion is fi ed subse?uent to t*e fi in1 of a petition for t*e .rit0 t*e atter s*a be (onso idated .it* t*e (rimina a(tion+ W*en a (rimina a(tion and a separate (i)i a(tion are fi ed subse?uent to a petition for a .rit of *abeas data0 t*e petition s*a be (onso idated .it* t*e (rimina a(tion+ After (onso idation0 t*e pro(edure under t*is Ru e s*a (ontinue to 1o)ern t*e disposition of t*e re iefs in t*e petition+ !onsolidation+ *n case a petition &or the +rit o& habeas 5ata is &iled prior to the institution o& a criminal action, or prior to a separate ci!il action, the petition shall be consolidated +ith the criminal action, -his Rule shall go!ern the disposition o& the relie&s &or habeas 5ata a&ter consolidation,

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Se(+ $$+ Effe(t of %i in1 of a Crimina A(tion+ K W*en a (rimina a(tion *as been (ommen(ed0 no separate petition for t*e .rit s*a be fi ed+ T*e re ief under t*e .rit s*a be a)ai ab e to an a11rie)ed part/ b/ motion in t*e (rimina (ase+ T*e pro(edure under t*is Ru e s*a 1o)ern t*e disposition of t*e re iefs a)ai ab e under t*e .rit of *abeas data+ ;ffect of !riminal &roceedings. -his section contemplates situation in +hich a criminal action has already been &iled, and the commencement o& the habeas 5ata action is barred, -his pro!ision seeks to a!oid di&&iculties that may be encountered +hen the habeas 5ata action is allo+ed to proceed separately &rom the criminal action, -+o courts trying essentially the same sub.ect may issue con&licting orders, -he habeas 5ata relie&s ho+e!er, are made a!ailable to the aggrie!ed party through proper motions in the court +here a criminal case is pending, -he disposition o& these motion shall be go!erned by this Rule, Se(+ $3+ Substanti)e Ri1*ts+ K T*is Ru e s*a not diminis*0 in(rease or modif/ substanti)e ri1*ts+

Se(+ $9+ Supp etor/ App i(ation of t*e Ru es of Court+ K T*e Ru es of Court s*a app / supp etori / insofar as it is not in(onsistent .it* t*is Ru e+ Se(+ $:+ Effe(ti)it/+ K T*is Ru e s*a ta8e effe(t on :ebruary -, -))90 fo o.in1 its pub i(ation in t*ree 536 ne.spapers of 1enera (ir(u ation+ octrines= A, Tapu2 et+ a )+ de Rosario 5G,R, %o, 182F8F, June 19, 2008D ection G o& the Rule on the 3rit o& 0abeas Eata re/uires the &ollo+ing material allegations o& ultimate &acts in a petition &or the issuance o& a +rit o& habeas data$ OKaD -he personal circumstances o& the petitioner and the respondent1 /b1 The manner the right to privacy is violated or threatened and how it affects the right to life, liberty or security of the aggrieved party7 /c1 The actions and recourses ta>en by the petitioner to secure the data or information 7 /d1 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 >nown 7 (e) =he relie2s ra)e5 2or" 6hich -a) inclu5e the u 5ating" recti2ication" su ression or 5estruction o2 the 5atabase or in2or-ation or 2iles ?e t b) the res on5ent , *n case o& threats, the relie& may include a prayer &or an order en.oining the act complained o&1 and K&D uch other rele!ant relie&s as are .ust and e/uitable,O upport &or the habeas data aspect o& the present petition only alleges that$ O1, ( ,,, ) imilarly, a petition &or a 3R*- HF 0ACBA EA-A is prayed &or so that the P%P may release the report on the burning o& the homes o& the petitioners and the acts o& !iolence employed against them by the pri!ate respondents, &urnishing the 'ourt and the petitioners +ith copy o& the same1 ( ,,, ) GG, Petitioners apply &or a 3R*- HF 0ACBA EA-A commanding the Philippine %ational Police (P%P) to produce the police report pertaining to the burning o& the houses o& the petitioners in the land in dispute and like+ise the in!estigation report i& an in!estigation +as conducted by the P%P,O

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-hese allegations ob!iously lack +hat the Rule on 3rit o& 0abeas Eata re/uires as a minimum, thus rendering the petition &atally de&icient, peci&ically, +e see no concrete allegations o& un.usti&ied or unla+&ul !iolation o& the right to pri!acy related to the right to li&e, liberty or security, -he petition like+ise has not alleged, much less demonstrated, any need &or in&ormation under the control o& police authorities other than those it has already set &orth as integral anne2es, -he necessity or .usti&ication &or the issuance o& the +rit, based on the insu&&iciency o& pre!ious e&&orts made to secure in&ormation, has not also been sho+n, *n sum, the prayer &or the issuance o& a +rit o& habeas data is nothing more than the @2ishing e> e5ition@ that this 'ourt = in the course o& dra&ting the Rule on habeas data = had in mind in de&ining 6hat the ur ose o2 a 6rit o2 habeas 5ata is not. *n these lights, the outright denial o& the petition &or the issuance o& the +rit o& habeas data is &ully in order, &+ Casti o et+ a ) Cru2 et+ a 5G+R+ No+ "=$";:0 No)ember $:0 $##>6 ection 1 o& the Rule on the 3rit o& :abeas 1ata pro!ides$ ection 1, :abeas 1ata, ? -he +rit o& habeas data is a remedy a!ailable to any person +hose right to pri!acy in li&e, liberty or security is !iolated or threatened by an unla+&ul act or omission o& a public o&&icial or employee or o& a pri!ate indi!idual or entity engaged in the gathering, collecting or storing o& data or in&ormation regarding the person, &amily, home and correspondence o& the aggrie!ed party, KBmphasis and underscoring suppliedD From the abo!e=/uoted pro!isions, the co!erage o& the +rits is limited to the protection o& rights to ife0 ibert/and se(urit/, And the +rits co!er not only actual but also threats o& unla+&ul acts or omissions, ', Mani a E e(tri( Compan/ , "s, Rosario Gope2 Lim0 G+R+ No+ "=9<;> 0 O(tober :0 $#"# May an employee KrespondentD in!oke the remedies a!ailable under such +rit +here an employer decides to trans&er her +orkplace on the basis o& copies o& an anonymous letter posted therein P imputing to her disloyalty to the company and calling &or her to lea!e, +hich imputation it in!estigated but &ails to in&orm her o& the details thereo&Q (222) Petitioners go on to point out that the Rule on the 3rit o& 0abeas Eata directs the issuance o& the +rit only against public o&&icials or employees, or pri!ate indi!iduals or entities engaged in the gathering, collecting or storing o& data or in&ormation regarding an aggrie!ed party:s person, &amily or home1 and that MBRAA'H Kor its o&&icersD is clearly not engaged in such acti!ities, (222) Respondent:s plea that she be spared &rom complying +ith MBRAA'H:s Memorandum directing her reassignment to the Alabang ector, under the guise o& a /uest &or in&ormation or data allegedly in possession o& petitioners, does not &all +ithin the pro!ince o& a +rit o& habeas data, ection 1 o& the Rule on the 3rit o& 0abeas Eata pro!ides$ ection 1, 0abeas Eata, ? -he +rit o& habeas data is a remedy a!ailable to any person +hose ri1*t to pri)a(/ in ife0 ibert/ or se(urit/ is )io ated or t*reatened b/ an un a.fu a(t or omission o& a public o&&icial or employee or o& a pri!ate indi!idual or entity en1a1ed in t*e 1at*erin10 (o e(tin1 or storin1 of data or information regarding the person, &amily, home and correspondence o& the aggrie!ed party, Kemphasis and underscoring suppliedD -he habeas data rule, in general, is designed to protect by means o& .udicial complaint the image, pri!acy, honor, in&ormation, and &reedom o& in&ormation o& an indi!idual, *t is meant to pro!ide a &orum to en&orce one:s

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right to the truth and to in&ormational pri!acy, thus sa&eguarding the constitutional guarantees o& a person:s right to li&e, liberty and security against abuse in this age o& in&ormation technology, E, In T*e Matter Of T*e Petition %or T*e Writ Of $mparo And T*e Writ Of Habeas ata In %a)or Of Me issa C+ Ro-as0 Me issa C+ Ro-as0 !, G oria Ma(apa1a KArro/o 5et+a 6 0 G+R+ No+ "=>"::0 September <0 $#"# As earlier intimated, the 'ourt o& Appeals granted to the petitioner the pri!ilege o& the +rit o& habeas data, by en.oining the public respondents &rom Odistributing or causing the distribution to the public any records in +hate!er &orm, reports, documents or similar papersO relati!e to the petitioner:s Oalleged ties +ith the 'PP=%PA or pertinently related to her abduction and torture,O -hough not raised as an issue in this appeal, this 'ourt is constrained to pass upon and re!ie+ this particular ruling o& the 'ourt o& Appeals in order to recti&y, +hat appears to @s, an error in&ecting the grant, For the proper appreciation o& the rationale used by the 'ourt o& Appeals in granting the pri!ilege o& the +rit o& habeas data, 3e /uote hereunder the rele!ant portion 126 o& its decision$ @nder these premises, Petitioner prayed that all the records, intelligence reports and reports on the in!estigations conducted on Melissa ', Ro2as or Melissa Ro2as be produced and e!entually e2punged &rom the records, Petitioner claimed to be included in the Go!ernment:s Hrder o& Cattle under Hplan Cantay Aaya +hich listed political opponents against +hom &alse criminal charges +ere &iled based on made up and per.ured in&ormation, Pending resolution o& this petition and be&ore Petitioner could testi&y be&ore @s, B2=army general Jo!ito Palaparan, Cantay party=list, and Pastor Alco!er o& the Alliance &or %ationalism and Eemocracy party=list held a press con&erence +here they re!ealed that they recei!ed an in&ormation &rom a &emale %PA rebel +ho +anted out o& the organi>ation, that Petitioner +as a communist rebel, Alco!er claimed that said in&ormation reached them thru a letter +ith photo o& Petitioner holding &irearms at an %PA training camp and a !ideo 'E o& the training e2ercises, 'learly, and not+ithstanding Petitioner:s denial that she +as the person in said !ideo, there +ere records o& other in!estigations on Melissa ', Ro2as or Melissa Ro2as +hich !iolate her right to pri!acy, 3ithout a doubt, reports o& such nature ha!e reasonable connections, one +ay or another, to petitioner:s abduction +here she claimed she had been sub.ected to cruelties and dehumani>ing acts +hich nearly caused her li&e precisely due to allegation o& her alleged membership in the 'PP=%PA, And i& said report or similar reports are to be continuously made a!ailable to the public, Petitioner:s security and pri!acy +ill certainly be in danger o& being !iolated or transgressed by persons +ho ha!e strong sentiments or a!ersion against members o& this group, -he unregulated dissemination o& said un!eri&ied !ideo 'E or reports o& Petitioner:s alleged ties +ith the 'PP=%PA indiscriminately made a!ailable &or public consumption +ithout e!idence o& its authenticity or !eracity certainly !iolates Petitioner:s right to pri!acy +hich must be protected by this 'ourt, 3e, thus, deem it necessary to grant Petitioner the pri!ilege o& the 3rit o& 0abeas Eata, KBmphasis suppliedD, -he +rit o& habeas data +as conceptuali>ed as a .udicial remedy en&orcing the right to pri!acy, most especially the right to in&ormational pri!acy o& indi!iduals, 12G -he +rit operates to protect a person:s right to control in&ormation regarding himsel&, particularly in the instances +here such in&ormation is being collected through unla+&ul means in order to achie!e unla+&ul ends, %eedless to state, an indispensable re/uirement be&ore the pri!ilege o& the +rit may be e2tended is the sho+ing, at least by substantial e!idence, o& an actual or threatened !iolation o& the right to pri!acy in li&e, liberty or security o& the !ictim,129 -his, in the case at bench, the petitioner &ailed to do, -he main problem behind the ruling o& the 'ourt o& Appeals is that there is actually no e!idence on record that sho+s that any o& the public respondents had !iolated or threatened the right to pri!acy o& the petitioner, -he act ascribed by the 'ourt o& Appeals to the public respondents that +ould ha!e !iolated or threatened the right to pri!acy o& the petitioner, i.e." keeping records o& in!estigations and other reports about the petitioner:s ties +ith the 'PP=%PA, +as not ade/uately pro!enRconsidering that the origin o& such records +ere !irtually une2plained and its e2istence, clearly, only in&erred by the appellate court &rom the !ideo and photograph released by

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Representati!es Palparan and Alco!er in their press con&erence, %o e!idence on record e!en sho+s that any o& the public respondents had access to such !ideo or photograph, *n !ie+ o& the abo!e considerations, the directi!e by the 'ourt o& Appeals en.oining the public respondents &rom Odistributing or causing the distribution to the public any records in +hate!er &orm, reports, documents or similar papersO relati!e to the petitioner:s Oalleged ties +ith the 'PP=%PA,O appears to be de!oid o& any legal basis, -he public respondents cannot be ordered to re&rain &rom distributing something that, in the &irst place, it +as not pro!en to ha!e, "erily, until such time that any o& the public respondents +ere &ound to be actually responsible &or the abduction and torture o& the petitioner, any in&erence regarding the e2istence o& reports being kept in !iolation o& the petitioner:s right to pri!acy becomes &ar&etched, and premature, For these reasons, this 'ourt must, at least in the meantime, strike do+n the grant o& the pri!ilege o& the +rit o& habeas data,

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WRIT O% MANDAM!S
-he Rules o& 'ourt, in Rule G6, ec, 5 pro!ides$ &etition for mandamus, 3hen any tribunal, corporation, board, o&&icer or person unla+&ully neglects the per&ormance o& an act +hich the la+ speci&ically en.oins as a duty resulting &rom an o&&ice, trust, or station, or unla+&ully e2cludes another &rom the use and en.oyment o& a right or o&&ice to +hich such other is entitled, and there is no other plain, speedy and ade/uate remedy in the ordinary course o& la+, the person aggrie!ed thereby may &ile a !eri&ied petition in the proper court, alleging the &acts +ith certainty and praying that .udgment be rendered commanding the respondent, immediately or at some other time to be speci&ied by the court, to do the act re/uired to be done to protect the rights o& the petitioner, and to pay the damages sustained by the petitioner by reason o& the +rong&ul acts o& the respondent, -he petition shall also contain a s+orn certi&ication o& non=&orum shopping as pro!ided in the third paragraph o& section 5, Rule FG, E ements4 Eirected at any tribunal, corporation, board, o&&icer or person 3ho unla62ull) neglects the per&ormance o& an act +hich the la+ speci&ically en.oins as a dut/ resulting &rom an o&&ice, trust, or station1 or HR unla62ull) e>clu5es another &rom the use and en.oyment o& a right or o&&ice to +hich such other is entitled 3hen there is no other plain, speedy, and ade/uate remedy in the ordinary course o& la+ A person aggrie!ed may &ile a !eri&ied petition o Alleging the &acts +ith certainty o Praying that .udgment be rendered co--an5ing the res on5ent to 5o the act reAuire5 to be 5one to rotect the rights o2 the etitioner, and o -o pay the damages sustained by the petitioner Petition shall contain a s+orn certi&ication o& non=&orum shopping Man5a-us a command issuing &rom a court o& la+ o& competent .urisdiction, in the name o& the state or so!ereign, directed to some in&erior court, tribunal, or board, or to some corporation or person, re/uiring the per&ormance o& a particular duty +hich results &rom the o&&icial station o& the party to +hom the +rit is directed, o Bmployed to compel the per&ormance o& a ministerial duty o %e!ertheless, -an5a-us may lie in the per&ormance o& a duty in!ol!ing discretion to the e2tent that the body or o&&icer e2ercising such duty may be compelled to act, but not to act in a particular +ay, Mandamus is a +rit issued in the name o& the tate, to an in&erior tribunal, a corporation, board or person, commanding the per&ormance o& an act +hich the la+ en.oins as a duty resulting &rom an o&&ice, trust or station, Mandamus is employed to compel the per&ormance, +hen re&used, o& a ministerial duty, this being its main ob.ecti!e, Eiscretion -he po+er con&erred by la+ to act4decide upon certain matters according to the dictates o& their o+n .udgment, Ministerial act

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An act +hich an o&&icer or tribunal per&orms in a prescribed manner +ithout regard to or the e2ercise o& his o+n .udgment, %othing is le&t to the discretion o& the person, %oteB Man5a-us does not lie in the absence o& sho+ing o& a clear legal right +hich must be +ell de&ined, clear, and certain as re&lected in the petition, -he general rule is that mandamus +ill not issue +hen administrati!e remedies are still a!ailable, B2cept +hen the rule o& e2haustion cannot be in!oked$ o *& party is in estoppel *& a party has led the other party to belie!e that immediate .udicial recourse is a!ailable and acceptable, he is estopped &rom in!oking rule o& e2haustion o Pure /uestions o& la+ are raised Administrati!e o&&icers cannot decide such matters Mandamus can be a!ailed o& only by the party +ho has direct legal interest in the right sought to be en&orced, 0o+e!er, i& the /uestion is one o& public right, it is su&&icient to sho+ that the petitioner is a citi>en, K-anada !, -u!eraD Another general rule is that in the per&ormance o& an o&&icial duty or act in!ol!ing discretion, such o&&icial can only be directed by mandamus to act but not to act in one +ay or the other, -he court shall not dictate the manner in +hich the o&&icial should act, An e2ception is +hen gross abuse o& discretion, mani&est in.ustice, palpable e2cess o& authority are present, KLant 3ong !, P'GGD Procedure$ A petition &or mandamus should not &iled later than G0 days &rom notice o& .udgment4order4resolution, *& a motion &or reconsideration4ne+ trial is &iled, the G0=day period shall be counted &rom notice o& denial o& motion, B2tension may be granted &or compelling reasons, not e2ceeding 16 days, 3here to &ile the petition &or MandamusQ -here is concurrent .urisdiction by the upreme 'ourt, 'ourt o& Appeals and Regional -rial 'ourt, 0o+e!er, i& it in!ol!es the acts o& a /uasi=.udicial agency, the petition shall be &iled only in the 'A, unless other+ise pro!ided by la+ or the Rules, *& it relates to acts 4 omissions o& a lo+er court 4 corporation 4 board 4 o&&icer 4 person, it should be &iled +ith the R-', Generally, the petition should &irst be &iled +ith the trial courts, *t may also be &iled +ith the andiganbayan, i& it is in aid o& its appellate .urisdiction,

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