Republic Act No.
9344 RIGHTS OF THE CHILD
Juvenile Justice and Welfare Act of 2006
CHILD
o a person under 18 years of age
o a minor 15 years and below
has no criminal responsibility
at all;
o above 15 years but below 18
also has no criminal
responsibility unless they acted
with discernment.
DIVERSION
an alternative, child-appropriate process of
determining the responsibility and treatment of
a child in conflict with the law on the basis of
his/her social, cultural, economic, psychological
or educational background without resorting to
formal court proceedings
INTERVENTION
a series of activities designed to address issues
that caused the child to commit an offense.
Primary Intervention - which includes
measures to promote social justice an
equal opportunity which more often
than not is the root cause for the
commission of crimes;
Secondary Intervention which
includes measures to assist children at
risk; and
Tertiary Intervention which includes
measures to avoid unnecessary contract
with the formal justice system and
measures to avoid re-offending such as
diversion, rehabilitation and
reintegration programs.
Right to be treated with humanity and
respect;
Right not to be subjected to torture,
cruel or inhuman treatment;
Right to bail or recognizance;
Right to privacy;
Right to probation, if qualified;
Right to diversion, if qualified;
Right to automatic suspension of
sentence;
Right not to be deprived arbitrarily of
his liberty or restricted more than
as necessary;
Right to be separated from adult
offenders;
Right to maintain contact with his
family
Right not be imposed the death
sentence
Right to be free from perjury
concealment or misrepresentation
INITIAL CONTACT WITH THE CHILD
Refers to the apprehension or taking into
custody of a child in conflict with the law by
law enforcement or private citizens
In the event a CICL is apprehended or taken
into custody by private citizens, the child
shall be immediately referred to the
appropriate law enforcement officer for the
child to undergo the proper investigation.
Procedure for Taking Child Custody Commented [vjd1]: I-E-N-D-T2
From the moment the child is taken into
custody, the law enforcement officer shall:
1. IDENTIFY himself;
2. EXPLAIN to the child why he is taken
into custody; the offense committed;
and his rights earlier enumerated.
The following should be avoided:
use of vulgar language, display of
instruments of force, subjecting the child to
restraint than is necessary, use of violence
or unnecessary force.
3. NOTIFY the parents/guardians, local or
DSWD social worker, and the PAO, not
later than 8 hours from the time the
child is taken into custody;
4. Immediately DETERMINES the age of
the child by securing his birth/baptismal
certificate, school records or other
pertinent documents, or by
interviewing the child or persons who
have knowledge, by physical
appearance, etc.
5. TAKE the child to a medical officer for a
physical and mental examination;
6. TURN OVER the child to the local/DSWD
social worker within 8 hours after he is
taken into custody.
INITIAL INVESTIGATION
It is the stage after initial contact when the
law enforcement officer takes the
statement of the CICL.
The law enforcement officer shall make
the initial investigation by taking the
statement of the child:
1. in a language that the child understands
2. in a friendly and non-intimidating
manner
3. in a separate room or place where the
child is comfortable
4. privacy must be observed at all times
The statement shall be taken in the presence of:
a. the childs lawyer or the PAO lawyer;
b. childs parents, guardians or nearest relative,
representative of an NGO, religious group or
member of the BCPC; and
c. the social worker.
Statement shall be signed by the child,
witnessed by all those present
The initial investigation shall record the
following:
a. whether handcuffs or instruments of
restraint were used; if so, the reason therefore;
b. that parents/guardians, social worker and
PAO have been notified of apprehension and
details thereof;
c. exhaustion of measures in determining the
age of the child, details of physical and medical
examination or failure to do so
Thereafter, the CICL is turned over to the
local/DSWD social worker for:
a. INTERVENTION where the child is 15 years
old or below
b. DETERMINATION OF DISCERNMENT- where
the child is above 15 but below 18 years old
INTERVENTION
where the child is 15 and below in which case
the social worker shall immediately turn over
the child to his parents/guardians and the
appropriate intervention is determined in
consultation with the child and the
parents/guardians.
If parents/guardians could not be located, the
child may be released to a
(1) Registered Non-Governmental or Religious
organization;
(2) Member of a Barangay Council for the
Protection of Children (BCPC),
(3) Local social worker; and
(4) in the absence of the enumeration, to the
DSWD
Factors in determining Appropriate
Intervention Programs
1. Personal circumstances of the child;
2. Needs of the child
3. Family and social background of the child
4. Influence of the family and environment on
the child's growth
5. Ability and willingness of parents to guide
and supervise
6. Nature and circumstances of the offense
charged
7. Availability of community based programs
for intervention
8. Best interest of the child
DISCERNMENT
DISCERNMENT - where the child is over 15 but
below 18 who acted:
without discernment for intervention
with discernment for diversion provided
the imposable penalty for crime committed
is not more than 6 years
Additional factors to be considered in
determining whether diversion is appropriate:
1. nature and circumstances of the offense
charged
2. frequency or severity of the act
3. personal circumstances of the child
4. influence of family and environment on the Commented [vjd2]: NGO-BCPC-LSW-DSWD
child
5. reparation of injury to victim
6. safety of community
7. weight of evidence against the child
8. best interest of the child
Factors in assessing Discernment Commented [vjd5]: F-E-A
a. Facts and circumstances of the case;
b. Educational level and performance of the
Commented [vjd3]: P-N-FSB-IFE-GS-NC-AV-BI
child; and
c. Appearance, attitude, conduct and
behavior of the child
Conduct of Diversion
Diversion may be conducted at the-
a. Katarungan Pambarangay by the Punong
Barangay
b. Police Investigation by the law
enforcer/police
c. Inquest or Preliminary Investigation where
imposable penalty for the crime is not more
than 6 years by the prosecutor.
d. Otherwise, where imposable penalty is more
than 6 but does not exceed 12 years, diversion
may be conducted only at the court level by the
judge.
The officer conducting the diversion
proceedings shall:
a. explain to the parties the objectives and
value of diversion and consequences of not
undergoing diversion;
b. Ask the child the circumstances which led
him to the commission of the offense, his
Commented [vjd4]: NCO-FSA-PC-IFE-REP-SC-WE-BI
motives or purpose ;
c. take the personal circumstances of the child
including that of his parents and family;
d. make the child understand the
consequences of his act and his
corresponding responsibilities therefor;
e. Ensure that the child understands and
realizes his accountability, is remorseful and will
take on the responsibility of repairing the harm
done.
Factors in the formulation of Diversion
Program
1. Feelings of remorse
2. Ability of parents or legal guardians to guide
and supervise;
3. Victims view about the propriety of the
measure to be imposed ; and
4. Availability of community based programs
for rehabilitation and reintegration of the
child
Kinds of Diversion Programs
1. PUNONG BARANGAY LEVEL
a. Restitution of property
b. Reparation of damage caused
c. Indemnification for consequential damages
d. Written or oral apology
e. Care, guidance and supervision orders
1. PUNONG BARANGAY LEVEL
f. Training, seminars and lectures on
anger management
values formation
problem solving
skills that will aid the child in dealing with
the situation which can lead to repetition
g. Participation in community based program,
education, vocation and life skills program
2. LAW ENFORCER AND PROSECUTOR
a. DPs specified under (1)(a) to (1) (g);
and
b. Confiscation and forfeiture of the
instruments of the crime
3. COURT LEVEL
a. DPs specified under (1)(a) to (1) (g);
b. written or oral reprimand or citation
c. fine
d. payment of cost of proceedings or
e. institutional care and custody
Commented [vjd6]: FR-GS-VV-ACBP
Termination of Diversion Proceedings Commented [vjd8]: EI-45-I-PDC
1. Contract of Diversion has been entered
into;
2. 45-day period has lapsed without reaching
an agreement;
3. Diversion is found to be inappropriate;
4. Child/parents or guardians does not
consent to diversion.
Commented [vjd7]: R-R-I-WO-CGS-TSL-
Note: Sec. 26 of RA 9344 provide x x x The
diversion program shall be effective and
binding if accepted by the parties concerned.
The acceptance shall be in writing and signed
by the parties concerned and the appropriate
authorities.
PROSECUTORS
When diversion is deemed terminated as
earlier mentioned or that the CICL is over
15 and under 18 years old who acted with
discernment and the imposable penalty for
the offense is more than 6 years, the law
enforcer shall refer the case to the
prosecutor who, before proceeding to
preliminary investigation, shall still
endeavour to arrive at an agreement to a
diversion program.
It shall be the duty of the prosecutor to
notify the PAO and ensure that the childs
rights have been protected such that it is
incumbent upon him to investigate
 allegations of torture, deprivation of or
unnecessary restrictions on liberty, if any.
Should there be a determination of
probable cause, an information shall be
filed before the Family Court within 45 days
from the start of the preliminary
investigation.
COURTS
When the case reaches the court, it shall
determine whether or not diversion is
appropriate provided that the imposable
penalty on the offense charged is more
than 6 but not more than 12 years
imprisonment.
Pending trial, the court may release
children in detention on bail or
recognizance. In all other cases, detention
may be replaced by alternative measures
such as close supervision, intensive care or
placement with a family, educational
setting or home. The child may be
committed to the care of the DSWD, local
rehab center recognized by government.
Once a child under 18 years at the time of
the commission of the offense is found
guilty, sentence shall be automatically
suspended.
For convicted and sentenced CICL, the court
may, upon application, place the child on
PROBATION in lieu of service.
REHABILITATION and INTEGRATION
Should community based rehabilitation be
inappropriate, the court may order the
commitment of the child to a :
(a) rehabilitation center;
(b) youth detention center;
(c) agricultural camp, or
(d) other training facilities that will provide
the child with interventions, approaches and
strategies that would change or modify the
negative behaviour of the child into a positive
one enabling him to improve on his social
functioning leading to his reintegration to his
family and the community.
Preference should be the community based
programs if adequate since it: Commented [vjd9]: P-P-F-M
a. Prevent disruption of the education or
means of livelihood of the child;
b. Prevent separation from the family;
c. Facilitate rehabilitation and mainstreaming
of the child; and
d. Minimize stigma on the child
TRANSITORY PROVISIONS
A. Those 15 years old and below at the
commission of the offense-
i) with pending case but released on bail or
recognizance
- case shall be dismissed and the child referred
to the social worker who will conduct an
assessment whether to release the child to the
custody of the parents/guardians or refer the
child to prevention programs
B. Those above 15 but below 18 at the
commission of the offense-
i.) with pending case but released on bail or
recognizance
Trial may proceed to prove discernment ;
ii) under suspended sentence
Child to continue with rehabilitation program;
iii) Convicted and serving sentence
CICL shall be entitled to appropriate disposition
under the Act and the sentence adjusted
accordingly. If qualified, child shall be
immediately released under the Act or
applicable law. Upon application, the court may
grant probation to the child in lieu of
imprisonment for the remaining sentence .
(Section 42, RA 9344)
Republic Act 7610
Special Protection of Children Against Child
Abuse, Exploitation and
Discrimination Act
When do Rights Begin
Philippine Constitution, Article II, Sec. 12 -
The State recognizes the sanctity of family
life and shall protect and strengthen the
family as a basic and autonomous social
institution. It shall equally protect the life of
the mother and the life of the unborn from
conception..
PD 603, Article 3, # 1:
A child is endowed with the dignity and worth
of a human being from the moment of
conception, as generally accepted in medical
parlance, and is therefore entitled with the right
to be born well.
Definition
Children - persons below 18 years of age or
those over but are unable to to fully take
care of themselves or protect themselves
from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or
mental disability or condition.
CHILD ABUSE -Refers to maltreatment,
whether habitual or not, of the child which
includes any of the following;
Psychological and physical abuse,
neglect, cruelty, sexual abuse and
emotional maltreatment;
Any act by deeds or words which
debases, degrades or demeans the
intrinsic worth and dignity of a child
as a human being;
Unreasonable deprivation of his
basic needs for survival, such as
food and shelter
Failure to immediately give medical
treatment to an injured child
resulting in serious impairment of
his growth and development or in
his permanent incapacity or death
Offenses Against Children
under RA 7610 Commented [vjd10]: CP-ACP-CT-ACT-CP/ISP-OA
Child Prostitution and other sexual
abuse
Attempt to commit child prostitution
Child Trafficking
Attempt to commit child trafficking
Child pornography and indecent shows
and publication
Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other Conditions
Prejudicial to the Childs Development
Child Prostitution and Other Sexual Abuse
Who are deemed to be children
exploited in prostitution and other
sexual abuse?
Children, whether male or
female,
Who for money, profit, or other
consideration or due to
coercion or influence of adult,
syndicate or group
Indulge in sexual intercourse or
lascivious conduct
What is lascivious conduct?
Means the intentional touching,
either directly or through clothing,
of the genitalia, anus, groin, breast,
inner thigh, or buttocks; or any act
of lewdness;
Done with force or intimidation,
fraudulent machination or grave
abuse of authority; or where the
offended party is deprived of
reason or otherwise unconscious;
 With intent to abuse, humiliate,
harass, degrade the child, or arouse
or gratify the sexual desire of any
person
Bestiality, masturbation, lascivious
exhibition of the genitals or pubic
area of a person
Who may be liable?
Those who engage in, or promote,
facilitate or induce child prostitution
which includes, but are not limited to,
the following:
acting as a procurer of a child
prostitute
inducing a person to be a client
of a child prostitute
taking advantage of influence
or relationship to procure a
child as a prostitute
threatening or using violence
towards a child to engage him
as a prostitute
giving monetary
consideration/pecuniary
benefit
Penalty- Reclusion Temporal med-
Reclusion Perpetua
Those who commit the act of sexual
intercourse or lascivious conduct with a
child exploited in prostitution or
subjected to other sexual abuse.
Penalty-same with Art. 335 and 336 of
RPC except if victim is under 12 yrs
(Rec.Temp. med)
Those who derive profit or advantage
therefrom -as manager or owner of the
establishment where the prostitution
takes place/establishment serving as
cover or which engages in prostitution
other than activity it was licensed for.
Penalty-Reclusion Temporal med-
Reclusion Perpetua
Attempt to Commit Child Prostitution
Any person, not being a relative of a child, is
found alone with the said child inside the
room or cubicle of a house, an inn, hotel,
motel, pension house, apartelle or other
similar establishment, vessel, vehicle or any
other hidden or secluded area which would
lead a reasonable person to believe that the
child is about to be exploited in prostitution
and other sexual abuse.
Any person, receiving services from a child
in a sauna parlor or bath, massage clinic,
health club and other similar
establishments.
Penalty- 2 deg.lower than that prescribed
for the consummated felony
Child Trafficking
Any person who shall engage in trading
and dealing with children including, but
not limited to, the act of buying and selling
of a child for money, or for any other
consideration or barter.
Penalty-Reclusion Temporal-Reclusion
Perpetua. If victim is under 12 years,
maximum period
Attempt to Commit Child Trafficking Commented [vjd11]: TAF-PWEA-RW-SB-FC
Allowing a child to travel alone to a foreign
country
Pregnant womans execution of affidavit of
consent to adoption of unborn child for
consideration
Recruitment of women or couples for child
bearing for purposes of child trafficking
Simulation of birth by doctor, hospital, clinic
official, etc. for the purpose of child
trafficking
Finding children among low-income
families, hospitals etc. to sell
Penalty- 2 deg. Lower from the
consummated felony
Obscene Publication and Indecent Shows
Penalty- Prision Mayor. If under 12 years,
maximum period.
Any ascendant, guardian, or person
entrusted in any capacity with care of a
child who shall cause and/or allow such
child to be employed or to participate in an
obscene play, scene, act, movie or show or
in any other acts covered by this section
shall suffer the penalty correspondents to
the Philippine law.
Other Acts of Abuse
Any person who shall commit any other
acts of child abuse, cruelty or exploitation
or be responsible for other conditions
prejudicial to the childs development
including those covered by Art. 59 of PD
603, but not covered by the Revised Penal
Code
Penalty- Prision Mayor Minimum
Any person who shall keep or have in his
company a minor, twelve (12) years or
under or who is ten (10) years or more his
junior in any public or private place, hotel,
motel, beer joint, discotheque, cabaret,
pension house, sauna or massage parlor,
beach and/or other tourist resort or similar
places.
Exception:Person related within the fourth
degree of consanguinity or affinity or any
bond recognized by law, local customs and
tradition or acts in the performance of a
social, moral or legal duty.
Penalty- Prision Mayor maximum and fine
of not less than Php 50,000.00.
Any person who shall induce or deliver or
offer a minor to anyone prohibited under
R.A. 7610 as above described.
Penalty-Prision Mayor Medium and fine of
not less than Php 50,00.00.
Any person, owner, manager or one trusted
with the operation of any public or private
place of accommodation, whether for
occupancy, food, drink, or otherwise,
including residential places, who allows any
person to take along with him such place or
places any minor herein described.
Penalty-Prision Mayor Medium and fine of
not less than Php 50,000.00
Any person who shall use, coerce, force or
intimidate a street child or any other child
to:
beg or use begging as a means of
living
act as conduit or middleman in drug
trafficking or pushing
conduct any illegal activities.
Penalty- Prision Correccional Medium-
Reclusion Perpetua
Penalties for Specific Crimes
When victim is under 12 years and for
purposes of this act, the penalties for
Murder, Homicide, other intentional
mutilation, Serious Physical Injuries-
Reclusion Perpetua.
For Qualified Seduction, acts of
lasciviousness with consent, corruption of
minors, white slave trade- one degree
higher than that imposed by law.
Reporting
A person who learns of facts or
circumstances that gives rise to the belief
that a child has suffered abuse may report
the same, either orally or in writing, to the
Department, Police or any other law
enforcement agency or to the BCPC.
Mandatory Reporting
The head of any private or public hospital,
medical clinic and similar institution, as well
as the attending physician and nurse, shall
report, either orally or in writing, to the
 Department the examination and/or Offended Party
treatment of a child who appears to have Parents or Guardians
suffered abuse within 48 hours from Ascendant or collateral relative within 3rd
knowledge of the same. degree of consanguinity
Duty of Government Workers to Report Officer, social worker or representative of
It shall be the duty of all teachers and a licensed child-caring institution
administrators in public schools, probation Officer or social worker of the DSWD
officers, government lawyers, law Barangay Chairman, or
enforcement officers, barangay officials, Three (3) concerned, responsible citizens
corrections officers and other government where the offense was committed
officials and employees whose work
involves dealing with children to report all If you know of an incident..
incidents of possible child abuse to the Report it to:
Department. The CHR
Failure to Report DSWD
Failure of the individuals mandatorily PNP Women and Childrens Desk
required to report, and the administrator or NBI
head of the hospital, clinic or similar DOJ
institution concerned to report a possible Barangay Captain
case of child abuse shall be punishable with
a fine of not more than two thousand pesos MAGNA CARTA FOR PERSONS WITH
(P2,000.00) DISABILITIES
Immunity for Reporting (RA 9442)
A person who, acting in good faith, shall
report a case of child abuse shall be free EMPLOYMENT Commented [vjd12]: E-S-A-V-V
from any civil or administrative liability Equal Opportunity for employment
arising therefrom. There shall be a Sheltered Employment
presumption that any such person acted in Apprenticeship
good faith. Vocational Rehabilitation
Investigation Vocational Guidance and Counseling
Department to act within 48 hours upon the EDUCATION
receipt of a reported incidence of child Access to Quality Education
abuse Assistance to Students with Disabilities
If the investigation discloses sexual abuse, Special Education
serious physical injury or life threatening Vocational or Technical and Other Training
neglect of the child, immediate removal of Programs
the child from his/her home and putting Non-Formal Education
him/her under protective custody will be HEALTH
the immediate action of the Departments National Health Program
representative. Rehabilitation Centers
Remedial Procedures Health Services
Who may file a complaint?
TELECOMMUNICATIONS
Sign-language or subtitles
Special telephone devices for the hearing
impaired
Free Postal Charges
ACCESSIBILITY
Barrier-Free Environment
Mobility
Access to Public Transport Facilities
POLITICAL AND CIVIL RIGHTS
Right to be assisted by a person of his own
choice in voting
Right to Assemble
Right to Organize
RIGHTS AND PRIVILEGES
UNDER RA 9442
(a) At least twenty percent (20%) discount from
all establishments relative to the utilization of
all services in hotels and similar lodging
establishments; restaurants and recreation
centers for the exclusive use or enjoyment of
persons with disability;
(b) A minimum of twenty percent (20%)
discount on admission fees charged by the
theaters, cinema houses, concert halls, circuses,
carnivals and other similar places of culture,
leisure and amusement for the exclusive use or
enjoyment of persons with disability;
(c) At least twenty percent (20%) discount for
the purchase of medicines in all drugstores for
the exclusive use or enjoyment of persons with
disability;
(d) At least twenty percent (20%) discount on
medical and dental services including diagnostic
and laboratory fees such as, but not limited to
x-rays, computerized tomography scans and
blood tests, in all government facilities, subject
to guidelines to be issued by the Department of
Health (DOH), in coordination with the
Philippine Health Insurance Corporation
(PHILHEALTH);
(e) At least twenty percent (20%) discount on
medical and dental services including diagnostic
and laboratory fees, and professional fees of
attending doctors in all private hospitals and
medical facilities, in accordance with the rules
and regulations to be issued by the DOH, in
coordination with the PHILHEALTH;
(f) At least twenty percent (20%) discount on
fare for domestic air and sea travel for the
exclusive use or enjoyment of persons with
disability
(g) At least twenty percent (20%) discount in
public railways, skyways and bus fare for the
exclusive use and enjoyment of persons with
disability;
(h) Educational assistance to persons with
disability, for them to pursue primary,
secondary, tertiary, post tertiary, as well as
vocational or technical education, In both public
and private schools, through the provision of
scholarships, grants, financial aids, subsidies
and other incentives to qualified persons with
disability, including support for books, learning
materials, and uniform allowance to the extent
feasible: provided, that persons with disability
shall meet minimum admission requirements;
(i) To the extent practicable and feasible, the
continuance of the same benefits and privileges
given by the Government Service Insurance
System (GSIS), Social Security System (SSS), and
PAG-IBIG, as the case may be, as are enjoyed by
those in actual service;
(j) To the extent possible, the government may
grant special discounts in special programs for
persons with disability on purchase of basic
commodities, subject to guidelines to be issued
for the purpose by the Department of Trade
and Industry (DTI) and the Department of
Agriculture (DA); and
(k) Provision of express lanes for persons with
disability in all commercial and government
establishments; in the absence thereof, priority
shall be given to them.
The abovementioned privileges are available
only to persons with disability who are Filipino
citizens upon submission of any of the
following as proof of his/her entitlement
thereto:
(I) An identification card issued by the
city or municipal mayor the barangay
captain of the place where the person
with disability resides;
(II) The passport of the persons with
disability concerned; or
(III) Transportation discount fare
Identification Card (ID) issued by the
National Council for the Welfare of
Disabled Persons (NCWDP).
PROHIBITED ACTS UNDER RA 7277 AND RA
9442
DISCRIMINATION ON EMPLOYMENT
DISCRIMINATION ON TRANSPORTATION
DISCRIMINATION ON THE USE OF
PUBLIC ACCOMMODATIONS AND
SERVICES
Verbal, Non-verbal Ridicule, and
Vilification Against Persons with
Disability
Public ridicule shall be defined as an act
of making fun or contemptuous
initiating or making mockery of persons
with disability whether in writing or in
words, or in action due to their
impairment/s.
Vilification. - shall be defined as:
(a) the utterance of slanderous and
abusive statements against a person
with disability; and/or
(b) An activity in public which incites
hatred towards serious contempt for, or
severe ridicule of persons with
disability."
Any individual, group or community is
hereby prohibited from vilifying any
person with disability which could result
into loss of self-esteem of the latter."
Commented [vjd13]: ID-PP-TDF/ID (NCWDP)
PENALTIES
P50,000 but not more that P100,000 or
imprisonment of 6 months to 2 years, or both
(first offense)
Subsequent Violations--- Fine of not less
than P100,000 but not more that
P200,000 or imprisonment of 2 years to
6 years, or both
Habeas Data
The writ of habeas data is a remedy available to
any person whose right to privacy in life, liberty
or security is violated or threatened by an
unlawful act or omission of a public official or
employee, or of a private individual or entity
engaged in the gathering, collecting or storing
of data or information regarding the person,
family, home and correspondence of the
aggrieved party.
Who may file?
Any aggrieved party may file a petition for the
writ of habeas data. However, in cases of
extralegal killings and enforced disappearances,
the petition may be filed by:
(a) Any member of the immediate family of the
aggrieved party, namely: the spouse, children
and parents;

(b) Any ascendant, descendant or collateral
relative of the aggrieved party within the fourth
civil degree of consanguinity or affinity, in
default of those mentioned in the preceding
paragraph
Where to File
The petition may be filed with the Regional Trial
Court where the petitioner or respondent
resides, or that which has jurisdiction over the
place where the data or information is
gathered, collected or stored, at the option of
the petitioner.
The petition may also be filed with the Supreme
Court or the Court of Appeals or the
Sandiganbayan when the action concerns public
data files of government offices.
Docket Fees
No docket and other lawful fees shall be
required from an indigent petitioner. The
petition of the indigent shall be docked and
acted upon immediately, without prejudice to
subsequent submission of proof of indigency
not later than fifteen (15) days from the filing of
the petition
Petition. - A verified written petition for a writ
of habeas data should contain:
(a) The personal circumstances of the petitioner
and the respondent;
(b) The manner the right to privacy is violated
or threatened and how it affects the right to
life, liberty or security of the aggrieved party;
(c) The actions and recourses taken by the
petitioner to secure the data or information;
(d) The location of the files, registers or
databases, the government office, and the
person in charge, in possession or in control of
the data or information, if known;
(e) The reliefs prayed for, which may include
the updating, rectification, suppression or
destruction of the database or information or
files kept by the respondent.
In case of threats, the relief may include a
prayer for an order enjoining the act
complained of; and
(f) Such other relevant reliefs as are just and
equitable.
Issuance of the Writ
Upon the filing of the petition, the court, justice
or judge shall immediately order the issuance of
the writ if on its face it ought to issue. The clerk
of court shall issue the writ under the seal of
the court and cause it to be served within three
(3) days from the issuance; or, in case of urgent
necessity, the justice or judge may issue the
writ under his or her own hand, and may
deputize any officer or person serve it.
The writ shall also set the date and time for
summary hearing of the petition which shall not
be later than ten (10) work days from the date
of its issuance Commented [vjd14]: PC-M/A-AR-L/PI-RP
Penalty for Refusing to Issue or Serve the Writ
A clerk of court who refuses to issue the writ
after its allowance, or a deputized person who
refuses to serve the same, shall be punished by
the court, justice or judge for contempt without
prejudice to other disciplinary actions.
How the Writ is Served
The writ shall be served upon the respondent
by a judicial officer or by a person deputized by
the court, justice or judge who shall retain a
copy on which to make a return of service. In
case the writ cannot be served personally on
the respondent, the rules on substituted service
shall apply.
Return; Contents
The respondent shall file a verified written
return together with supporting affidavits
within five (5) working days from service of the
writ, which period may be reasonably extended
by the Court for justifiable reasons. The return
shall, among other things, contain the
following:
(a) The lawful defenses such as national
security, state secrets, privileged
communications, confidentiality of the source
of information of media and others;
(b) In case of respondent in charge, in
possession or in control of the data or
information subject of the petition;
(i) a disclosure of the data or
information about the petitioner, the
nature of such data or information, and
the purpose for its collection;
(ii) the steps or actions taken by the
respondent to ensure the security and
confidentiality of the data or
information;
(iii) the currency and accuracy of the
data or information held; and,
(c) Other allegations relevant to the resolution
of the proceeding.
A general denial of the allegations in the
petition shall not be allowed.
Contempt
The court, justice or judge may punish with
imprisonment or fine a respondent who
commits contempt by making a false return, or
refusing to make a return; or any person who
otherwise disobeys or resist a lawful process or
order of the court.
When Defenses May be Heard in Chambers
A hearing in chambers may be conducted where
the respondent invokes the defense that the
release of the data or information in question
shall compromise national security or state
secrets, or when the data or information cannot
be divulged to the public due to its nature or
privileged character.
Prohibited Pleadings and Motions
The following pleadings and motions are
prohibited:
(a) Motion to dismiss;
(b) Motion for extension of time to file return, Commented [vjd15]: LD-
opposition, affidavit, position paper and other
pleadings;
(c) Dilatory motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply;
(h) Motion to declare respondent in default;
(i) intervention;
(j) Memorandum;
(k) Motion for reconsideration of interlocutory
orders or interim relief orders; and
(l) Petition for certiorari, mandamus or
prohibition against any interlocutory order.
In case the respondent fails to file a return, the
court, justice or judge shall proceed to hear the
petition ex parte, granting the petitioner such
relief as the petition may warrant unless the
court in its discretion requires the petitioner to
submit evidence.
Summary Hearing
The hearing on the petition shall be summary.
However, the court, justice or judge may call for
a preliminary conference to simplify the issues
and determine the possibility of obtaining
stipulations and admissions from the parties.
Judgment
The court shall render judgment within ten (10)
days from the time the petition is submitted for
decision. If the allegations in the petition are
proven by substantial evidence, the court shall
enjoin the act complained of, or order the
deletion, destruction, or rectification of the
erroneous data or information and grant other
relevant reliefs as may be just and equitable;
otherwise, the privilege of the writ shall be
denied.
Upon its finality, the judgment shall be enforced
by the sheriff or any lawful officers as may be
designated by the court, justice or judge within
five (5) working days.
Appeal
Any party may appeal from the final judgment
or order to the Supreme Court under Rule 45.
The appeal may raise questions of fact or law or
both.
The period of appeal shall be five (5) working
days from the date of notice of the judgment or
final order.
The appeal shall be given the same priority as in
habeas corpus and amparo cases.
Institution of Separate Actions
The filing of a petition for the writ of habeas
data shall not preclude the filing of separate
criminal, civil or administrative actions.
Consolidation
When a criminal action is filed subsequent to
the filing of a petition for the writ, the latter
shall be consolidated with the criminal action.
When a criminal action and a separate civil
action are filed subsequent to a petition for a
writ of habeas data, the petition shall be
consolidated with the criminal action.
After consolidation, the procedure under this
Rule shall continue to govern the disposition of
the reliefs in the petition.
Effect of Filing of a Criminal Action
When a criminal action has been commenced,
no separate petition for the writ shall be filed.
The relief under the writ shall be available to an
aggrieved party by motion in the criminal case.
The procedure under this Rule shall govern the
disposition of the reliefs available under the
writ of habeas data.
Human Rights Legal Mechanisms: The Writ of
AMPARO Commented [vjd16]: E-E-I
Enforced or Involuntary Disappearance
Extra judicial Killings
Impunity
Adapted by the Latin American Legal System
Developed under the 1925 Constitution of
Mexico [Article 107]
Enshrined in Article 43 of the 1994
Constitution of Argentina
Chile passed it as a law under Act No.
16.986 [May 2002].
Nicaraguan Definition
It may be Provided through Statute under
Decree No. 232 [The Law of Amparo for
Personal Freedom and Security] and the
 Constitution by the Fundamental statute of
July 20, 1979.
Amparo operates:
a) on behalf of a person who has been
detained or threatened with detention
upon orders of the State;
b) against a sentence of imprisonment
imposed upon a person who has not been
detained and who wishes to be released
from its effects.
Amparo Suits in Mexico
1) "amparo" as a defense of individual rights
such as life, liberty, and personal dignity;
2) "amparo" against laws deemed un-
constitutional ;
3) "amparo" in judicial matters (examine the
legality of judicial decisions);
4) administrative "amparo" (providing
jurisdiction against administrative enactments
5) "amparo" in agrarian matters (protecting the
communal ejidal rights of the peasants)..
SECTION 1.
Petition. The petition for a writ of amparo
is a remedy available to any person whose
right to life, liberty and security is violated
or threatened with violation by an unlawful
act or omission of a public official or
employee, or of a private individual or
entity. The writ shall cover extralegal killings
and enforced disappearances or threats
thereof.
Right to Life
Reyes v. Court of Appeals,
GR No. 182161, December 3, 2009
While the right to life under Article III,
Section 1 guarantees essentially the right to
be alive x x xx it is a life lived with the
assurance that the government xxx, will
protect the security of his person and
property. X x x x it is invaded not only by a Commented [vjd17]: DT-SI
deprivation of life but also of those things
which are necessary to the enjoyment of life
Right to Liberty
Case of Manalo and Reyes
Liberty as guaranteed by the Constitution
was defined xxx the right to exist and the
right to be free from arbitrary restraint or
servitude. The term cannot be dwarfed into
mere freedom from physical restraint x x x,
but is deemed to embrace the right of man
to enjoy the facilities with which he has
been endowed by his Creator, x x x
Release from prison does not mean no
more threat to liberty
See Cruz vs Bulacan (Castillo vs Cruz G.R.
No. 182165 November 25, 2009
RIGHT TO SECURITY
(Sec. of Defense vs. Manalo) Commented [vjd18]: FF-BPIS-G
1. First, the right to security of person is
freedom from fear. X x x x
2. Second, the right to security of person is a
guarantee of bodily and psychological
integrity or security.
3. third, the right to security of person is a
guarantee of protection of ones rights by
the government.
In a broad sense, the right to security of
person emanates in a persons legal and
uninterrupted enjoyment of his life, his
limbs, his body, his health, and his
reputation. It includes the right to exist, and
the right to enjoyment of life while existing,
 and it is invaded not only by a deprivation of
life but also of those things which are
necessary to the enjoyment of life according
to the nature, temperament, and lawful
desires of the individual
Extra judicial killing
As the Amparo Rule was intended to address the
intractable problem of extralegal killings and
enforced disappearances, its coverage, in its
present form, is confined to these two instances
or to threats thereof.
Extralegal killings are killings committed What it is not, is a writ to protect concerns
without due process of law, i.e., without
legal safeguards or judicial proceedings.
Secretary of Defense vs Manalo
1. an arrest, detention or abduction of a person
2. by a government official or organized
groups or private individuals acting
with the direct or indirect
acquiescence of the government;
3. the refusal of the State to disclose the
fate or whereabouts of the person
concerned
4. or a refusal to acknowledge the
deprivation of liberty which places such
persons outside the protection of law.
Government Participation-Crucial (Pardico
Case)
Thus is the absence of an allegation or proof
that the government or its agents had a hand in
Bens disappearance or that they failed to
exercise extraordinary diligence in investigating
his case, the Court will definitely not hold the
government or its agents either as responsible
or accountable persons, the high court held.
Amparo does not cover purely property or
commercial issues
The threatened demolition of a dwelling by
virtue of a final judgment of the court,
which in this case was affirmed with finality
by this Court in G.R. Nos. 177448 xxx is not
included among the enumeration of rights
as stated in the above-quoted Section 1 for
which the remedy of a writ of amparo is
made available. Canlas vs Napico
Homeowners Association (G.R. No. 182795)
that are purely property or commercial
(Tapuz v. Del Rosario G.R. No. 182484 )
President as a Respondent
1. amparo does not result in administrative, civil
Commented [vjd19]: A-D-A
or criminal sanctions
2. David vs Arroyo obiter
3. immunity provisions
Lozada vs. Arroyo
It is settled in jurisprudence that the President
enjoys immunity from suit during his or her
tenure of office or actual incumbency.
Conversely, this presidential privilege of
immunity cannot be invoked by a non-sitting
president even for acts committed during his or
her tenure. It must be underscored, however,
that since her tenure of office has already
ended, former President Arroyo can no longer
invoke the privilege of presidential immunity as
a defense to evade judicial determination of her
responsibility or accountability for the alleged
violation or threatened violation of the right to
life, liberty and security of Lozada.
Section 2 Hierarchy
1. The aggrieved party
2. immediate family of the injured party
3. relative within the fourth degree
4. Any concerned citizen or organization if
there is no known member of the immediate
family or relative of the aggrieved party.
Chile-may be filed on behalf of any person.
Argentina-may be filed by the damaged party,
the ombudsman and the associations which
foster such ends
Sec. 3 Where and When to File
The petition may be filed on any day and at
any time with the Regional Trial Court of
the place where the threat, act or omission
was committed or any of its elements
occurred, or
with the Sandiganbayan, the Court of
Appeals, the Supreme Court, or any justice
of such courts
Sec. 5 Contents of Petition
The petition shall be signed and verified and
shall allege the following:
(a) The name and personal circumstances of the
petitioner and respondent;
(b) if the name is unknown or uncertain, the
respondent may be described by an assumed
appellation;
(c) The right to life, liberty and security of the
aggrieved party violated or threatened with
violation
(d) The investigation conducted, if any,
specifying the names, personal circumstances of
the investigating authority or individuals, as
well as the manner and conduct of the
investigation,;
(e) The actions and recourses taken by the
petitioner to determine the fate or
whereabouts of the aggrieved party and the
identity of the person responsible for the
threat, act or omission; and
SEC. 6. Issuance of the Writ. Upon the filing of
the petition, the court, justice or judge shall
immediately order the issuance of the writ if on
its face it ought to issue.
A hearing MUST BE SET within seven (7) days
from the date of its issuance
ANY PERSON MAY BE DEPUTIZED TO SERVE THE
WRIT
Returnwithin 5 days Commented [vjd20]: LD-SoA-ARI-PO
(a) The lawful defenses to show that the
respondent did not violate or threaten with
violation the right to life, liberty and security of
the aggrieved party, through any act or
omission;
(b) The steps or actions taken by the
respondent to determine the fate or
whereabouts of the aggrieved party and the
person or persons responsible for the threat,
act or omission;
(c) All relevant information in the possession of
the respondent pertaining to the threat, act or
omission against the aggrieved party; and
(d) If the respondent is a public official the
return shall further state the actions that have
been or will still be taken:
(ii) to recover and preserve evidence
related to the death or disappearance
of the person x x x ;
(iii) to identify witnesses and obtain
statements from them concerning the
death or disappearance;
(iv) to determine the cause, manner,
location and time of death or
disappearance as well as any pattern or
practice that may have brought about
the death or disappearance;
(v) to identify and apprehend the
person or persons involved; and
 (vi) to bring the suspected offenders
before a competent court.
Sec. 14-Interim Relief
(a) Temporary Protection Order. The court,,
upon motion or motu proprio, may order that
the petitioner or the aggrieved party and any
member of the immediate family be protected
in a government agency or by an accredited
person or private institution capable of keeping
and securing their safety.
Razon vs Tagitis
G.R. No. 182498 December 3, 2009
This Decision reflects the nature of the Writ of
Amparo a protective remedy against
violations or threats of violation against the
rights to life, liberty and security. X x xx It does
not determine guilt nor pinpoint criminal
culpability for the disappearance; rather, it
determines responsibility, or at least
accountability, for the enforced disappearance
for purposes of imposing the appropriate
remedies to address the disappearance
Witness Protection
o The court, justice or judge, upon motion or
motu proprio, may refer the witnesses to
the Department of Justice for admission to
the Witness Protection, Security and Benefit
Program, xxx
o The court, justice or judge may also refer
the witnesses to other government
agencies, or to accredited persons or
private institutions capable of keeping and
securing their safety.
(c) Inspection Order. The court, upon verified
motion and after due hearing, may order any
person in possession or control of a designated
land or other property, to permit entry for the
purpose of inspecting, measuring, surveying, or
photographing the property or any relevant
object or operation thereon.
GATDULA VS. DOJ
RTC Judge Pampilo granted the motion for
inspection of the vehicle used by the victim
during the ambush.
Solicitor General objects on the ground that
it is irrelevant
Yano vs. Sanches
While xxx We could not find any link between
Respondents individual military officers to the
disappearance of Nicolas and Heherson,
nonetheless, the fact remains that the two men
are still missing. Hence, We find it equitable to
grant petitioners some reliefs in the interest of
human rights and justice as follows:
1. Inspections of the following camps: Camp
Servillano Aquino, San Miguel, Tarlac City, any
military camp of the 7th Infantry Division located
in xxx Hacienda Luisita, Tarlac City, within
reasonable working hours of any day except
when the military camp is on red alert status.
Opposition on National Security
the court, may conduct a hearing in
chambers to determine the merit of the
opposition. The movant must show that the
inspection order is necessary to establish
the right of the aggrieved party alleged to
be threatened or violated. and
Specify the persons authorized to make the
inspection and the date, time, place and
manner of making the inspection and may
prescribe other conditions to protect the
 constitutional rights of all parties. The order
shall expire five (5) days after the date of its
issuance, unless extended.
b. Production Order
The court, upon verified motion and after due
hearing, may order any person in possession,
custody or control of any designated
documents, papers, x x x photographs, tangible
things, or objects in digitized or electronic form,
which constitute or contain evidence relevant
to the petition or the return, to produce and
permit their inspection, copying or
photographing.
SEC. 17. Burden of Proof and Standard of
Diligence Required.
The parties shall establish their claims by
substantial evidence.
The respondent who is a public official or
employee must prove that extraordinary
diligence as required by applicable laws x x was
observed in the performance of duty.
The respondent public official or employee
cannot invoke the presumption that official
duty has been regularly performed to evade
responsibility or liability.
Razon vs Tagitis
These difficulties largely arise because the State
itself the party whose involvement is alleged
investigates enforced disappearances. Past
experiences in other jurisdictions show that the
evidentiary difficulties are generally threefold.
First, there may be a deliberate concealment of
the identities of the direct perpetrators.
Experts note that abductors are well organized,
armed and usually members of the military or
police forces
Second, deliberate concealment of pertinent
evidence of the disappearance is a distinct
possibility
Third is the element of denial; in many cases,
the State authorities deliberately deny that the
enforced disappearance ever occurred
Four Kinds of Proceedings or Four Levels of
Proof
The [Writ] provides rapid judicial relief as it
partakes of a summary proceeding that
requires only substantial evidence to make the
appropriate reliefs available to the petitioner; it
is not an
(1) action to determine criminal guilt
requiring proof beyond reasonable doubt, or
(2) liability for damages requiring
preponderance of evidence, or
(3)administrative responsibility requiring
substantial evidence that will require full and
exhaustive proceedings.]
(GR No. 182498, Razon v. Tagitis, December 3,
2009)
we reduce our rules to the most basic test
of reason i.e., to the relevance of the
evidence to the issue at hand and its
consistency with all other pieces of adduced Commented [vjd21]: DC of ID-DC of PE- ED
evidence. Thus, even hearsay evidence can
be admitted if it satisfies this basic
minimum test.
SEC. 19. Appeal. Any party may appeal
from the final judgment or order to the
Supreme Court under Rule 45. The appeal
may raise questions of fact or law or both.
The period of appeal shall be five (5)
working days from the date of notice of the
adverse judgment. The appeal shall be
 given the same priority as in habeas corpus
cases.
SEC. 22. Effect of Filing of a Criminal Action.
When a criminal action has been commenced,
no separate petition for the writ shall be filed.
The reliefs under the writ shall be available by
motion in the criminal case. The procedure
under this Rule shall govern the disposition of
the reliefs available under the writ of amparo.
- consolidation with pending criminal action
Pending Criminal action fatalGuerra Case
The reason why the pendency of a criminal
action bars the filing of a petition for Amparo is,
as the Supreme Court (SC) explains in its
annotation to the writ of amparo, to avoid the
difficulties that may be encountered when the
amparo action is allowed to proceed separately
from the criminal action, wherein two courts
trying essentially the same subject may issue
conflicting orders,
Initial Rulings
1. Bustamante/Munasque- Voluntary Custody
not an absolute defense in amparo
2. Mangayonvoluntary custody valid
3. Burgos-failure to present clear proof of
involvement of respondents leads to dismissal
of amparo
4.Cadapanmilitary failed to prove that they
do not have cadapan-empeno as against
testimony of witnesses
5. Judge Floro case- Judge vs Judge must be
resolved within SC administrative rules
6. Kriss MccordAmparo is not a defense in
deportation proceedings
7. Chee Leong case-amparo cannot cure a lost
appeal
8. RubricoTRO cannot be granted in amparo
9. Bill Luzwithdraw amparo petition
10. Mary Tagitis Case (Petitioners case)
11. Funcion vs RTCAmparo is not remedy for
mistrial
12 Fr Robert Reyes- amparo is not available if
the act is not unlawful
Secretary Of National Defense vs. Manalo [G.R.
No. 180906, Oct. 7, 2008]
As the Amparo Rule was intended to address
the intractable problem of extralegal killings
and enforced disappearances, its coverage, in
its present form, is confined to these two
instances or to threats thereof.
Extralegal killings are killings committed
without due process of law, i.e., without legal
safeguards or judicial proceedings.
Findings
the abduction was perpetrated by armed
men who were sufficiently identified by the
petitioners (herein respondents) to be military
personnel and CAFGU auxiliaries
We are convinced, too, that the reason for the
abduction was the suspicion that the petitioners
were either members or sympathizers of the
NPA
Refer to investigative agencies
o The efforts exerted by the Military
Command to look into the abduction were,
at best, merely superficial
o there need not necessarily be a deprivation
of liberty for the right to security of person
to be invoked.

(1) Gen. Palparans participation in the

abduction was also established. At the very
least, he was aware of the petitioners captivity
at the hands of men in uniform assigned to his
command.

(2) x x x his knowledge of the dire situation of

the petitioners during their long captivity at the
hands of military personnel under his command
bespoke of his indubitable command policy that
unavoidably encouraged and not merely
tolerated the abduction of civilians without due
process of law

Summary

1. Context of Amparo-judicial intent is liberality

to gather information

2. Nature of Amparo-killings and

disappearances; summary

3. interim reliefprivatization of investigation

and witness protection and discovery

4. jurisprudence