SPECIAL WRITS

There are four special writs which the courts may issue, These writs essentially involve the
violation or threatened violation of certain constitutional rights. The Supreme Court promulgated the rules
by which these writs may be issued pursuant to its power to promulgate rules concerning the protection and
enforcement of constitutional rights. These four writs are as follows:
1. Writ of Habeas Corpus
2. Writ of Amparo
3. Writ of Habeas Data
4. Writ of Kalikasan

Habeas Corpus, Amparo, Habeas Data and Kalikasan

The Writes of Habeas Corpus, Amparo, Habeas Data, and Kalikasan may be distinguished as
follows:

Habeas Corpus Amparo Habeas Data Kalikasan

Essence The writ of habeas The writ of The writ of habeas The writ of
corpus involves amparo involves data involves the kalikasan involves
the right to liberty. the right to life, right to privacy in the right to a
It extends to all liberty, and life, liberty, and balanced and
cases of illegal security. security. healthful ecology
confinement or involving
detention by It covers environmental
which any person extrajudicial damage of such
is deprived of his killings, enforced magnitude as to
liberty, or by disappearances prejudice the life,
which the rightful and threats health or property
custody of any thereof. of inhabitants in
person is withheld two or more cities
from the person or provinces.
entitled thereto.

Definition “Habeas corpus” “Amparo” traces “Habeas data”

literally means its origin from the translates to “you
“you have the Spanish word have the data.”
body” in Latin. “amparer” which
translates to “to
protect.”

Availability It is a writ directed The writ of It is a remedy It is a special

to the person amparo is a available to any remedy available
detaining another, remedy available person whose to a natural or
commanding him to one whose right right to privacy in juridical person,
to produce the to life, liberty, and life, liberty, or entity authorized
body of the security are security is violated by law, people’s
prisoner at a violated or or threatened by organization, non-
designated time threatened with an unlawful act or governmental
and place, with the violation by an omission of a organization, or
 day and cause of unlawful act or public official or any public interest
his caption and omission of a employee, or of a group accredited
detention to do, public official or private individual by or registered
submit to, and employee, or of a or entity engaged with any
receive whatever private individual in the gathering, government
the court or judge or entity. The writ collecting or agency, on behalf
awarding the writ covers extralegal storing of data or of persons whose
shall consider in killings and information constitutional right
that behalf. enforced regarding the to a balanced and
disappearances or person, family, healthful ecology
threats thereof. home, and is violated, or
correspondence of threatened with
the aggrieved violation by an
party. unlawful act or
omission of a
public official or
employee, or
private individual
or entity,
involving
environmental
damage of such
magnitude as to
prejudice the leif,
health, or property
of inhabitants in
two or more cities
or provinces

Available against 1. Deprivatio A violation or A violation or A violation or

n of threatened threatened threatened
liberty; violation by an violation of the violation of the
and unlawful act or right to privacy in right to a balanced
2. Withholdi omission of: life, liberty, or and healthful
ng the 1. A public security by an ecology by an
rightful official; unlawful act or unlawful act or
custody of 2. A public omission of: omission of:
any employee; 1. A public
person and 1. A public official
3. A private official; 2. A public
individual 2. A public employee;
or entity employee; and/or
and 3. A private
3. A private individual
individual or entity
or entity
Engaged in the
gathering,
collecting, or
storing of data or
 information
regarding the
person, family,
home and
correspondence of
the aggrieved
party.

Coverage 1. All cases 1. Extrajudic 1. Gathering Environmental

of illegal ial killings 2. Collecting damage of such
confineme 2. Enforced 3. Storing of magnitude as to
nt or disappeara data or prejudice the life,
detention nces informatio health or property
by which n of inhabitants in
any two or more cities
person is Regarding: or provinces
deprived 1. Person
of his 2. Family
liberty 3. Home
2. The 4. Correspon
rightful dence
custody of
any
person is
withheld
from the
person
entitled
thereto

Who may file Party for whose Aggrieved party, General Rule: 1. A natural
relief it is or any qualified Aggrieved party or
intended, or by person or entity in juridical
some person on the following Exception: In person
his behalf order: cases of extralegal 2. Entity
1. Any killing and authorized
member enforced by law
of the disappearances, 3. People’s
immediate the petition may organizati
family be filed by: on, non-
namely: 1. Any governme
the member ntal
spouse, of the organizati
children, immediate on, or any
and family of public
parents of the interest
the aggrieved group
aggrieved party, accredited
party namely: by or
2. Any the registered
 ascendant, spouse, with any
descendan children governme
t or and nt agency,
collateral parents on behalf
relative of of persons
the whose
aggrieved constitutio
party nal right
within the to a
fourth balanced a
civil healthful
degree of ecology is
consangui violated or
nity or threatened
affinity in with
default of violation
those
mentioned
in the
preceding
paragraph;
or
3. Any
concerned
citizen,
organizati
on,
associatio
n or
institution,
if there is
no known
member
of the
immediate
family or
relative of
the
aggrieved
party

Venue 1. Regional 1. Regional 1. Regional 1. Supreme

Trial Trial Trial Court
Court Court of Court 2. Court of
where the the place where the Appeals
person is where the petitioner
detained threat, act or
2. Sandiganb or responden
ayanf omission t resides,
3. Court of was or that
 Appeals committed which has
4. Supreme or any of jurisdictio
Court its n over the
5. OR any elements place
Justice of occured where the
the three 2. Sandiganb data or
preceding ayan informatio
courts 3. Court of n is
Appeals gathered
4. Supreme collected
Court or stored,
5. Or any at the
Justice of option of
the three the
preceding petitioner
courts 2. Sandiganb
ayan
3. Court of
Appeals
4. Supreme
Court
when the action
concerns public
data files of
government
offices

Enforceability of Issued by the Anywhere in the Anywhere in the

the Writ Sandiganbayan, Philippines Philippines
Court of Appeals,
Supreme court:
Anywhere in the
Philippines

Issued by the
Regional Trial
Court: Judicial
district

Where the Writ Issued by the Issued by the Issued by the

is Returned Regional Trial Regional Trial Regional Trial
Court or judge Court or judge Court or judge
thereof: Before thereof: Before thereof: Before
such court or such court or such court or
judge judge judge

Sandiganbayan, Sandiganbayan, Sandiganbayan,

Court of Appeals, Court of Appeals, Court of Appeals,
or any of its or any of its or any of its
justices: justices: justices:
 Before such court - Before such - Before such
or justice thereof court or justice court or justice
thereof thereof
- Any Regional - Any Regional
Trial Court where Trial Court of the
the threat, act, or place where the
omission was petitioner or
committed or any respondent resides
of its elements or that which has
occurred jurisdiction over
the place where
Supreme Court or the data or
any of its justices: information is
- Before such gathered,
court or justice collected, or
thereof stored
- Sandiganbayan
or Court of Supreme Court or
Appeals, or any of any of its justices:
its justices - Before such
- Any Regional court or justice
Trial Court where thereof
the threat, act, or - Sandiganbayan
omission was or Court of
committed or any Appeals, or any of
of its elements its justices
occured - Any 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

When to Ony any day and Ony any day and Only indigent Exempt from
File/Docket Fees at any time at any time. petitioner is payment of docket
Exempt from exempt from fees
docket and other docket and other
lawful fees lawful fees

Contents of 1. Person in 1. Personal 1. Personal 1. Personal

Petition whose circumsta circumsta circumsta
behalf the nces of nces of nces of
applicatio the the the
 n is made petitioner; petitioner petitioner
is 2. Name and and the 2. Name and
imprisone personal responden personal
d or circumsta t circumsta
restrained nces of 2. Manner nces of
of his the the right the
liberty; responden to privacy responden
2. Officer or t is violated t
name of responsibl or responsibl
the person e for the threatened e for the
by whom threat, act and how it threat, act
he is or affects the or
imprisone omission, right to omission,
d or or, if the life, or, if the
restrained; name is liberty, or name is
or if both unknown security of unknown
are or the or
unknown uncertain, aggrieved uncertain,
or the party the
uncertain, responden 3. Actions responden
such t may be and t may be
officer or described recourses described
person by an taken by by an
may be assumed the assumed
described appellatio petitioner appellatio
by an n; to secure n;
assumed 3. Right to the data or 3. Environm
appellatio life, informatio ental law,
n,and the liberty and n; rule, or
person security of 4. Location regulation
who is the of the violated or
served aggrieved files, threatened
with the party registers to be
write shall violated or or violated,
be deemed threatened databases, the act or
the person with the omission
intended; violation governme complaine
3. Place by an nt office, d of, and
where he unlawful and the the
is so act or person in environme
imprisone omission charge, in ntal
d or of the possession damage of
restrained, responden or in such
if known; t, and how control of magnitude
4. A copy of such the data or as to
the threat or informatio prejudice
commitme violation n, if the life,
nt or is known health or
cause of committed 5. Reliefs property
detention with the prayed of
 of such attendant for, which inhabitant
person if circumsta may s in two or
it can be nces include more
procured detailed in the cities or
without supporting updating, provinces;
impairing affidavits rectificati 4. All
the 4. Investigati on, relevant
efficiency on suppressio and
of the conducted n or material
remedy , if any, destructio evidence
or, if the specifying n of the consisting
imprison the names, database of the
ment or personal or affidavits
restraint is circumsta informatio of
without nces, and n or files witnesses
any legal addresses kept by document
authority, of the the ary
such fact investigati responden evidence,
shall ng t scientific
appear. authority 6. In case of or other
This petition shall or threats, expert
be signed and individual the relief studies,
verified. s, as well may and if
as the include a possible
manner prayer for object
and an order evidence
conduct of enjoining 5. Certificati
the the act on against
investigati complaine forum
on d of; and shopping;
together 7. Such other and
with any relevant 6. The reliefs
report; reliefs as prayed for
5. Actions are just which
and and may
recourse equitable. include a
taken by prayer for
the The petition shall the
petitioner be in writing and issuance
to must be verified. of a
determine Temporar
the fate or y
whereabo Environm
uts of the ental
aggrieved Protection
party and Order.
the
identity of The petition must
the person be verified.
responsibl
 e for the
threat, act,
or
omission;
and
6. Relief
prayed
for.

The petition must

be signed and
verified.

Issuance of the Writ shall be Writ shall be Writ shall be Within three days
Writ issued if it appears issued if on its issued if on its from the date of
that the writ ought face it ought to face it ought to filing of the
to issue. issue. issue. petition, if the
petition is
The clerk of the The clerk shall The clerk shall sufficient in form
court shall issue issue the writ issue the writ and substance, the
the writ under the under the seal of under the seal of court shall give an
seal of the court or the court; or in the court and order:
in case of case of urgent cause it to be a) issuing the writ;
emergency, the necessity, the served within and b) requiring
judge may issue justice or the three days from the respondent to
the writ under his judge may issue the issuance; or in file a verified
own hand, and the writ under his case of urgent return.
may depute any or her own hand, necessity, the
officer or person and may deputize justice or the The clerk of court
to serve it. any officer or judge may issue shall forthwith
person to serve it. the writ under his issue the writ
or her own hand, under the seal of
and may deputize the court including
any officer or the issuance of a
person to serve it. cease and desist
order and other
temporary reliefs
effective until
further order.

Summary Not later than Not later than ten The hearing
Hearing seven days from working days including the
the date the writ from the date the preliminary
was issued write was issued conference shall
not extend beyond
60 days and shall
be given the same
priority as
petitions for the
writs of habeas
 corpus, amparo,
and habeas data

How Writ is By leaving the The writ shall be The writ shall be The writ shall be
Served original with the served upon the served upon the served upon the
person to whom it respondent by a respondent by a respondent by a
is directed and judicial officer or judicial officer or court officer or by
preserving a copy by a person by a person a person deputized
on which to make deputized by the deputized by the by the court who
return or service, court, justice or court, justice or shall retain a copy
If that person judge who shall judge who shall on which to make
cannot be found, retain a copy on retain a copy on a return of service.
or has not the which to make a which to make a In case the writ
prisoner in his return of service. return of service. cannot be served
custody, then the In case the writ In case the writ personally, the
service shall be cannot be served cannot be served rules on
made on any other personally on the personally on the substituted service
person having or respondent, the respondent, the shall apply.
exercising such rules on rules on
custody. substituted service substituted service
shall apply. shall apply.

Return The return or Within 72 hours Verified written Within a non-

statement shall be after service of the return together extendible period
signed by the writ, the with supporting of ten days after
person who makes respondent shall affidavits within service of the writ,
it file a verified five working days the respondent
written return from service of the shall file a verified
The return shall together with writ return which shall
also be sworn by supporting contain all
him if the prisoner affidavits The period may be defenses to show
is not produced reasonably that the
extended by the respondent did not
In all other cases Court for violate or threaten
unless the return is justifiable reasons to violate, or allow
made and signed the violation of
by a sworn public any environmental
officer in his law, rule, or
official capacity regulations or
commit any act
resulting to
environmental
damage of such
magnitude as to
prejudice the life,
health, or property
of inhabitants in
two or more cities
or provinces.
 All defenses not
raised in the return
shall be deemed
waived

The return shall

include affidavits
of witnesses,
documentary
evidence,
scientific or other
expert studies, and
if possible object
evidence, in
support of the
defense of the
respondent.

A general denial
of allegations in
the petition shall
be considered as
an admission
thereof.

Effect of Failure Hearing of the Hearing of the Hearing of the

to File a Return petition shall petition shall petition shall
proceed ex parte proceed ex parte proceed ex parte

The court may

also grant the
petitioner such
relief as the
petition may
warrant unless the
court in its
discretion requires
the petitioner to
submit evidence.

Prohibited 1. Motion to 1. Motion to 1. Motion to

Pleadings and dismiss dismiss dismiss
Motions 2. Motion 2. Motion 2. Motion
for for for
extension extension extension
of the of the of time to
time to time to file return
file return, file return, 3. Motion
opposition opposition for
, affidavit, , affidavit, postpone
 position position ment
paper, and paper, and 4. Motion
other other for a bill
pleadings; pleadings; of
3. Dilatory 3. Dilatory particulars
motion for motion for 5. Countercl
postpone postpone aim or
ment; ment; crossclaim
4. Motion 4. Motion 6. Third
for a bill for a bill party
of of Complaint
particulars particulars 7. Reply
; ; 8. Motion to
5. Countercl 5. Countercl declare
aim or aim or responden
crossclaim crossclaim t in
; ; default
6. Third 6. Third
party party
complaint complaint
7. Reply 7. Reply
8. Motion to 8. Motion to
declare declare
responden responden
t in t in
default; default;
9. Interventi 9. Interventi
on on
10. Memoran 10. Memoran
dum dum
11. Motion 11. Motion
for for
reconsider reconsider
ation of ation of
interlocut interlocut
ory orders ory orders
or interim or interim
relief relief
orders; orders;
and and
12. Petition 12. Petition
for for
certiorari, certiorari,
mandamu mandamu
s, or s, or
prohibitio prohibitio
n against n against
any any
interlocut interlocut
ory order. ory order.
Available interim 1. Temporar 1. Ocular
reliefs y Inspection
Protection Order
Order 2. Inspection
2. Inspection Order
Order 3. Productio
3. Productio n Order
n Order
4. Witness
Protection
Order

Judgement When the court or The court shall The court shall The court shall
judge has render judgement render judgement render judgement
examined into the within ten days within ten days granting or
cause of caption from the time the from the time the denying the
and restraint of the petition is petition is privilege of the
prisoner, and is submitted for submitted for writ of kalikasan
satisfied that he is decision. If the decision. within 60 days
unlawfully allegations in the from the time the
imprisoned or petition are proven If the allegations petition is
restrained, he by substantial in the petition are submitted for
shall: evidence, the court proven by decision. The
- Forthwith shall grant the substantial reliefs that may be
order his privilege of the evidence, the court granted under the
discharge writ and such shall enjoin the act writ are the
from reliefs as may be complained of, or following:
confineme proper and order the deletion, - Directing
nt appropriate; destruction, or responden
- Such otherwise, the rectification of the t to
discharge privilege shall be erroneous data or permanent
shall not denied. information and ly cease
be grant other and desist
effective relevant reliefs as from
until a may be just and committin
copy of equitable; g acts of
the order otherwise the neglecting
has been privilege of the the
served on writ shall be performan
the officer denied. ce of a
or person duty in
detaining Upon its finality, violation
the the judgement of
prisoner shall be enforced environme
- If the by the sheriff or ntal laws
officer or any lawful officers resulting
person as may be in
detaining designated by the environme
the court, justice or ntal
prisoner judge within five destructio
does not working days. n or
desire to damage
appeal, - Directing
the the
prisoner responden
shall be t public
forthwith official,
released. governme
nt agency,
private
person or
entity to
protect,
preserve,
rehabilitat
e or
restore the
environme
nt;
- Directing
the
responden
t public
official,
governme
nt agency,
private
person or
entity to
monitor
strict
complianc
e with the
decision
and orders
of the
court
- Directing
the
responden
t public
official,
governme
nt agency,
or private
person or
entity to
make
 periodic
reports on
the final
judgement
; and
- Such other
reliefs
which
relate to
the right
of the
people to
a balance
and
healthful
ecology or
to the
protection,
preservati
on,
rehabilitat
ion or
restoration
of the
environme
nt, except
the award
of
damages
to
individual
petitioners
.

Appeal 48 hours from Any party may Any party may Any party may
notice of appeal from the appeal from the appeal from the
judgement final judgement or final judgement or final judgement or
appealed from by order to the order to the order to the
ordinary appeal Supreme Court Supreme Court Supreme Court
under Rule 45. under Rule 45. under Rule 45.

The appeal may The appeal may The appeal may

raise questions of raise questions of raise questions of
fact or law or fact or law or fact or law or
both. both. both.

The period of The period of The appeal must

appeal shall be appeal shall be be taken within 15
five working days five working days days from the
from the date of from the date of notice of the
 notice of the notice of the adverse judgement
adverse judgement judgement or final or denial of
order. motion for
reconsideration.

Institution of The Rule does not The Rule does not The filing of a
Separate Actions preclude the filing preclude the filing petition for the
of separate of separate issuance of a writ
criminal, civil or criminal, civil or of kalikasan shall
administrative administrative not preclude the
actions. actions. filing of separate
civil, criminal, or
administrative
actions.

Effect of FIling a When a criminal When a criminal

Criminal Action action has been action has been
commenced, no commenced no
separate petition separate petition
for the writ shall for the writ shall
be filed. The be filed. The
reliefs under the reliefs under the
writ shall be writ shall be
available by available by
motion in the motion in the
criminal case. criminal case.

Consolidation When a criminal When a criminal

action is filed action is filed
subsequent to the subsequent to the
filing of a petition filing of a petition
for the writ, the for the writ, the
latter shall be latter shall be
consolidated with consolidated with
the criminal the criminal
action. action.

When a criminal When a criminal

action and a action and a
separate civil separate civil
action are filed action are filed
subsequent to a subsequent to a
petition for a writ petition for a writ
of amparo, the of habeas data, the
latter shall be latter shall be
consolidated with consolidated with
the criminal the criminal
action. action.

After After
consolidation, the consolidation, the
procedure under procedure under
this Rule shall this Rule shall
continue to apply continue to govern
to the disposition the disposition of
of the relied in the the relied in the
petition. petition.