Venice Joy Santisteban

Special Proceedings (Sat)

Atty. Brenda Tangarorang
February 25, 2017

Comparison of the remedies of Habeas Corpus, Habeas Data and

Amparo

While Habeas Corpus is a remedy, it is as well a substantive law because the

right to habeas corpus is expressly enunciated in the Constitution. On the
other hand, Habeas Data and Amparo in themselves respectively are not
substantive law in nature. Both the latter are fruits of the powers of the
Supreme Court to promulgate procedures concerning protection of
constitutional rights.

To further understand the similarities and differences of the three

aforementioned remedies, I have the constructed the following table:

Writ of Writ of Writ of

Habeas Corpus Habeas Data Amparo

A high It is a remedy Also a high

prerogative available to any prerogative
writ, it may be person whose remedy. It is
availed of in right to privacy available to any
cases of illegal in life, liberty or person whose
confinement by security is right to life,
which any violated or liberty and
person is threatened by an security is
deprived of unlawful act or violated or
his/her liberty, omission of a threatened with
What or by which the public official or violation by an
rightful custody employee, or of unlawful act or
of any person is a private omission of a
withheld from individual or public official or
the person entity engaged employee, or a
entitled thereto. in the gathering, private individual
Writ of collecting or or entity. It also
Habeas Corpus storing of data or covers
information extrajudicial
regarding the killings and
person, family, enforced
home and disappearance or
correspondence threats thereof.
of the aggrieved
party.
Governing Rule 102 AM No. 08-1-16 AM No. 07-9-12
Law SC SC

Constitution Art. VIII Sec. 5 Art. VIII Sec. 5 Art. VIII Sec. 5 (5)
al (1) (5) SC is vested with
Basis SC exercise SC is vested with the power to
original the power to promulgate rules
jurisdiction over promulgate rules concerning
cases of habeas concerning protection and
corpus protection and enforcement of
enforcement of constitutional
constitutional rights
rights

Rights The right to The right to The right to life,

covered liberty privacy in life, liberty and
liberty and security
security
Purpose The writ of To protect the To ensure that all
habeas corpus right to find out efforts at
was devised what use and for disclosure and
and exists as a what purpose investigation are
speedy and such data are undertaken under
effectual being collected pain of indirect
remedy to as well as to give contempt from
relieve persons the petitioner this Court when
from unlawful the opportunity governmental
restraint, and to question the efforts are less
as the best and data and than what the
only sufficient demand their individual
defense of updating, situations require.
personal rectifying or
freedom. A prim destruction. To address the
specification of disappearance, so
an application that the life of the
for a writ of victim is
habeas corpus preserved and his
is restraint of or her liberty and
liberty. The security restored
essential object
and purpose of
the writ of
habeas corpus
is to inquire into
all manner of
involuntary
restraint as
distinguished
from voluntary,
and to relieve a
person
therefrom if
such restraint is
illegal. Any
restraint which
will preclude
freedom of
action is
sufficient

Exhaustion Where there is When a criminal A separate action

of other an available action has been may be filed
Remedies remedy in the commenced, no before, during,
ordinary course separate petition and after the
of law, the writ for the writ shall filing of the
is not ordinarily be Amparo petition.
 granted, unless filed, but the In fact the
there is an reliefs under the remedies that
exceptional writ shall be Amparo may
circumstance to available by grant may be
warrant motion in the availed of in a
otherwise. criminal case, related pending
and the criminal action.
procedure under Moreover,
this Rule shall Amparo was
govern the envisaged to be a
disposition of the swift remedy for
reliefs available people whose
under the writ of rights to life,
habeas data. liberty, and
security are in
When a criminal peril and who
action and a may be
separate civil vulnerable to
action are filed enforced
subsequent to a disappearance or
petition for a writ extrajudicial
of habeas data, killing. A
the petition shall prerequisite that
be consolidated there should be
with the criminal no readily
action. After available legal
consolidation, recourse or
the procedure remedy for an
under this Rule amparo petition
shall continue to to prosper is at
govern the war with the
disposition of the purpose for which
reliefs in the this remedy was
petition. conceived.

Jurisdiction Supreme Court Supreme Court Supreme Court or

and Venue or Court of or Court of Court of Appeals
Appeals Appeals when or
the action Sandiganbayan or
RTC-but only concerns public
within its data files of the RTC- where the
judicial district Government threat or act or
omission of any
RTC of the place of its elements
where petitioner occurred
or respondent
resides or where
the data is
gathered,
collected or store
 at the option of
the petitioner

Who may Verified petition Verified petition Verified petition

file and signed by the by any by the aggrieved
what kind of party for whose aggrieved party party or by any
petition relief is qualified person
intended or by (In cases of or entity in the ff.
some person on extrajudicial order
his behalf killings or 1. any
enforced member of
disappearance the
1. any immediate
member family
of the 2. any
immediate ascendant,
family descendant
2. any or
ascendant collateral
, relative
descendan within the
t or 4th civil
collateral degree
relative 3. any
within the concerned
4th civil citizen,
degree association
, institution

Effect When detention If the allegations If the allegations

is found to be are proven by are proven by
unlawful, the substantive substantial
court of judge evidence, the evidence, the
will order the court shall enjoin court shall grant
discharge of the the act the privilege of
person from complained of, the writ and such
confinement or order the relief as may be
but such order deletion, proper and
shall not be destruction or appropriate,
effective until rectification of otherwise the
the order has the erroneous privilege shall be
been served to data or denied
the officer or information and
person grant other If the court
detaining. relevant relief as however finds out
may be just and that it cannot
When the equitable. proceed with the
detention is determination or
found to be valid causes such
lawful, the court as failure of
 or judge will petitioner or
recommit the witness to appear
prisoner and due to threats on
bail shall be their lives, it shall
allowed if archive the
applicable. proceeding and
the court (motu
propio or upon
motion of party)
shall conduct a
periodic review
and order the
revival of the
proceeding when
it can already
proceed.

Contents of In habeas The verified In Amparo, the

Initiatory corpus, the written petition petition should
Petition petition should shall allege the allege the
allege the following: following:
following: a) The
(a) The petitioners
1. The personal personal
person in circumstances of circumstances;
whose behalf the petitioner
the application and the b) the name
is filed; respondent; and personal
circumstances of
2. The (b) The the respondent
officer or the manner the right responsible for
name of the to privacy is the threat, act, or
person violated or omission, or, if
detaining threatened and the name is
him/her or, if how it affects the unknown or
unknown, right to life, uncertain, the
he/she may be liberty respondent may
described by an or security of the be described by
assumed aggrieved party; an assumed
appellation and appellation;
the person who (c) The
is served with actions and c) the right to
the writ shall be recourses taken life, liberty, and
deemed the by the petitioner security of the
person to secure the aggrieved party
intended; data or violated or
information; threatened with
3. The place violation by an
where the (d) The unlawful act or
person is location of the omission of the
 detained; and files, registers or respondent, and
4. Copy of the databases, the how such threat
commitment or government or violation is
the cause of his offce, and the committed, with
detention, if it person in the attendant
can be procured charge, in circumstances
without possession or in detailed in
impairing the control of the supporting
efficiency of the data or affidavits;
remedy; or if information, if
the detention is known; d) the
without any investigation
legal authority, (e) The reliefs conducted, if any,
such fact shall prayed for, specifying the
appear. which may names, personal
include the circumstances,
updating, and addresses of
rectification, the investigating
suppression or authority or
destruction of individuals, as
the database or well as the
information or manner and
files kept by the conduct of the
respondent. investigation,
together with any
report;
In case of
threats, the relief
may include a e) the actions
prayer for an and recourses
order enjoining taken by the
the act petitioner to
complained of; determine the
and fate or
whereabouts of
(f) Such other the aggrieved
relevant reliefs party and the
as are just and identity of the
equitable. person
responsible for
the threat, act, or
omission; and the
relief prayed for.

Time of Only in working Any day at any

filing day and on time
working hours

Enforceabilit A Writ of Writ of Habeas Writ of Amparo is

y Habeas Corpus Data is enforceable
 is enforceable enforceable anywhere in the
anywhere only anywhere in the Philippines,
if issued by the Philippines regardless of
Supreme Court which court
or the Court of issued it.
Appeals. A writ
granted by the
Regional Trial
Court is
enforceable
only within the
district.

Who may be The person or A public official An entity or

impleaded persons or employee, or person who
detaining of a private authored the
another or who individual or enforced
do not have entity engaged disappearance,
rightful custody in the gathering, extrajudicial
of latter. collecting or killing, violation
storing of data or or threats of
information violation of the
regarding the life, liberty, and
person, family, security of an
home and individual may be
correspondence liable under the
of the aggrieved writ.
party.
In the case of
enforced
disappearance,
the tenor of
Manalo eliminates
private actors as
respondents,
unless they act
with the direct or
indirect
acquiescence of
the government.

Opinion on Delimas Petition for Writ of Habeas Data against the

present President of the Philippines

First, at the onset of the petition, the petitioner seemed to hold the
President as respondent in his capacity as such. However, under paragraph
24 of her allegations and many times thereafter, she averred that the
presidential immunity from suits is not applicable in this case because the
Presidents personal attacks against petitioner are not part of his duties and
functions as Chief Executive. It is quite very contrary to the label she place
on the title.

Second, as can be gleaned from Section 1 of the Rule on the Writ of

habeas Data, the writ is specifically available against 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. If the personal attacks to
the petitioner as alleged against the respondent are in his personal capacity,
in what case would then the petition apply? I mean, although the information
behind the personal attacks might have been gathered from sources
somewhere, but the allegations and exhibits only show how the personal
attacks were conducted and there is no allegations that would point out the
manner the right to privacy is violated or threatened which would lean
towards a substantial evidence of the act of engaging in the gathering,
collecting or storing of data or information regarding the person, family,
home and correspondence of the aggrieved party.

Third, the Rule on Habeas Data also provides that the petition must
contain the actions and recourses taken by the petitioner to secure the data
and information. None is provided for in the memorandum. In this light, I
share a very insightful quote below

The individuals desire for privacy is never absolute, since

participation in society is an equally powerful desire. Thus each
individual is continually engaged in a personal adjustment process in
which he balances the desire for privacy with the desire for disclosure
and communication of himself to others, in light of the environmental
conditions and social norms set by the society in which he lives.

~ Alan Westin, Privacy and Freedom (1967)