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Applicable Rule 102, Rules of Court A.M. No. 07-9-12-SC A. M. No. 08-1-16-SC
Rules A.M. No. 03-04-04-SC (For Minors)
Nature If there is an illegal confinement If the right to life, liberty, and If the right to privacy is
or detention by which any person security is violated (or violated (or threatened to be
is deprived of his liberty, or by threatened to be so) by an so) in gathering, collecting, or
which the rightful custody of any unlawful act or omission of a storing data or information
person is withheld from the person public official, employee, or a about the aggrieved partys
entitled thereto. It is to inquire into private individual or entity. The person/ family/ home/
the legality of a detention/ writ shall cover extralegal correspondence.
confinement. killings and enforced
disappearances or threats
thereof.
Jurisdiction The petition may be filed on any The petition may be filed on any The petition may be filed
day and at any time with the: day and at any time with the: before the:
(1) Supreme Court; (1) Regional Trial Court of the (1) Regional Trial Court where
(2) Court of Appeals; place where the threat, act or the petitioner or respondent
(3) Court of First Instance (now the omission was committed or any resides, or where the data or
RTC); or, of its elements occurred; information is gathered,
(4) Any justice of such courts. (2) Sandiganbayan; collected or stored, at the
(3) Court of Appeal; option of the petitioner;
(4) Supreme Court; or, (2) Supreme Court, Court of
(5) Any justice of such courts. Appeals, or Sandiganbayan,
when the action concerns
public data files of
government offices.
WRIT OF HABEAS CORPUS WRIT OF AMPARO WRIT OF HABEAS DATA
If filed before the SC/ CA, may be The writ shall be enforceable The writ of habeas data shall
enforceable anywhere in the anywhere in the Philippines. be enforceable anywhere in
Philippines. If filed before the CFI, the Philippines.
enforceable only within its district.
For custody of minors:
The petition for custody of minors
shall be filed with the Family Court
of the province or city where the
petitioner resides or where the
minor may be found. The writ shall
be enforceable within its judicial
region to which the Family Court
belongs.
Filed By Application for the writ shall be by The petition may be filed by the The petition may be filed by
petition signed and verified either aggrieved party or by any the aggrieved party.
by the party for whose relief it is qualified person or entity in the
intended, or by some person on his following order: However, in cases of extralegal
behalf. killings and enforced
(a) Any member of the immediate disappearances, the petition
family, namely: the spouse, may be filed by:
For custody of minors: children and parents of
A verified petition for the rightful the aggrieved party; (a) Any member of the
custody of a minor may be filed by (b) Any ascendant, descendant immediate family of the
any person claiming such right. or collateral relative of the aggrieved party, namely: the
aggrieved party within the spouse, children and parents;
fourth civil degree of or,
consanguinity or affinity, in (b) Any ascendant,
default of those mentioned in descendant or collateral
WRIT OF HABEAS CORPUS WRIT OF AMPARO WRIT OF HABEAS DATA
the preceding paragraph; or relative of the aggrieved party
(c) Any concerned citizen, within the fourth civil degree
organization, association or of consanguinity or affinity, in
institution, if there is no known default of those mentioned in
member of the immediate family the preceding paragraph.
or relative of the aggrieved party.
Periods in A court or judge authorized to Upon the filing of the petition, Upon the filing of the petition,
Filing grant the writ must, when a the court, justice or judge shall the court, justice or judge
petition therefor is presented and it immediately order the issuance shall immediately order the
appears that the writ ought to of the writ if on its face it ought issuance of the writ if on its
issue, grant the same forthwith, to issue. face it ought to issue.
and immediately thereupon.
WRIT OF HABEAS CORPUS WRIT OF AMPARO WRIT OF HABEAS DATA
The clerk of the court shall issue The clerk of court shall issue The clerk of court shall issue
the writ under the seal of the the writ under the seal of the the writ under the seal of the
court. court. court and cause it to be
served within three (3) days
from the issuance.
The writ must include the place The writ shall also set the date The writ shall also set the
and time of the hearing or the and time for summary hearing date and time for summary
return. No specified time under the of the petition which shall not be hearing of the petition which
Rule. later than seven (7) days from shall not be later than ten (10)
the date of its issuance. work days from the date of its
issuance.
Appeal The appeal shall be taken within Any party may appeal from the Any party may appeal from
fifteen (15) days from notice of the final judgment or order to the the final judgment or order to
judgment or final order appealed Supreme Court under Rule 45. the Supreme Court under
from. Where a record on appeal is The appeal may raise questions Rule 45. The appeal may raise
required, the appellant shall file a of fact or law or both. questions of fact or law or
notice of appeal and a record on both.
appeal within thirty (30) days from
notice of the judgment or final The period of appeal shall be five The period of appeal shall be
order. However, an appeal in (5) working days from the date of five (5) working days from the
habeas corpus cases shall be taken notice of the adverse judgment. date of notice of the adverse
within forty-eight (48) hours from judgment.
notice of the judgment or final
order appealed from. The appeal shall be given the The appeal shall be given the
same priority as in habeas same priority as in habeas
The period of appeal shall be corpus cases. corpus cases.
interrupted by a timely motion for
new trial or reconsideration. No
WRIT OF HABEAS CORPUS WRIT OF AMPARO WRIT OF HABEAS DATA
motion for extension of time to file
a motion for new trial or
reconsideration shall be allowed.
(A.M. No. 01-1-03-SC)