CASES
amparo.
3. TAPUZ v. Judge DEL ROSARIO
G.R. No. 182484 | June 17, 2007 | J. Brion
FACTS:
 Spouses Sanson filed a complaint for forcible entry against Tapuz
et.al., who – armed with bolos and carrying suspected firearms
and together with unidentified persons – entered the disputed
land by force and intimidation.
 Sheriff issued a Notice to Vacate and for Demolition.
 Tapuz et.al. filed the present petition, which prays for the issuance
of a Writ of Habeas Data and Writ of Amparo.
o “The threats to the life and security of the poor indigent and
unlettered Tapuz et.al. continue because the Spouses Sansons
have under their employ armed men and they are influential
with the police authorities owing to their financial and political
clout.”
o “A petition for a Writ of Habeas Data is prayed for so that the
PNP may release the report on the burning of the homes of the
Tapuz et.al. and the acts of violence employed against them
by the private respondents, furnishing the Court and the Tapuz
et.al. with copy of the same”.
ISSUE: Whether the petition for certiorari with writ of amparo and
habeas data is proper. NO.
WRIT OF AMPARO
The writ of amparo shall issue if there is a prima facie existence of the
ultimate facts determinable from the supporting affidavits that detail
the circumstances of how and to what extent a threat to or violation
of the rights to life, liberty and security of the aggrieved party was or is
being committed.”
The writ of amparo is NOT a writ to protect concerns that are purely
property or commercial.
In civil cases pending before the trial courts, the Court has NO
authority to separately and directly intervene through the writ of
amparo.
In this case, there is an ongoing civil process dealing directly with the
possessory dispute and the reported acts of violence and harassment,
we see no point in separately and directly intervening through a writ of
WRIT OF HABEAS DATA
The petition for writ of habeas data must have concrete allegations of
unjustified or unlawful violation of the right to privacy related to the
right to life, liberty or security. The petition must likewise allege any
need for information under the control of police authorities other than
those it has already set forth as integral annexes.
6. FR. REYES v. DOJ Sec. Gonzales
G.R. No. 182161 / DEC 3, 2009 / Leonardo-De Castro, J.
FACTS:
 Fr. Reyes was among those arrested in the Manila Peninsula Hotel
siege.
 DOJ issued a Hold Departure Order prohibiting Fr. Reyes from
leaving the country in the interest of national security and public
safety.
 Despite the RTC’s pronouncement dismissing Fr. Reyes of the
charge of rebellion, his name was not removed from the list Hold
Departure List.
 Fr. Reyes filed for the issuance of a writ of amparo, on the ground
that respondents violated his constitutional right to travel.
ISSUE:
Whether Fr. Reyes’s right to liberty and travel has been violated which
would entitle him to the privilege of the writ of amparo.
Held: NO
The rights that fall within the protective mantle of the Writ of Amparo
under Section 1 of the Rules thereon are the following: (1) right to life;
(2) right to liberty; and (3) right to security.
The writ of amparo was originally conceived as a response to the
extraordinary rise in the number of killings and enforced
disappearances, and to the perceived lack of available and effective
remedies to address these extraordinary concerns.
Fr. Reyes failed to establish that his right to travel was impaired in the
manner and to the extent that it amounted to a serious violation of his
right to life, liberty and security, for which there exists no readily
available legal recourse or remedy.
Reyes should have filed with the RTC a motion to lift the Hold
Departure Order. (Sec 22)
7. CASTILLO v. CRUZ
GR No. 182165 | November 25, 2009
FACTS:
 Spouses Cruz leased a parcel of land in Malolos
 They refused to vacate the property despite demands by
lessor Provincial Government of Bulacan
 The province filed for ejectment case which was granted by
the court but its execution was suspended
 The Sps. Cruz along with their sons entered the property and
placed several container vans and represented themselves as
owners of the property
 The Police Superintendents Castillo et al. deployed by the
Mayor was instructed to protect, secure, and maintain the
possession of the entered property but the Sps. still refused to
leave
 Sps. shoved the Police forcing to arrest the spuses and cause
their indictment for direct assault, trespassing and other light
threats
 Sps. Cruz filed for petition for Writ of Amparo and Habeas Data
ISSUES: May the Writs of Amaparo and Habeas Data be issued?
HELD: NO
The writs of amparo and habeas data will NOT issue to protect purely
property or commercial concerns nor when the grounds invoked in
support of the petitions therefor are vague or doubtful.
 On Writ of Amparo - Petition did not show any actual violation,
imminent or continuing threat to their life, liberty and security.
 No undue confinement or detention was present. In fact, the
spouses were even able to post bail for the offenses a day
after their arrest.
 On Writ of Habeas Data - it is not even alleged that the Police
are gathering, collecting or storing data or information
regarding their person, family, home and correspondence.
 Therefore, Absent any evidence or even an allegation in the
petition that there is undue and continuing restraint on their
liberty and/ or that there exists threat or intimidation that
destroys the efficacy of their right to be secure in their persons,
the issuance of the writ cannot be justified.
8. RUBRICO v. GMA
G.R. No. 183871. February 18, 2010
FACTS:
 Rubrico, chair of the Ugnayan ng Maralita para sa Gawa
Adhikan, was abducted by armed men belonging to the 301st
Air Intelligence and Security Squadron (AISS), based at the
Philippine Air Force Field Station in Lipa City, Batangas.
 During her detention at the airbase without charges, her
daughters Mary Joy Rubrico Carbonel and Jean Rubrico
Apruebo were also harassed by Senior Insp. Arsenio Gomez
 Rubrico was subject to relentless interrogation conducted
alternately by hooded individuals and which amounted to
verbal abuse and mental harassment
 She was released at but only after being made to sign a
statement that she would be a military asset
 She filed a criminal complaint in the Office of the Ombudsman
a criminal complaint for kidnapping and arbitrary detention
and administrative complaint for gross abuse of authority and
grave misconduct against the AISS men
 She prayed that a writ of amparo be issued, ordering those
involved members of AISS to desist from performing any
threatening act against Rubrico’s family’s security and for the
Ombudsman to immediately file an information for kidnapping.
ISSUE: May the Writ of Amparo be issued? - NO
HELD: NO
There was no sufficient substantial evidence to support Rubrico’s claim
Sec. 17, as complemented by Sec. 18 of the Amparo Rule, expressly
prescribes the minimum evidentiary substantiation requirement and
norm to support a cause of action under the Rule, thus:
Sec. 17. Burden of Proof and Standard of Diligence Required.—The
parties shall establish their claims by substantial evidence.
Sec. 18. Judgment.—x x x If the allegations in the petition are proven
by substantial evidence, the court shall grant the privilege of the writ
and such reliefs as may be proper and appropriate; otherwise, the
privilege shall be denied.
 PGMA dropped as party respondent
 The Writ of Amparo was conceived to provide expeditious and
effective procedural relief against violations or threats of
 violation of the basic rights to life, liberty, and security of
persons
 However, in this case, the petition failed to allege ultimate
facts as to make out a case against that body for the
enforced disappearance of Lourdes and the threats and
harassment that followed
CONCEPTS WRIT OF AMPARO WRIT OF HABEAS
DATA
In Consti - threatened with threatened by an
Article 3, Section 3 (Right to Privacy; Writ of Amparo; Writ of Habeas violation by an unlawful act or
Data) unlawful act or omission of a public
Section 3. omission of a public official or
(1) The privacy of communication and correspondence shall be official or employee, employee, or of a
inviolable except upon lawful order of the court, or when public safety or of a private private individual or
or order requires otherwise, as prescribed by law. individual or entity. entity engaged in
(2) Any evidence obtained in violation of this or the preceding section The writ covers the gathering,
shall be inadmissible for any purpose in any proceeding. extralegal killings and collecting or storing
enforced data or information
Section 1 of the Habeas Data Rule disappearances or regarding the
a remedy available to any person whose right to privacy in life, liberty person, family,
or security is violated or threatened by an unlawful act or omission of a home and
public official or employee, or of a private individual or entity correspondence of
engaged in the gathering, collecting or storing of data or information the aggrieved
regarding the person, family, home, and correspondence of the party.
aggrieved party. AVAILABILITY Sec. 1 Sec. 1
To any person whose To any person
Section 6 of the Habeas Data Rule essentially requires that the petition right to life, liberty and whose right to
sufficiently alleges, among others, “[t]he manner the right to privacy is security is violated or privacy in life, liberty
violated or threatened and how it affects the right to life, liberty or threatened with and security is
security of the aggrieved party.” In other words, the petition must violation by an violated or
adequately show that there exists a nexus between the right to unlawful act or threatened with
privacy on the one hand, and the right to life, liberty or security on the omission of a public violation by an
other official or employee, unlawful act or
or of a private omission of a public
The allegations in the petition must be supported by substantial individual or entity. official or
evidence showing an actual or threatened violation of the right to employee, or of a
privacy in life, liberty or security of the victim. In this relation, it bears private individual or
pointing out that the writ of habeas data will not issue to protect entity engaged in:
purely property or commercial concerns nor when the grounds 1. Gathering
invoked in support of the petitions therefor are vague and doubtful. 2. Collecting
3. Storing
WRIT OF AMPARO WRIT OF HABEAS Of data or
DATA information
DEFINITION It is a remedy It is a remedy regarding the
available to any available to any person family,
person whose right to person whose right home and
life, liberty, and to privacy in life, correspondence of
security has been liberty or security is the aggrieved
violated or is violated or party.
 WRIT OF AMPARO WRIT OF HABEAS WRIT OF AMPARO WRIT OF HABEAS
DATA DATA
PETITIONER Sec. 2 Sec. 2 omission of the (c) The actions and
By the aggrieved General rule: respondent, and how recourses taken by
party, or by any The aggrieved such threat or the petitioner to
qualified person or party violation is committed secure the data or
entity in the order Except: with the attendant information;
provided in Sec. 2 In cases of circumstances (d) The location of
extralegal killings detailed in supporting the files, registers or
and enforced affidavits; databases, the
disappearances: (d) The investigation government office,
1. Immediate conducted, if any, and the person in
family; specifying the names, charge, in
2. In default of no. personal possession or in
1, ascendant, circumstances, and control of the data
descendant or addresses of the or information, if
collateral relative investigating authority known;
within the 4thcivil or individuals, as well (e)
degree of as the manner and The reliefs prayed
consanguinity or conduct of the for, which may
affinity. investigation, include the
ALLEGATIONS IN (a) The personal Section 6 of the together with any updating,
THE PETITION circumstances of the Rule on the Writ of report; rectification,
petitioner; Habeas Data (e) The actions and suppression or
(b) The name and requires the recourses taken by destruction of the
personal following material the petitioner to database or
circumstances of the allegations of determine the fate or information or files
respondent ultimate facts in a whereabouts of the kept by the
responsible for the petition for the aggrieved party and respondent.
threat, act or issuance of a writ of the identity of the In case of threats,
omission, or, if the habeas data: person responsible for the relief may
name is unknown or (a) The personal the threat, act or include a prayer for
uncertain, the circumstances of omission; and an order enjoining
respondent may be the petitioner and (f) The relief prayed the act complained
described by an the respondent;
 
 for. of; and
assumed appellation; (f) Such other
(b) The manner the
(c) The right to life, relevant reliefs as
right to privacy is
liberty and security of are just and
violated or
the aggrieved party equitable.
threatened and
violated or
how it affects the
threatened with VENUE Sec. 3 Sec. 3
right to life, liberty or
violation by an SC, CA and SB SC, CA and SB
security of the
unlawful act or RTC:
aggrieved party;
 WRIT OF AMPARO WRIT OF HABEAS WRIT OF AMPARO WRIT OF HABEAS
DATA DATA
RTC of the place 1. Where petitioner FILING OF Sec. 9 Sec. 9
where the threat, act resides; or RETURN Verified written return Verified written
or omission was 2. Where within 5 work days return within 5 days
committed or any of respondent resides; from service of writ from service of writ
its elements occurred. 3. Which has - cannot be extended -may be reasonably
jurisdiction over the except on highly extended by the
place where data meritorious grounds court for justifiable
or information is grounds
gathered, etc. EFFECT OF Sec. 12 Sec. 14
All at the option of FAILURE TO FILE In case respondent In case respondent
petitioner. RETURN fails to file a return, fails to return, the
EXTENT OF Anywhere in the Anywhere in the the court, justice or court, justice or
ENFORCEABILITY Philippines Philippines judge shall proceed judge shall proceed
to hear the petition ex to hear the petition
WHEN TO FILE/ Sec. 3 Indigent petitioner parte ex parte, granting
EXEMPTION On any day and at exempt from petitioner such relief
FROM any docket fees as the petition may
DOCKET FEES time. Petitioner warrant unless the
exempt court in its discretion
from docket fees requires petitioner
to submit evidence.
SETTING OF Sec. 6 Sec. 7 PROHIBITED Sec. 11 Sec. 13
HEARING PLEADINGS AND
Not later than 7 days Not later than 10 MOTIONS (a) Motion to (a) Motion
from date of issuance days from date of dismiss; to dismiss;
of writ issuance of writ (b) Motion for (b) Motion for
HOW SERVED Sec. 8 Sec. 9 extension of time to extension of time
If the writ cannot be If the writ cannot be file return, to file return,
served personally on served personally opposition, affidavit, opposition,
respondent, the rules on respondent, the position paper and affidavit, position
on substituted service rules on substituted other pleadings; paper and other
shall apply service shall apply (c) Dilatory motion pleadings;
FILING OF Sec. 9 Sec. 9 for postponement; (c) Dilatory
RETURN Verified written return Verified written (d) Motion for a bill motion for
within 5 work days return within 5 days of particulars; postponement;
from service of writ from service of writ (e) Counterclaim (d) Motion for a bill
or cross-claim; of particulars;
- cannot be extended -may be reasonably (f) Third-party (e) Counterclaim
except on highly extended by the complaint; (g)Reply; or cross-claim;
meritorious grounds court for justifiable (h) Motion to (f) Third-
grounds declare respondent party
 WRIT OF AMPARO WRIT OF HABEAS WRIT OF AMPARO WRIT OF HABEAS
DATA DATA
in complaint; petitions for habeas
def (g) Reply; corpus
ault; (i)Intervention; (h) Motion to INTERIM RELIEFS Sec. 14
(j)Memorandum; declare (a) Temporary
(k)Motion respondent in Protection
for default; Order.
reconsideration (i) Intervention;
(j) Memorandum; (b) Inspection Order.
of interlocutory (k) Motion for
orders or interim relief reconsideration (c) Production Order.
orders; and of interlocutory
(l) Petition for orders or interim Witness Protection
certiorari, mandamus relief orders; and Order.
or prohibition Petition for JUDGMENT Sec. 18 Sec. 16
against any certiorari, The court shall render Same with WOA
interlocutory order. mandamus or judgment within ten with an addition
prohibition against (10) days from the that upon finality,
any interlocutory time the petition is the judgment shall
order. submitted for be enforced by the
SUMMARY Sec. 13 Sec. 15 decision. If the sheriff or any lawful
HEARING allegations in the officers as may be
The hearing on the Same as WOA petition are proven by designated by the
petition shall be substantial evidence, court, justice or
summary. However, the court shall grant judge within 5
the court, justice or the privilege of the working days.
judge may call for a writ and such reliefs as
preliminary may be proper and
conference to appropriate;
simplify the issues otherwise, the
and determine the privilege shall be
possibility of denied.
obtaining APPEAL Sec. 19 Sec. 19
stipulations and
admissions from the Rule 45 by petition for Same as WOA
parties. review on certiorari
with peculiar
The hearing shall be features:
from day to day until
completed and given 1. Appeal may raise
the same priority as questions of fact or
law or both;
 WRIT OF AMPARO WRIT OF HABEAS WRIT OF AMPARO WRIT OF HABEAS
DATA DATA
2. Period of appeal to a petition for a writ
shall be 5 working of amparo, the latter
days from the date of shall be consolidated
notice of the adverse with the criminal
judgment; action.
3. Same priority as
habeas corpus cases
STEP 1: Filing of the VERIFIED PETITION which may include an
INSTITUTION OF Sec. 21 Sec. 20 application for Provisional Remedies
SEPARATE
ACTIONS This Rule shall not Same as WOA Who may file the Petition:
preclude the filing of a) GR: By the aggrieved party
separate criminal, civil b) EXPN: However, in cases of extralegal killings and enforced
or administrative disappearances:
actions. a. Any member of the immediate family
EFFECT OF FILING Sec. 2 Sec. 21 b. In default of the former, any ascendant, descendant,
CRIMINAL or collateral relative of the aggrieved party within the
ACTION When a criminal Same as WOA 4th civil degree of consanguinity or affinity
action has been
commenced, no Contents of the Petition:
separate petition for
the writ shall be filed. (Sec. 6) A verified written petition for a writ of habeas data should
The reliefs under the contain:
writ shall be available
by motion in the
a) The personal circumstances of the petitioner and the
criminal case.
respondent;
CONSOLIDATION Sec. 23 Sec. 22 b) The manner the right to privacy is violated or threatened
and how it affects the right to life, liberty or security of the
When a criminal Same as WOA aggrieved party;
action is filed c) The actions and recourses taken by the petitioner to secure
subsequent to the the data or information;
filing of a petition for d) The location of the files, registers or databases, the
the writ, the latter government office, and the person in charge, in possession
shall be or in control of the data or information, if known;
consolidated with e) The reliefs prayed for, which may include the updating,
the criminal action. rectification, suppression or destruction of the database or
information or files kept by the respondent. In case of
When a criminal threats, the relief may include a prayer for an order enjoining
action and a the act complained of; and
separate civil action f) Such other relevant reliefs as are just and equitable.
are filed subsequent
Note that the filing of a petition for the writ of habeas data shall not
preclude the filing of separate criminal, civil or administrative
actions. (Sec. 20)
What if criminal action has already been commenced?
A separate petition for the writ cannot be filed anymore. 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 habeas data. (See Sec. 22)
What if a criminal action is commenced after the filing of the petition
for the writ of habeas data?
The latter petition for habeas data will 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.
(See Sec. 21)
STEP 2: Court/ Judge Determines of the Application
if PRIMA FACIE Meritorious
STEP 3: Issuance of Writ of Habeas Data
a) 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.
b) 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.
c) 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.
d) 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.
STEP 4: Service of Writ
Modes of Service of Writ
 BY PERSONAL SERVICE
- 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.
 BY SUBSTITUTE SERVICE
In case the writ cannot be served personally on the respondent, the
rules on substituted service shall apply
STEP 5: RESPONDENT FILES A VERIFIED RETURN WITHIN 5 WORKING
DAYS FROM SERVICE OF THE WRIT
a) The respondent must file a verified written return together
with supporting affidavits within five (5) working days from
service of the writ
i. The period may be reasonably extended by the
Court for justifiable reasons.
The return shall, among other things, contain the following:
1. The lawful defenses such as national security, state secrets,
privileged communications, confidentiality of the source of
information of media and others;
2. 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; and,
iii. The currency and accuracy of the data or information held;
and,
3. Other allegations relevant to the resolution of the proceeding.
> A general denial of the allegations in the petition shall not be
allowed.
What if the respondent fails to file a return?
1. 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. (See Sec. 14);
2. It may also order the respondent who refuses to make a
return, or who makes a false return, or any person who
 otherwise disobeys or resists a lawful process or order of the
court to be punished for contempt. (Sec. 11).
What is pleadings are prohibited?/ What can’t the respondent, etc.
file?
a) Motion to dismiss;
b) Motion for extension of time to file return, 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.
STEP 6: SUMMARY HEARING OR HEARING IN CHAMBERS PROCEEDS
WITHIN (10) WORKING DAYS FROM THE ISSUANCE OF THE WRIT
a. The hearing on the petition shall be summary. (Sec. 12)
‣ Note that the summary hearing of the petition must not be
later than ten (10) work days from the issuance of the
peremptory writ (Sec. 8)
b. 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.
May a hearing in chambers be conducted?
Yes. When 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.
(Sec. 15)
STEP 7:COURT RENDERS JUDGEMENT AND ISSUES THE FINAL WRIT OF
HABEAS DATA WITHIN 10 DAYS FROM THE TIME THE PETITION IS
SUBMITTED FOR DECISION.
 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 may:
1. Enjoin the act complained of, or
2. Order the deletion, destruction, or rectification of the
erroneous data or information
3. Grant other relevant reliefs as may be just and equitable.
STEP 8: EXECUTION OF THE JUDGMENT AND FILING OF VERIFIED
RETURN BY THE SHERIFF WHICH MUST BE SET FOR HEARING WITH DUE
NOTICE
a. 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.
b. The officer who executed the final judgment shall, within
three (3) days from its enforcement, make a verified return to
the court.
c. The return shall contain a full statement of the proceedings
under the writ and a complete inventory of the database or
information, or documents and articles inspected, updated,
rectified, or deleted, with copies served on the petitioner
and the respondent.
d. The officer shall state in the return how the judgment was
enforced and complied with by the respondent, as well as
all objections of the parties regarding the manner and
regularity of the service of the writ
The officer shall state in the return how the judgment was
enforced and complied with by the respondent, as well as all
objections of the parties regarding the manner and regularity of
the service of the writ