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WRIT OF AMPARO HABEAS DATA

It is a remedy available to any person whose right to privacy in life,
It is a remedy available to any person whose right to life, liberty,
liberty or security is violated or threatened by an unlawful act or
and security has been violated or is threatened with violation by an
omission of a public official or employee, or of a private individual
DEFINITION unlawful act or omission of a public official or employee, or of a
or entity engaged in the gathering, collecting or storing data or
private individual or entity. The writ covers extralegal killings and
information regarding the person, family,home and
enforced disappearances or threats thereof.
correspondence of the aggrieved party.

Sec. 1 To any person whose right to privacy in life, liberty and

security is violated or threatened with violation by an unlawful act
Sec. 1 To any person whose right to life, liberty and security is
or omission of a public official or employee, or of a private
AVAILABILITY violated or threatened with violation by an unlawful act or omission
individual or entity engaged in: 1. Gathering 2. Collecting 3. Storing
of a public official or employee, or of a private individual or entity.
Of data or information regarding the person family, home and
correspondence of the aggrieved party.

Sec. 2 General rule: The aggrieved party Except: In cases of

Sec. 2 By the aggrieved party, or by any qualified person or entity extralegal killings and enforced disappearances: 1. Immediate
PETITIONER
in the order provided in Sec. 2 family; 2. In default of no. 1, ascendant, descendant or collateral
relative within the 4th civil degree of consanguinity or affinity.

Sec. 3 SC, CA and SB RTC: 1. Where petitioner resides; or 2.

Sec. 3 SC, CA and SB RTC of the place where the threat, act or Where respondent resides; or 3. Which has jurisdiction over the
VENUE
omission was committed or any of its elements occurred. place where dataor information is gathered, etc. All at the option of
petitioner.
EXTENT OF
Anywhere in the Philippines Anywhere in the Philippines
ENFORCEABILITY
WHEN TO FILE/
EXEMPTION
Sec. 3 On any day and at any time. Petitioner exempt from docket
FROM Indigent petitioner exempt from docket fees
fees
DOCKET FEES

SETTING OF
Sec. 6 Not later than 7 days from date of issuance of writ Sec. 7 Not later than 10 days from date of issuance of writ
HEARING
Sec. 8 If the writ cannot be served personally on respondent, the Sec. 9 If the writ cannot be served personally on respondent, the
HOW SERVED
rules on substituted service shall apply rules on substituted service shall apply

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FILING OF
Sec. 9 Verified written return within 5 work days from service of Sec. 9 Verified written return within 5 days from service of writ
RETURN
writ - cannot be extended except on highly meritorious grounds -may be reasonably extended by the court for justifiable grounds

Sec. 14 In case respondent fails to return, the court, justice or

EFFECT OF
Sec. 12 In case respondent fails to file a return, the court, justice judge shall proceed to hear the petition ex parte, granting
FAILURE TO FILE
or judge shall proceed to hear the petition ex parte petitioner such relief as the petition may warrant unless the court in
RETURN
its discretion requires petitioner to submit evidence.

Sec. 11 (a)Motion to dismiss; (b) Motion for extension of time to Sec. 13 (a) Motion to dismiss; (b) Motion for extension of time to
file return, opposition, affidavit, position paper and other pleadings; file return, opposition, affidavit, position paper and other pleadings;
PROHIBITED (c) Dilatory motion for postponement; (d) Motion for a bill of (c) Dilatory motion for postponement; (d) Motion for a bill of
PLEADINGS AND particulars; (e) Counterclaim or cross-claim; (f)Third-party particulars; (e) Counterclaim or cross-claim; (f) Third-party
MOTIONS complaint; (g)Reply; (h) Motion to declare respondent in default; complaint; (g) Reply; (h) Motion to declare respondent in default;
(i)Intervention; (j)Memorandum; (k)Motion for reconsideration of (i) Intervention; (j) Memorandum; (k) Motion for reconsideration of
interlocutory orders or interim relief orders; and (l) Petition for interlocutory orders or interim relief orders; and (l) Petition for
certiorari, mandamus or prohibition against any interlocutory order. certiorari, mandamus or prohibition against any interlocutory order.

Sec. 13 The hearing on the petition shall be summary. However,

the court, justice or judge may call for a preliminary conference to
SUMMARY simplify the issues and determine the possibility of obtaining
Same as Writ of Amparo
HEARING stipulations and admissions from the parties. The hearing shall be
from day to day until completed and given the same priority as
petitions for habeas corpus.
Sec. 14 (a) Temporary Protection Order. (b) Inspection Order. (c)
INTERIM RELIEFS None
Production Order. (d) Witness Protection Order.

Sec. 18 The court shall render judgment within ten (10) days from
Sec. 16 Same with WOA with an addition that upon finality, the
the time the petition is submitted for decision. If the allegations in
judgment shall be enforced by the sheriff or any lawful officers as
JUDGMENT the petition are proven by substantial evidence, the court shall
may be designated by the court, justice or judge within 5 working
grant the privilege of the writ and such reliefs as may be proper
days.
and appropriate; otherwise, the privilege shall be denied.

Sec. 19 Rule 45 by petition for review on certiorari with peculiar

features: 1. Appeal may raise questions of fact or law or both; 2.
APPEAL Same as Writ of Amparo
Period of appeal shall be 5 working days from the date of notice of
the adverse judgment; 3. Same priority as habeas corpus cases

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INSTITUTION OF
Sec. 21 This Rule shall not preclude the filing of separate criminal,
SEPARATE Same as Writ of Amparo
civil or administrative actions.
ACTIONS
EFFECT OF
Sec. 2 When a criminal action has been commenced, no separate
FILING CRIMINAL
petition for the writ shall be filed. The reliefs under the writ shall be Same as Writ of Amparo
ACTION
available by motion in the criminal case.

Sec. 23 When a criminal action is filed subsequent to the filing of a

petition for the writ, the latter shall be consolidated with the
CONSOLIDATION criminal action. When a criminal action and a separate civil action Same as Writ of Amparo
are filed subsequent to a petition for a writ of amparo, the latter
shall be consolidated with the criminal action.

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