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Habeas Corpus (Rule 102) Amparo (A.M. 07-9-12 SC) Habeas Data (A.M. 08-1-16 SC)Legal basis The Rule was drafted pursuant to SCs

constitutional power to promulgate rules

for the protection and enforcement ofconstitutional rights (Art VIII, Sec. 5 [5]).

Same Same

Definition Literally means you have the body. Awrit directed to the person detaininganother, commanding him to produce the

body of the prisoner at a designated timeand place, with the day and cause of hiscapture and detention to do, submit to,and receive whatsoever the court or judge

awarding the writ shall consider in that

behalf

It is a remedy available to anyperson whose right to life, libertyand security has been violated or is

threatened with violation by anunlawful act or omission of a publicofficial or employee, or of a privateindividual or entity. The writ covers

extralegal killings and enforced

disappearances or threats thereof

It is a remedy available to any person whose right toprivacy in life, liberty, or security is violated orthreatened by an unlawful act or omission of a public

official or employee, or of a private individual or entityengaged in the gathering, collecting or storing of data orinformation regarding the person, family, home andcorrespondence of the aggrieved party.

Remedy for

(Sec. 1)

To all cases of illegal confinement or

detention:1. by which any person is deprived o f his

liberty; or2. by which the rightful custody of any

person is withheld from the person entitledthereto

To any person whose right to life,

liberty and security s violated orthreatened with violation by an

unlawful act or omission of a publicofficial or employee, or of a private

individual or entity

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

security is violated or threatened with v iolation by anunlawful act or omission of a public official or employee,

or of a private individual or entity engaged in:1. gathering

2. collecting3. storingOf data or information regarding the person, family home

and correspondence of the aggrieved party

Effectivity July 1, 1997 October 24, 2007 February 2, 2008

Petitioner By the party for whose relief it is intended,or by some other person in his behalf

By the aggrieved party, or by anyqualified person or entity in the

order provided

G.R. the aggrieved partyExcept:

In cases of extrajudicial killings and enforceddisappearances:1. immediate family2. in default of no.1, ascendant, descendant or collateralrelative w/in 4thcivil degree of consanguinity or affinity

Venue Where plaintiff resides or where defendantresides, or in case of non-residentdefendant, where he may be found, at theelection of plaintiff

SC, CA and SB:Manila;RTC of the place where the threat,act or omission was committed or

any of its elements occurred

SC, CA and SB:Manila;RTC:1. where petitioner resides

2. where respondent resides3. which has jurisdiction over the place where data orinformation is gathered etc.

All at the option of petitioner.

Extent of

enforceability

SC, CA and SB: anywhere in the

PhilippinesRTC: only w/in judicial district

Anywhere in the Philippines Anywhere in the Philippines

When to file On any day and at any time On any day at any time

Docket fees Exempt Exemption only to indigent petitioner

Req. of petition Signed and verified Signed and verified Verified written petition

Issuance of writ When it appears, it ought be issuedimmediately

When in its face ought to issueimmediately

When in its face ought to issue immediatelyHowever there should be service w/in 3 days

Summary hearing Hearing on return Not later than 7 days from date of itsissuance

Not later than 10 days from date of its issuance

How served By leaving the original with the personwhom it is directed and preserving a copyon which to make return of service. If thatperson cannot be found, or has not theprisoner in custody then the service shall

be made on any person having orexercising such custody

If the writ cannot be servedpersonally on respondent, ruled onsubstituted service shall apply

If the writ cannot be served personally on respondent,ruled on substituted service shall apply

Contents of return Signed and shall be sworn to if prisoner isnot produced

Verified written return-period to file cannot be extendedexc. on highly meritorious ground

Verified written return-may be reasonably extended by the court for justifiablegrounds

Penalties Clerk of court who refuses to issue writ;Person to whom writ is directed, who

neglects or refuses to obey or make returnof the same according to the command

thereof, or makes false return thereof,refuses to deliver to the persondemanding, w/in 6 hours after the

demand of a true copy of the warrantorder of commitment:

Penalties: a. forfeit of aggrieved the sumof P1,000 to be recovered in a properaction

b. contempt

Clerk of court who refuses to issuewrit;

Deputized person who refuses toserve the same;

Penalty:Contempt w/out prejudice to otherdisciplinary actions

Sec. 161. respondent who refuses to make

a return or to make a false return2. any person who disobeys orresists a lawful process order of the

courtPenalty:a. contemptb. imprisonment

c. fine

Same a writ of amparo(defenses may be heard in chambers, same not available

to HC and Amparo)

Prohibited pleadingsand motions

a. motion to dismissb. motion for extension of time tofile return, oppositions, affidavits,position paper and other pleadings

c. dilatory motion for postponementd. motion for bill of particulars

e. counterclaim or cross-claimf. 3rdparty complaint

g. replyh. motion to declare respondent indefault

i. interventionj. memorandumk. motion for reconsideration of

interlocutory orders or interim reliefordersl. petition for certiorari, mandamusor prohibition against anyinterlocutory order

a. motion to dismissb. motion for extension of time to file return, oppositions,affidavits, position paper and other pleadingsc. dilatory motion for postponement

d. motion for bill of particularse. counterclaim or cross-claim

f. 3rdparty complaintg. reply

h. motion to declare respondent in defaulti. interventionj. memorandum

k. motion for reconsideration of interlocutory orders orinterim relief ordersl. petition for certiorari, mandamus or prohibition against

any interlocutory order

Effect of failure tofile a return

In case the respondent fails to file areturn, the court, justice or judge

shall proceed to hear the petition exparte

In case the respondent fails to file a return, the court,justice or judge shall proceed to hear the petition ex

parte, granting the petitioner such relief as he maywarrant unless the court in its discretion requires the

petitioner to submit evidence


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Habeas Corpus (Rule 102) Amparo (A.M. 07-9-12 SC) Habeas Data (A.M. 08-1-16 SC)Summary hearing Same Hearing summary. However, the court, justice or judge

may call for a preliminary conference to simplify the

issues and determine possibility of obtaining stipulationsand admissions from the parties.Hearing shall be from day to day until completed andgiven the same priority as petitions for habeas corpus.

Interim reliefs Sec. 12

1. unless for good cause shown, thehearing is adjourned, in which event thecourt shall make an order for thesafekeeping of the person imprisoned or

restrained as the nature of the case

requires2. the court or judge must be satisfied that

the persons illness is so grave that hecannot be produced without any danger

Sec. 14 (see codal)

a. Temporary Protection Orderb. Inspection Orderc. Production Orderd. Witness Protection Order

Security and Benefit Program,pursuant to RA 6981

The court, justice or judge may alsorefer the witnesses to othergovernment agencies or toaccredited persons or privateinstitutions capable of keeping and

securing their safety.

Judgment When the court of judge has examined

into the cause of caption and restraint ofthe prisoner, and is satisfied he is

unlawfully imprisoned or restrained, heshall forthwith order his discharge fromconfinement, but such discharge shall not

be effective until a copy of the order hasbeen served on the officer or persondetaining the prisoner. If the officer orperson detaining does not desire to

appeal, forthwith release

The court shall render judgment

within 10 days from the time thepetition is submitted for decision. If

the allegations in the petition areproven by substantial evidence, thecourt shall grant the privilege of the

writ and such reliefs as may beproper and appropriate. Otherwise,the privilege shall be denied

Same as WOA

With an addition that upon finality, the judgment shall beenforced by the sheriff or any lawful officers as may be

designated by the court, justice or judge within 5working days.

Appeal Sec. 15 in relation to Rule 41 and Sec. 39of BP 129

48 hours from notice of judgment

appealed from by ordinary appeal

Rule 45 by petition for review oncertiorari with peculiar features:

1. appeal may raise questions offact, law, or both

2. period of appeal w/in 5 workingdays from the date of notice of theadverse judgment3. same priority as HC cases

Same as WOA

Sec. 17 Return of Service: officer who executed the finaljudgment shall make a verified return within 3 days from

its enforcement

Archiving and revival

of cases

Sec. 20

Court shall not dismiss the peti tion,but shall archive it, if upondetermination it cannot proceed fora valid cause such as the failure of

petitioner or witnesses to appeardue to threats on their lives.The petition shall be dismissed with

prejudice upon failure to prosecute

the case after lapse of 2 years fromnotice to petitioner of the orderarchiving the case

Institution ofseparate actions

This rule shall not preclude the filingof separate criminal, civil oradministrative actions

Same as WOA

Effect of filingseparate criminal

action

When a criminal action has beencommenced, no separate petition forthe writ shall be filed. The reliefsunder the writ shall be available by

motion in the criminal case

Same as WOA

Consolidation When a criminak action is filedsubsequent to the filing of a petitionfor the writ, the latter shall beconsolidated with the criminal action.

When a criminal action and aseparate civil action are filed

subsequent to a petition for WOA,

the latter shall ber consolidated withthe criminal action

Same as WOA

Substantive Rights This Rule shall not diminish, increaseor modify substantive rights

recognized and protected by theConstitution

Difference is that in WOA the Constitution provides thelaw from which the substantive rights exist

Suppletoryapplication of the

Rules of Court

In the absence of special provisions, therules provided for in ordinary actions shall

be, as far as practicable, applicable inspecial proceedings

The Rules of Court shall applysuppletorily insofar as it is not

inconsistent with this Rule

Same as WOA


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Rule 103 Rule 108 RA 9048

Change of name Cancellation/ correction ofEntries in the Civil Registry

Clerical Error Act

Subject matter Change of full name(substantial corrections)

Change or corrections in the civilentries (substantial corrections)

Change of first name and nickname andcivil entries (only typographical or clericalerrors)

Who may file Any person desiring to changehis name

Any person interested in any act,event, order or decreeconcerning the civil status ofpersons which has been

recorded in the civil register

Any person having direct and personalinterest in the correction of a clerical ortypographical error in an entry and/orchange of first name or nickname

Venue RTC of the province in whichpetitioner resides for 3 yearsprior to filing, or in the City ofManila, to the Juvenile andDomestic Relations Court

RTC of city or province wherethe corresponding civil registry islocated.

1. Local civil registry office of the city ormunicipality where the record being soughtto be corrected or changed is kept2. Local civil registrar of the place wherethe interested party is presently residing ordomiciled3. Philippine Consulates

Content ofPetition

a. that the petitioned has beena bona fide resident of theprovince where the petition isfiled for at least 3 years priorto the date of such filingb. the cause for which the

change of the petitionersname is soughtc. the name asked for

a. that the petitioned has been abona fide resident of theprovince where the petition isfiled for at least 3 years prior tothe date of such filingb. the cause for which the

change of the petitioners nameis soughtc. the name asked for

a. facts necessary to establish the merits ofthe petitionb. particular erroneous entry or entries,which are sought to be corrected and/orthe change sought to be made

The petition shall be supported by thefollowing documents:1. a certified true machine copy of thecertificate or the page of the registry bookcontaining the entry or entries sought to becorrected or changed2. at least 2 public or private documentsshowing the correct entry or entries uponwhich the correction or change shall bebased, and3. other documents which the petitioner orthe city or municipal civil registrar or theconsul general may consider relevant andnecessary for the approval of the petition

Grounds 1. name is ridiculous, taintedwith dishonor and extremelydifficult to write or pronounce2. consequence of change ofstatus3. necessity to avoid confusion4. having continuously usedand been known sincechildhood by a Filipino name,unaware of his alien parentage5. a sincere desire to adopt aFilipino name to erase signs offormer alienage all in goodfaith and without prejudicing

anybody

1. the petitioner finds the firstname or nickname to beridiculous, tainted with dishonoror extremely difficult to write orpronounce2. the new first name ornickname has been habituallyand continuously used by thepetitioner and has been publiclyknown by that first name ornickname in the community; or3. the change will avoidconfusion

Upon good and valid grounds, the followingentries in the civil register may be cancelledor corrected

What kind ofproceeding

Judicial Proceeding Summary ProceedingThis can be converted to anadversarial proceeding of thereare substantial changes andaffect the status of an individual

Administrative Proceeding

What to file File a signed and verifiedpetition

File a signed and verified petitionfor the cancellation or correctionof any entry

File an affidavit

Notice andpublication

At least once a week for 3consecutive weeks in somenewspaper of generalcirculation (notice of hearing)

At least once a week for 3consecutive weeks in somenewspaper of general circulation(notice of hearing)

At least once a week for 2 consecutiveweeks (publish the whole affidavit)

Posting No posting No posting Duty of the Civil Registrar or Consul to post

the petition in a conspicuous place for 10consecutive days

Whoparticipates onthe part of theGovt

The SolGen or the properprovincial or city fiscal shallappear on behalf of theGovernment of the Republic

The Civil Registrar The Civil Registrar or the Consul

Where to appeal Appeal with the CA Appeal with the CA Appeal decision to the Civil RegistrarGeneral (Head of NSO)

Documents

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