WRIT OF

AMPARO
A.M. NO. 07-9-12-SC
 DEFINITION

It is a remedy available to any person whose right to life, liberty, and security
is violated or threatened with violation by an unlawful act or omission of a
public official or employee, or of a private individual or entity.
Extralegal killings
-killings committed without due process of law, i.e.,
without legal safeguards or judicial proceedings.

Enforced disappearances
-an arrest, detention or abduction of a person by a
government official or organized groups or private
individuals acting with the direct or indirect
acquiescence of the government, followed by a
refusal of the State to disclose the fate or
whereabouts of the person concerned or a refusal to
acknowledge the deprivation of liberty which places
such persons outside the protection of law.
 WHO MAY FILE?
AGGRIEVED ANY MEMBER OF
01 PARTY 02 IMMEDIATE
FAMILY

ANY ASCENDANT,
DESCENDANT OR ANY CONCERNED
03 COLLATERAL RELATIVE
WITHIN THE FOURTH
04 CITIZEN,
ORGANIZATION,
CIVIL DEGREE OF
05 CONSANGUINITY OR 06 ASSOCIATION OR
AFFINITY INSTITUTION
 WHERE TO FILE?
REGIONAL TRIAL
01 COURT;

02 SANDIGANBAYAN;
02
COURT OF
03 APPEALS; OR
03 SUPREME
04 COURT.
05
 What are the contents of Petition?
1. The personal circumstances of the petitioner;
2. The name and personal circumstances of the respondent;
3. The right to life, liberty, and security of the aggrieved party violated
or threatened with violation by an unlawful act or omission of the
respondent, and how such threat or violation is committed with
attendant circumstances detailed in supporting affidavits;
4. The investigation conducted, if any, specifying the names, personal
circumstances, and addresses of the investigating authority or
individuals, as well as the manner and conduct of the investigation,
together with any report;
5. The actions and recourses taken by the petitioner to determine the
fate or whereabouts of the aggrieved party and the identity of the
person responsible for the threat, act or omission; and
6. The relief prayed for.
 Issuance of Writ
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.

The writ shall also set the date and time for summary
hearing of the petition which shall not be later than seven
(7) days from the date of its issuance.
 RETURN
CONTENTS:
1. The lawful defenses to show that the respondent did not violate or threaten with violation the right to
life, liberty, and security of the aggrieved party, through any act or omission;
2. The steps or actions taken by the respondent to determine the fate or whereabouts of the aggrieved
party and the persons responsible for the threat, act or omission;
3. All relevant information in the possession of the respondent pertaining to the threat, act or omission
against the aggrieved party; and
4. If the respondent is a public official or employee, the return shall further state the actions that have
been or will still be taken:
a. To verify the identity of the aggrieved party;
b. To recover and preserve the evidence related to the death or disappearance of the person
identified;
c. To identify witnesses and obtain statements from them concerning the death or disappearance;
d. To determine the cause, manner, location and time of death or disappearance as well as any
pattern or practice that may have brought about the death or disappearance;
e. To identify and apprehend the person or persons involved in the death or disappearance; and
f. To bright the suspected offenders before a competent court.
 Prohibited pleadings
1. Motion to dismiss;
2. Motion for extension of time to file return, opposition, affidavit, position paper and other
pleadings;
3. Dilatory motion for postponement;
4. Motion for bill of particulars;
5. Counterclaim or cross-claim;
6. Third-party complaint;
7. Reply;
8. Motion to declare respondent in default;
9. Intervention;
10. Memorandum;
11. Motion for reconsideration of interlocutory orders or interim relief orders; and
12. Petition for certiorari, mandamus, or prohibition against interlocutory order.
 Interim Reliefs
TEMPORARY PROTECTION
ORDER

INSPECTION ORDER

PRODUCTION ORDER

WITNESS PROTECTION
ORDER
JUDGMENT
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 shall
grant the privilege of the writ and such reliefs as
may be proper and appropriate; otherwise, the
privilege shall be denied.

APPEAL
This judgment may be appealed under
Rule 45 of the Rules of Court. The
appeal may raise questions of fact or law
or both. The period of appeal shall be
five working days from the date of notice
of the adverse judgment.
 EFFECTS OF FILING OF A
CRIMINAL ACTION
- When a criminal action is commenced, no separate petition for the writ shall be
filed.
- When a criminal action is filed subsequent to the filing of a petition for writ, the
latter shall be consolidated with the criminal action.
- When a criminal action and separate civil action are filed subsequent to a petition
for a writ of amparo, the latter shall be consolidated with the criminal action.
 WRIT OF
HABEAS DATA
A.M. NO. 08-1-16-SC
 DEFINITION

It is a remedy available to any person whose right to privacy in life, liberty or

security is violated or threatened by an unlawful act or omission of 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.
 WHO MAY FILE?
General Aggrieved
Rule: party
EXCEPTIONS: In cases of extralegal
killings and enforced2. disappearances:
ANY ASCENDANT,
1. ANY MEMBER OF DESCENDANT OR
IMMEDIATE COLLATERAL
FAMILY RELATIVE WITHIN
THE FOURTH CIVIL
DEGREE OF
CONSANGUINITY OR
AFFINITY
 WHERE TO FILE?
01 REGIONAL TRIAL COURT where the petitioner or
respondent resides, or that which has jurisdiction over the place
where the data or information is gathered, collected or stored,
at the option of the petitioner;
02the action concerns public data files of government offices:
When

02 SANDIGANBAYAN;
03 COURT OF
03 APPEALS; OR
05
04 SUPREME COURT.
 What are the contents of Petition?
1. The personal circumstances of the petitioner and respondent;
2. The manner the right to privacy is violated or threatened and how it
affects the right to life, liberty, or security of the aggrieved party;
3. The actions and recourses taken by the petitioner to secure the data or
information;
4. The location of the files registers or databases, the government office,
and the person in charge, in possession or in control of the date or
information, if known;
5. The relief prayed for, which may include the updating, rectification,
suppression, or destruction of the database or information or files
kept by the respondent. In case of threats, the relief may include a
prayer for an order enjoining the act complained of; and
6. Such other relevant reliefs as are just and equitable.
 Issuance of Writ
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.

The writ shall also set the date and time for summary
hearing of the petition which shall not be later than ten
(10) days from the date of its issuance.
 RETURN
CONTENTS:
1. The lawful defenses such as national security, state secrets, privileged communications,
confidentiality of the source of information subject of the petition;
2. In case of respondent in charge in possession or in control of the data or information subject of the
petition:
a. A disclosure of the date or information about the petitioner, the nature of such data or
information, and the purpose for its collection;
b. The steps or actions taken by the respondent to ensure the security and confidentiality of the
data or information; and
c. The currency and accuracy of the data or information held; and
3. Other allegations relevant to the resolution of the proceeding.
 Prohibited pleadings
1. Motion to dismiss;
2. Motion for extension of time to file return, opposition, affidavit, position paper and other
pleadings;
3. Dilatory motion for postponement;
4. Motion for bill of particulars;
5. Counterclaim or cross-claim;
6. Third-party complaint;
7. Reply;
8. Motion to declare respondent in default;
9. Intervention;
10. Memorandum;
11. Motion for reconsideration of interlocutory orders or interim relief orders; and
12. Petition for certiorari, mandamus, or prohibition against interlocutory order.
JUDGMENT
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 shall
enjoin the act complained of, or order the
deletion, destruction, or rectification of the
erroneous data or information and grant other
relevant reliefs as may be just and equitable.

APPEAL
This judgment may be appealed under
Rule 45 of the Rules of Court. The
appeal may raise questions of fact or law
or both. The period of appeal shall be
five working days from the date of notice
of judgment or final order.
 EFFECTS OF FILING OF A
CRIMINAL ACTION
- When a criminal action is commenced, no separate petition for the writ shall be
filed.
- When a criminal action is filed subsequent to the filing of a petition for writ, the
latter shall be consolidated with the criminal action.
- When a criminal action and separate civil action are filed subsequent to a petition
for a writ of amparo, the latter shall be consolidated with the criminal action.
THANK
YOU!!