spec pro midterm

7/29/2019 Spec Pro Midterm

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INTRODUCTIONRemedial Law (BPCEW)

Body of laws w/c provides means or methods whereby a cause of action may beeffectuated, wrongs redressed and relief obtained.

Substantive law (PCRLPA) Part of the law w/c creates, defines or regulate rights concerning life, liberty or

prop. Or the powers of agencies or insts. for the admntn of pub. Affairs.Distinguished SL from RL

SUB.LAW REM.LAW

Vested rights possible No vested rights

Prospective in application retroactive

Cannot be enacted by SC SC expy. empowered toprom.procl. rules

Basis (art. VIII, Sec.5, subpr.5) Promulgate rules concerning the protection & enforcement of constl. rights,

pleading, practice, and procedure in all courts, the admsn to the PofL, the IB, andleg. Asstce to the underprivg.

Limitations Such rule shall Provide a simplified and inexpensive procedure for the speedy

dispo. of cases,

Shall be Uniform for all courts of the same grade, And shall not Diminish, increase, modify subv. rights. Rules of proce. Of special

courts and quasi-judcl. bodies shall remain effective unless disapproved by the SC.Components of RL

Civil procedure, Special proceeding, Criminal procedure, Evidence.DEFINITION OF TERMS

1. Special proceedings - a remedy by which a party seeks to estb. a status, a right, or a

particular fact.2. Probate - a special proceeding to establish the validity of a will3. Reprobate - a special proceeding to establish the validity of a will proved in a foreigncountry4. Legacy - a bequest of personal property in a will5. Devise - a bequest of real property in a will6. Testate estate - an estate of a deceased person which is settled or to be settled withthe last will and testament of that deceased person7. Intestate estate - the estate of a deceased person without a will [The estate is settledby the laws of intestacy provided in the Civil Code.]8. Executor - the person named in the will who is entrusted to implement its provisions

[The executor needs to be issued letters testamentary after the court determines his orher qualifications.]9. Administrator - the person entrusted with the care, custody and mngt. of the estateof a deceased person until the estate is partitioned and distributed to the heirs, legateesand devisees, if any.10. Escheat - the reversion of property to the State when the title thereto fails fromdefect of an heir11. Guardianship - a trust relation in which one person [guardian] acts for another[ward] whom the law regards as incapable of managing his own affairs


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12. Trust - the legal relationship between one person having an equitable ownership inproperty and another person [cestui que trust] owning the legal title to such property13. Trustee - a person appointed by a court to carry out the provisions of a will.14. Fideicommissary substitution - takes place where the testator designates a personas an heir charging him to deliver to another the whole or part of the inheritance undercircumstances.15. Adoption - a juridical act which creates between two persons a relationship similar tothat which results from legitimate paternity and filiations.16. Family home - the dwelling house where a husband and wife, or an unmarried headof a family resides, and the land on which it is situated, which is now deemed constitutedfrom the time it is occupied as a family residence, and is exempt from execution, forcedsale or attachment except as provided by law and to the extent of the value allowed bylaw

Note: Rule 106, which provides for the judicial constitution of a family home, isalready extinct going by the Family Code which does not require a judicialconstitution of the family home.

17. Absentee - a person whose whereabouts and existence are not known in the sense of

the law allowing a subsequent marriage, and for purposes of administration of the estateof the absentee, and of succession18. Civil registry - the public record where acts, events and judicial decrees concerningthe civil status of persons are entered19. Multiple appeals - are appeals in special proceedings where a number of appealsmay be taken separately or simultaneously by different parties for different purposes [Arecord on appeal is necessary in order not to prejudice the proceedings that will have tocontinue and that may have to stop or be suspended if the entire record of theproceedings is elevated.]Distinguished action from SP

Action SP

Formal demand of ones right ina court of justice. Aplctn to estb. A status ora right

Theres plaintiff and defendant No P/D only petitioner

Issue stated in a pleadings ofparties

Issues are det. By law

Commenced by pleag called thecomplaint

Commenced by a petition

Prescription applies Not generally apply

RULE 72SUBJ.MATTER AND APPLICABILTY OF GEN.RULES

Section 1. Subj. matter1. Adoption [Rule 99];2. Family home, Constitution of the [Rule 106];3. Absence and death, Declaration of [Rule 107];4. Rescission and revocation of adoption [Rule 100];5. Trustees [Rule 98];


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6. Settlement of estate of deceased persons [Rules 73 to 90];7. Insane persons, Hospitalization of [Rule 101];8. Name, Change of [Rule 103];9. Cancellation or correction of entries in the civil registry [Rule 108];10.Habeas corpus [Rule 102];

11.Appeals in Special Proceedings;12.Recognition of minor natural children, Judicial approval of voluntary [Rule 105];

13.Guardianship and custody of children [Rules 92-97];

14.Escheat [Rule 91];

Section 2. Applicability of gen. rules in the absence of spec. prov. The rules provided in ordinary actions shall be as far as practicable, applicable in

spe.proc.

RULE 102

HABEAS CORPUSDefined (DCD3SRA)

a writ directed to the person detaining another, commanding him to produce thebody of the prisoner at a designated time and place, with the day and cause of hiscapture and detention, to do, submit to, and receive whatsoever the court or judgeawarding the writ shall consider in that behalf.

Literally means you have the bodyVital purpose (Velasco v. CA)

Obtain immediate relief from illegal confinement; Liberate those who may be imprisoned without sufficient cause; and Deliver them from unlawful custody.

Nature WHC; it is not/no: Suit in a technical sense; Obtain redress against anybody, designed; Judgment can be entered against anybody; Real plaintiff and defendant.

Constitutional Provision on HC Art.3, section 15, the privilege of the whc shall not be suspended except:

- In cases of invasion or rebellion, when pub. Safety requires.Kinds of WHC

1. Preliminary Citation person is detained under govtal autho. & illegality of hisdetention is not patent from the petition for the writ, the court issue the citation tothe government officer having custody to show cause why the HC should not issue.

2. Peremptory writ the cause of the detention appears to be patently illegal.Noncompliance with this is punishable.

Scope and applicability; to what extends?

All cases of illegal confinement or detention by which a person is:a. Deprived of liberty; orb. Rightful custody of a person is withheld from the person entitled thereto;c. If, as a Consequence of a judcl proc:

- Court has no juris. to impose the sen. ( void judcl order ); or


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- Excessive penalty was imposed, cuz the sen. Is void as to the excess (bondentitled thereto is not admitted or excessive or penalty imposed by the courtis not provided by law);

- Deprivation of constl right resulting in the persons restraint (e.g, restraint offreedom of action , such as freedom of locomotion);

There is restraint of liberty When one is deprived of freedom of action, such as the freedom of locomotion.

[Villavicencio vs. Lukban, 39 Phil 778, 1919] The writ of habeas corpus is no longer

available to one who is already out on bail. [Zacarias vs. Cruz]

General Rule

Whc not issue if the restraint is voluntaryException

Parents to regain custody of a minor, even in the custody or 3rd person of his ownfree will.

- Minors welfare is paramount consid what matters is not the technicalities ofthe case but the imorl ctuatn disclosed by the rec.not allowed to continue.

Actual and effective restraint

Not physical restraint alone which is inquired into by the whc. Any restraint whichwill prejudice the freedom of action is sufficient ground.

Examples:a. Freedom of speech muffled by prohi that he cannot give interviews;b. Liberty of abode restricted by need for prior approval for changing res;c. Restrict freedom of movement;d. Reg. reporting to resp. required.

Release of the detained

When effected, the issuance of whc becomes moot and academic (one that is freefrom involuntary restraints) hence, may still be applied for if:

- Continues denial of his contl rights;- Restraint not invol but appear unnecessary;- Orig. valid deprivation of liberty became arbitrary in subsq. Devt.

Not a substitute for trials ord. course

Not lie to correct error of facts or law, if court has juris. its judgment is not subj tocollateral attack by whc.

Not be validly resorted to in lieu of a lost/dismissed of appeal.Exception

Whc may be used with writ of certiorari for the purpose of review.- To give effect to supervisory power of higher courts.

- Thus, HC+Certiorari=review.WHC Purpose to inquire:

Reasonfor the detentionor deprivationof the libertyof a person to det. Its legality; Manner of involuntary restraint; and Relieve a person therefrom if such restraint is illegal.

Who May Grant the Writ [Rule 102, Section 2]


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a. Supreme Court, or any member thereof, on any day and at any time; orb. Court of Appeals or any member thereof in the instances authorized by law;

Note [for a) and b)]: If so granted, it shall be enforceable anywhere in the Philippines,

and may be made returnable before the court or any member thereof, or before the RTC,

or any judge thereof for the hearing and decision on the merits.

c. RTC, or a judge thereof, on any day and at any timeNote: The writ is returnable before himself and enforceable only within his judicial district

Requisites of Application [Rule 102, Section 3]

Court must determined whether:a. Person in whose behalf the aplctnn is made is impris or restrained of his liberty;b. Officer or name of the detaining another;c. Place where he is so imprisoned or restrained, if known;d. Copy of the commitment or cause of detention of such person.

When Writ Not Allowed [Rule 102, Section 4]

Person alleged to be restrained of his liberty is in the custody of an officer underprocess issued by a court or judge or by virtue of a judgment or order of a court of

record; and

Court or judge had jurisdiction to issue the process, render the judgment, or makethe order.

Grounds for denying the writ:

a. Juris. appears after the writ is allowed (informality/defect)b. Impri. under lawful order (insanity, leprosy)c. Custody under press/order by court with Juris.d. Charge/conviction for an offense in the phil.(com. order another)

Writ not allowed or discharge

1. Supervening events may bar release- Issuance of process- Filing of information

2. Improper arrest or lack of prelim. Investigation3. Posting of bail is not a waiver (No longer controlling)4. Effect of filing deportation cases.

Issuance of the Writ [Rule 102, Section 5]

The clerk of the court shall issue the writ under the seal of the court; or in case ofemergency, the judge may issue the writ under his own hand, and may depute any

officer or person to serve it.

To Whom Writ Directed [Rule 102, Section 6]

In case of imprisonment or restraint by an officer: To the officer. The writ shallcommand him to have the body of the person restrained of his liberty before the

court or judge.

In case of imprisonment or restraint by a person not an officer: To an officer. Thewrit shall command him to take and have the body of the person restrained of his

liberty before the court or judge and to summon the person by whom he is


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restrained then and there to appear before said court or judge to show the cause of

the imprisonment or restraint.

How Prisoner Designated [Rule 102, Section 7]

The person to be produced should be designated in the writ by his name, if known,but if his name is not known, he may be otherwise described or identified.

Where, By Whom, How Writ Served Designated [Rule 102, Section 7]

It may be served in any province. It may be served by the sheriff or other proper officer, or by a person deputed by

the court or judge.

I may be served by leaving the original with the person to whom it is directed andpreserving a copy on which to make return of service. If that person cannot be

found, or has not the prisoner in his custody, then the service shall be made on any

other person having or exercising such custody.

How Writ Executed and Returned [Rule 102, Section 8]

General rule:- The officer to whom the writ is directed shall convey the detained person on

the day specified on the writ:

a. before the judge who allow the writ,b. absence or disability, before any judge of the same court

Exception:- if the person to be produced has sickness or infirmity, such that he cannot be

brought before the court without danger.

Note: whc cannot be disobeyed for formal defect, if it sufficiently appears there from:

a. who has custody of the detained; andb.judge /court before whom the detained must be produced.[Rule 102, Section 9]

The return is signed by the person who made it. It shall be sworn to by him:

a. if the prisoner is not produced; orb. Not made and signed by a sworn public officer in his official capacity.

Contents of the return: [Rule 102, Sec. 10]

1. WON he has custody of the detained2. Copy of the authority for the custody3. If the person is not produced in court, the nature and gravity of sickness/infirmity;4. If custody is transferred, the circumstances of the transfer.

Return of the WHC

1. Failure to file reply to return of writ warrants dismissal of petition2. Burden of proving release is on respondent

Hearing and Adjournments [Rule 102, Section 12]

When the writ is returned, the court must immediately hear the case Hearing may be adjourned for good causes, with the court making provisions for

the safekeeping of the detained person.

If the detained person is not produced, the court must be satisfied of the gravity ofthe alleged sickness/infirmity.


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In hearing, the court shall disregard matters of forms and technicalities of theauthority/order of commitment.

Burden of proof

General Rule: The burden of proving illegal restraint rests on the petitioner who attacks

the restraint. If the return sets forth process which prima facie shows good ground for the

prisoners detention, petitioner must alleged and prove new matter that tends to invalidate

the apparent effect of the process.[Feria v. CA (2000)]

Exception: [Rule 102, Sec. 13]

If custody is under warrant

of commitment pursuant tolaw

If custody is by any alleged

private authority

Return is considered primafacie evidence of the causeof restraint

Return is only a plea of the factsset forth therein, and the partyclaiming custody must prove suchfacts

Recommitment, Bail or DischargeIf unlawfully restrained[Sec. 15]

If lawfully comtd for an offense[Sec.14]

court shall order dischargefrom confinement; butdischarge is not effectiveuntil copy of order is servedon detaining person. Ifdetaining person does notdesire to appeal, detainedperson shall be released.

1) if offense is punishable bydeath detained personcannot bereleased/discharged.

2) If offense is NOTpunishable by death either:a) recommit to prison;b) admit to bail.

If detained person is admitted to bail, he shall file a bond conditioned onappearance in court, otherwise, he will be recommitted (Sec.14)

General Rule: Person set at liberty by the writ shall not be imprisoned for the same

offense (Sec.17), State without power to reserve re-arrest

- Toyota v. Ramos, 139 SCRA 319. The moment a person is acquitted on acriminal charge he can no longer be detained or re-arrested for the same

offense

Exception: If there is lawful order/process of a court having jurisdiction

Punishable acts/omissions

1. If COC refuses to issue the writ after allowance by the court and demand2. If person directed in the writ:

a. Neglects/refuse to obey or make the return,b. Makes a false returnc. Refuses to deliver a true copy of the warrant/order of commitment, within 6

hours after demand

3. Imprisoning a person set at liberty by the writ, for the same offense. [sec.17]


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4. Removing a prisoner from one custody to another [sec.18]Penalties

1. Forfeiture of P1,000 to the aggrieved party2. Punished for contempt.

Prisoner May Be Removed from One Custody to Another [Rule 102, Sec. 18]

Grounds:a. Prisoner is be delivered to an inferior officer to carry to jail, or,b. Legal process, orc. Order of the proper court or judge, be removed from one place to another within

the Philippines for trial, or

d. Case of fire, epidemic, insurrection, or other necessity or public calamity; and In case of violation, a person who, after such commitment, makes, signs, or

countersigns any order for such removal contrary to this section, shall forfeit to the

party aggrieved the sum of P1000, to be recovered in a proper action.

Appeals in HC cases

SC restored original rule

period to appeal is 48 hrs (Sec.39 BP 129)Saulo v. Brig. Gen . Cruz

time prescribe for perfection of appeals not only mandatory but jurisdictional.Kabigting v. Dir.of prisons

date on which the decision was promulgated and/or served is not counted and theperiod starts to run the ff. day unless it is Sunday or legal holiday in which case its

starts on succeeding day.

To perfect appeal

a notice of appeal is required to be filed with the clerk of court or judge whorendered the judgment.

Relationship of WHC and Certiorari

The writ of HC and certiorari may be ancillary to each other where necessary togive effect to the supervisory powers of the higher courts. [Regalado]

Rationale: An HC writ reaches the body and the jurisdictional matters but not the record.

A certiorari reaches the record, but not the body. Hence, the two may be used together

for review purposes.

CASES ON HABEAS CORPUSMoncupa v. Enrile

Facts: Moncupa et al were arrested & detained. He was alleged to be a NationalDemocratic Font staff member. A Presidential Commitment Order (PCO) was issued vs.them. After 2 separate investigations, it was ascertained that Moncupa was not amember of any subversive organization. Both investigators recommended his prosecutiononly for illegal possession of firearms & subversive documents. The petitioners motionsfor bail were deined. Respondents claim that the privilege of the writ of HC had beensuspended as to Moncupa & filed a MTD stating Since the pet. is free & no longer underthe custody of the resps., the present petition for HC may be deemed moot & academic asin similar cases.Held: Moncupa may have been released fr. his detention cell, but the restraints attachedto his temporary release preclude freedom of action & under the Villavicencio v. Lukban


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rule warrant the Courts relieving him of such restraints as may be illegal. It is notphysical restraint alone w/c is inquired into by the writ of habeas corpus.

The principle is clear. A release that renders a pet. for a WHC moot & academicmust be one w/c is free fr. involuntary restraints. Where a person continues to beunlawfully denied one or more of his constitutional freedoms, where there is present adenial of due process, where the restraints are not merely involuntary but appear to be

unnecessary, & where a deprivation of freedom originally valid has, in the light ofsubsequent devts., become arbitrary, the person concerned or those applying in hisbehalf may still avail themselves of the privilege of the writ.

Toyoto, et al. V. Ramos

Facts: Petitioners temporarily released fr. detention. So, does writ lie?Held: Ordinarily, a pet. for HC becomes mute & epidemic (he he) when the restraint onthe liberty of the pets. Is lifted either temporarily or permanently. But the instant casepresents a diff. situation. The Q to be resolved is whether the State can reserve the

power to re-arrest a person for an offense after a court of competent jurisdiction hasabsolved him of the offense. Such a reservation is repugnant to the government of laws& not of men principle. Under this principle the moment a person is acquitted on a crimcharge he can no longer be detained or re-arrested for the same offense.

Alimpoos v. CAFacts: Reynaldo Mosquito has been accused of Robbery w/ less Serious Physical Injuries.He was detained by virtue of a warrant of arrest which was issued without theobservance of the legal requirements for the issuance thereof. Mosquito filed a petitionfor Habeas Corpus before the Trial Court. Mosquito named as defendants in the case theProv. Fiscal and the private offended parties. he also filed a claim for damages premisedon Arts. 32 (4) and other applicable provisions of the Civil Code.Issues:1. WON the writ of Habeas Corpus if the proper remedy for Mosquito?2. WON damages may be awarded in a Habeas Corpus case?3. WON private offended party may take part in the case?Held:1. The WHC is not the proper remedy. When a warrant of arrest is being assailed forimproper preliminary investigation, the remedy is a petition to quash the warrant of arrestor petition for reinvestigation of the case. It is the gen. rule that a HC shld. not beresorted to when there is another remedy available.

2. No. Damages cannot be awarded. The sole function of the writ is to relieve fr.unlawful imprisonment and ordinarily it cannot be properly used for another purpose.

3. While the issuance of the writ connotes the commencement of a civil action, theproceedings for HC is technically not yet a suit bet. private parties. The proper party isthe Chief of Police or the person having the accused in detention and not the privateoffended party. It is also only the fiscal who may appeal the order granting the writ asmandated by Sec. 19 RULE 41 of the ROC.

Salvana v. Saliendra

Facts: Salvana and Saliendra are the parents of 15 year old Felicisima Salvana. Theminor is presently in the custody of a justice of peace. The parents filed a petition forWHC to regain parental authority over the minor. The pet. was denied on the ground thatthe parents are guilty of abusing their child by forcing her to marry another against theher wishes.Issue: WON WHC should issue?Held: It should issue. A WHC is the proper legal remedy to enable parents to regain thecustody of a minor daughter even though the child is in custody of a 3rd person of herOWN FREE WILL. Neither the fact that the parents sought to compel her to marry against


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her wishes a legal ground for depriving parents their parental authority over the child asto deny them the right.

SUAREZ VS. CA

Facts: Respondent Manese filed a petition for writ of HC vs. petitioner RenatoSuarez, his mother & sister. She filed a motion to dismiss without prejudice to her right

to file another action for custody of minor, contending that the issue as to who hasrightful custody of the child could be fully adjudicated in another action and not in thepresent action for HC. TC granted motion but with prejudice.Issue: WON order of dismissal with prejudice is res judicata to present action forcustody of minor & supportHeld: The order of dismissal cannot be considered as a valid adjudication on the meritswhich would serve as a bar to the second action for custody of minor. TC dismissed thecase without stating the reasons or the basis therefore, contrary to the constitutionalmandate that decisions rendered by the court must clearly & distinctly state the law &facts on which it is based. It is worthy to note though that the ground upon which themotion to dismiss was filed was erroneous since the question as to who shall have custodyof the child can be sufficiently resolved in the petition for writ of HC pursuant to Rule 102,ROC.

The controversy in the instant case involves a litigation initiated by the naturalmother over the welfare & custody of her child, in which the State has a paramountinterest. The fundamental policy in the Constitution promoting & protecting the welfare ofchildren should not be disregarded by a mere technicality in resolving disputes whichinvolve the family & youth.

GALVEZ VS. CA

Facts: Three separate information (1 homicide, 2 frustrated homicide) were filed vs.Galvez (incumbent mayor of one of the towns in Bulacan ... Peter, dont follow hisfootsteps, OK?) for the alleged shooting of the Vinculados. Said infos. were laterwithdrawn in a Motion by the prosecutor, but on the same day, filed four separateinformation (same three plus illegal possession of firearms). Judge ordered the arrest ofthe petitioners since no bail was recommended.Issue: WON petition for HC was properly filed together with the present petition forcertiorari and mandamusHeld: Writ of HC and certiorari may be ancillary to each other where necessary to giveeffect to the supervisory powers of the higher courts. The writ reaches the body &

jurisdictional matters while certiorari reaches the record. But HC does not lie where pet.has the remedy of appeal or certiorari because it will not be permitted to perform thefunctions of a writ of error or appeal for the purpose of reviewing mere errors orirregularities in the proceedings of a court having jurisdiction over the person & subjectmatter.

Writ cannot be granted in the case at bar since petitioners failed to adduce anyjustification or exceptional circumstances which would warrant the grant of such writ. HCis not ordinarily available in advance of trial to determine jurisdictional questions that mayarise. In the absence of exceptional circumstances, the orderly course of trial should bepursued & the usual remedies exhausted before the writ may be invoked. Petition for HC

is not the appropriate vehicle for asserting a right to bail or vindicating its denial.

PEOPLE VS. FIGUEROA

FACTS: The accused were found by the Philippine Navy off the province of Palawanwith untaxed blue-seal cigarettes in their possession. They were brought to Manila andinvestigated. During this preliminary investigation, each of the accused executed affidavitsand waived their rights under Art. 125 of the RPC (arbitrary detention). Onrecommendation of the Manila fiscal, the accused were brought back to Palawan andanother preliminary investigation was held, allegedly for the purpose of affirm(ing) the


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truth of the sworn statements. This time, however, the accused declined counsel andreadily affirmed their previous affidavits. Their counsel filed a MTQ, claiming that theinformation was filed without a preliminary investigation and, if there was, it was held inManila and not Palawan where the alleged crime was committed. The lower court grantedthe MTQ, holding that the preliminary investigation was conducted hurriedly.ISSUE: WON the trial court correctly dismissed the information based on the lack ofpreliminary investigation.

HELD: NO. Assuming that the trial court felt that the accused should have been givenmore ample chance and opportunity to be heard in the preliminary investigation, what itshould have properly done was not to dismiss the information but to hold the case inabeyance and conduct its own investigation or require the fiscal to hold a reinvestigation.The absence of such investigation did not impair the validity of the information orotherwise render it defective. Much less did it affect the jurisdiction of the lower court overthe case.

ENRILE VS. SALAZAR

FACTS: Juan Ponce Enrile, Gregorio Honasan, and the Panlilio spouses were arrested byPNP agents on a warrant of arrest issued by Judge Salazar. They were denied bail, nonebeing recommended in the information which charged them with the crime of rebellionwith murder and multiple frustrated murder allegedly committed during the failed coup

attempt of Dec. 1990. Enrile and the Panlilios filed this petition for habeas corpus,invoking denial of the constitutional right to bail.ISSUE:

WON a petition for habeas corpus is the appropriate vehicle for asserting a right tobail or vindicating its denial.HELD:

NO. The criminal case before Judge Salazar was the normal venue for invoking thepetitioners right to have provisional liberty pending trial and judgment. The correctcourse was for petitioner to invoke that jurisdiction by filing a petition to be admitted tobail, claiming a right to bail per se by reason of the weakness of the evidence against him.Only after that remedy was denied by the trial court should the review jurisdiction of theSupreme Court have been invoked, and even then, not without first applying to the Courtof Appeals if appropriate relief was also available there. The Court will no longercountenance pleas like the present that clearly short-circuit the judicial process andburden it with the resolution of issues properly within the original competence of the lowercourts.

PAREDES VS. SANDIGANBAYAN

FACTS: A criminal complaint was filed against Governor Paredes for violation of the Anti-Graft and Corrupt Practices Act. A preliminary investigation was held but the summons forParedes to appear therein did not reach him. An information was subsequently filed and awarrant of arrest issued against Paredes. He now petitions for habeas corpus on theground that the preliminary investigation was invalid and that the offense has prescribed.ISSUE: WON the circumstances constitute valid grounds for the issuance of a writ ofhabeas corpus.HELD: NO. The absence of a preliminary investigation does not affect the courts

jurisdiction over the case nor impair the validity of the information or otherwise render itdefective. The remedy of the accused in such a case is to call the attention of the court to

the lack of a preliminary investigation and demand, as a matter of right, that one beconducted. The court, instead of dismissing the information, should merely suspend thetrial and order the fiscal to conduct a preliminary investigation.

The defense of prescription of the offense should be pleaded in the criminal action,otherwise it would be deemed waived. It is a proper ground for a motion to quash whichshould be filed before the arraignment of the accused for whether the crime may still beprosecuted and penalized should be determined in the criminal case not in a specialproceeding of habeas corpus. All questions which may arise in the orderly course of acriminal prosecution are to be determined by the court to whose jurisdiction the defendant


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has been subjected by the law, and the fact that a defendant has a good and sufficientdefense to a criminal charge on which he is held will not entitle him to his discharge onhabeas corpus.

ILAGAN V. ENRILE

Facts: Atty. Ilagan was arrested in Davao City & detained on the basis of a mission order

allegedly issued by the Ministry of Natl. Defense. He was visited by 15 lawyers fr. IBPDavao Chapter. One of the visitors was also arrested & detinaed on the basis of anunsigned MO. After several days, another IBP member was arrested. Petitioners arguethat the arrests were illegal & violative of the Consti, since arrests cannot be made on thebasis of mission orders. Resps. Answered that the Writ was suspended as to them byvirtue of Proc. #2045-A.Held: IF the detained attys. Question their detention bec. of improper arrest, or that noprelim inv has been conducted, the remedy is not a pet. for a writ of HC but a Motion forthe TC to quash the Warrant of Arrest, &/or the info on grounds provided by the rules orto ask for an investigation/ reinvestigation of the case. This pet. is now mood & academicbec. of criminal charges for rebellion filed vs. the lawyers.

Luna v. Plaza

Facts: Supporting the complaint for murder were sworn statements of prosecutionwitness in the form of Q & A taken by the PC investigator, & subscribed & sworn to beforethe resp. Judge at the time of filing comp. Judge read to the proecution witnesses the Q& A. This was how he examined them. The latter declared that their answers were true,freely & voluntarily made, & that they fully understood the Q & A & were willing to signtheir respective affidavits. Judge issued warrant of arrest. Pet. filed writ for certiorari onthe ground that he was deprived of liberty w/o due process since the imprisonment &detention was the result of a WOA issued by resp. judge in violation of law since the examwas not reduced to in writing in the form of searching Q & A. Judge claims substantialcompliance.Held: There was substantial compliance. The existence of probable cause depends to alarge degree upon the finding or opinion of the judge conducting the exam. RA 3828 doesnot prohibit the Mun Judge fr. adopting the questions asked by the previous investigator.

The term searching Q & A means only taking into consideration the purpose ofthe prelim exam, w/c is to determine whether there is a reasonable ground to believethat an offense has been committed & the accused is probably guilty thereof so that awarrant of arrest may be issued & the accused be held for trial, such Qs having tendencyto show the commission of the crime & the perpetrator.

HABEAS DATA

Defined (PIPHIF)

You should have the data a writ designed to protect through a petition orcomplaint, the image, privacy, honor, info. Self-detn. and freedom of info. Of a

person.(American leg.sch)

In the Philippines

Prom. By SC on jan. 22, 2008, in the midst of worsening human rights conditions inthe country through extra-judcl killings, enforced disappearances and torture.

Nature and scope of phil. HD (sec. 1)

Remedy available to any person whose right to privacy in life, lib or security isviolated or threatened by an unlawful act or omission of a public official or empe,

or a private indvl or entity engaged in the gathering, collecting or storing of data or

info. Regarding the per,fam, home and correspondence of the aggrieved party.


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The respondent may be a:a. Pub. Off. Or empe; orb. Priv. indvl or entity engaged in GCSR..

Law requires that the a/o causing the vio. must be unlawful, however GCS or usingdata of an indvl, without consent, is presumed unlawful unless the resp. proves the

data is current, accurate, its confidentiality assured, and was legally acquired or

gathered for a leg.purpose.

Who has standing to file the petition? (sec. 2)

Aggrieved party, however, in cases of extra-judcl killings and enforceddisappearances:

a. Mem. Of immed. Fam of AP, namely: Spouse, child. Or parents;orb. Any ascen. Desc. Or colla.rel. of AP w/in the 4th civil deg of cons. Or aff in

default of a.

Where to file (sec. 3)

Option of the petitioner, with:a. RTC where the resp. or peti. resides ( akin to rules of argentina and any ame.

Places)

b. RTC which has juris. Over the place ( data or info. Is GCS)c. SC, CA or SB when the action concerns ( pub. Data files of govt. offices)

Where returnable/ enforceable (sec. 4)

When issued by the SC or any of its justices, it may be returnable b4 such court orany justice thereof, or b4 the C or SB, or any of its justices or to any RTC of the

place where the pet./ resp. Resides, or that w/c has juris..

Notw/standing the venue chosen, the writ is enforceable anywhere in the phil.How much is the docket fee (sec. 5)

No docket and other lawful fees are required from an indigent petitioner it shall bedocketed and acted upon immed. w/o prejudice to the subseq. Submsn of proof of

indigency not later than 15 days from the filing of petition.

If court finds the proof insufficient, it is hoped that the court merely orders thepayment of docket fees rather than dismissing the petition.

What should the petition contain (sec. 6)

A verified petition for a WHD shud contain:a. Personal circum. Of the petitioner and the resp;b. Manner the right to privacy is vio. Or thret. And how it affects the LLS of AP;c. Action and resources taken by the pet. To secure the data or info;d. Location of the files, registers or data bases, the govt. office and the person in

charge, in possession or in control of the data or info., if known;

e. Relief prayed for, w/c may include the updating, rectification, suppression ordestruction of the database or info. Or files kept by the resp.;

f. Other relevant reliefs as are just and equitable.When is a writ issued? (sec. 7)


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Upon filing of petition, the court, justice or judge shall immed. order the issuance ofthe writ if on its face it ought to issue.

The clerk shall issue the writ under the seal of the court and cause it to be servedw/in 3 days from its issuance; or in case of

Urgent necessity, the JJ may issue the writ under his hand and may deputize anyofficer or person to serve it.

NOTE:The writ shall also set the date and time for summary hearing of the petitionwhich shall not be later than ten (10) work days from the work of issuance.

May a petition for habeas data be filed if there is a pending criminal action?(Sec.22)

No, but a motion may be filed in the court hearing the criminal case. When a criminal action has been commenced, no separate petition for the writ shall

be filed. The reliefs under the writ shall be available to the aggrieved party by

motion in the criminal case. The procedure under this rule shall govern thedisposition of the reliefs available under the writ of habeas data.

NOTE: It is not clear, however, how the court may establish that the criminal case has

a nexus to the issues raised under the writ. It is therefore possible that a petitionermay file a separate habeas data petition claiming that the information sought to berectified or destroyed by the petition does not or will not prejudice the pending criminalaction.

From the provision, the writ may be filed and resolved independent of any civilaction.What if a crim. & a separate civil action is filed after the petition is filed?(Sec.20-21)

The filing of a petition for a writ does not preclude the filing of separate criminal,civil or administrative action (section 20). If a criminal action is filed subsequentlyto the filing of a petition for the writ, the petition shall be consolidated with thecriminal action as provided under section 21. If an independent civil action is filedseparate from the criminal case, the petition is consolidated with the criminal actionand not with the civil action.

In any case, the procedure under the rule on habeas data shall govern thedisposition ofthe reliefs prayed for in a habeas data motion filed before the courthearing the criminal case.

What should the respondents Return contain? (Sec.10) The resp. shall file a verified written return together with supporting affidavits

within five work days from service of the writ, which period may be reasonablyextended by the court of justifiable reasons. The return shall, among other things,contain the following:

a. The lawful defense such as national security, state secrets, privgd communictn,confidentiality of the source of info. of media and others;

b. In case of resp. in charge in possession or in control of the said data or info., subj.of petn:(i) Disclosure of the data or information about the petr., the nature of such

data or info, & the purpose for its collection;(ii) Steps or actions taken by the respondent to ensure the security and

confidentiality of the data or information; and(iii) Currency and accuracy of the data or info;


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c. Other allegations relevant to the resolution of the proceeding. A general denial of the allegations in the petitions shall not be allowed.

How will the hearing be conducted in cases of sensitive data? (Sec. 12) A hearing in chambers may be conducted where the respondent invokes the

defense that the release of the data or information in question shall compromisenational security or state secrets or when the information cannot be divulged to thepublic due to its nature or privileged character.

What if the respondent fails to make a Return? (Sec.14) 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 the petition maywarrant unless the court in its discretion requires the petitioner submit evidence.

If the respondent fails to file a return within the period allowed, the court may hearthe petition ex parte and may immediately grant the relief prayed for.

EXAMPLE: Pres. Gloria Arroyo does not file a verified return in the various amparopetitions filed against her. The Solicitor general, however, set up for Pres. Arroyo theaffirmative defense that she is immune from suit. This may also be used in habeasdata petition.

Human rights lawyers must insist that Pres. Arroyo must file a verified return, andclaim her immunity through that verified return. This is because the rule provides forthe filing of the same. Furthermore, the privilege of immunity must be claimed by theperson given such privilege. The Solicitor general cannot take up the cudgels for thepresident in this respect especially if there is no proof that the President personallyinformed the Solicitor General of her intention to avail of immunity. The president maywaive the privilege and allow herself to be used, and it is therefore, important for thepresident to raise the same through a verified return.

Is there a penalty for refusing to make or making a false return? (Sec. 11)

The court, justice or judge may punish with imprisonment or fine a respondent whocommits contempt by making a false return, or refusing to make a return or any

person who otherwise disobeys or resists a lawful process or order of the court.Can the respondent file a pleading other than a return? (Sec.13) enumerates prohibited pleadings such as, inter alia, motion to dismiss, for

extension of time, dilatory motion for postponement, bill of particulars, motion todeclare respondent in default, intervention, motion for reconsideration ofinterlocutory orders, Memorandum, counter claim, or reply.

Period w/n w/c the court must decide the petition? What should the decisioncontain?

The rule requires the immediate issuance of the writ possibly in recognition of theurgency of remedy particularly in cases involving threat to life or liberty. However,there is no period set for the resolution of the petition except that it should beresolved within ten (10) days from the time the petition is submitted for decision,

to wit: (Sec. 16)NOTE: the court shall render judgment within ten days from the time the petition issubmitted for decision. If the allegations in the petition are proven by substantialevidence, the court shall enjoin the act complained of, or order the deletion,destruction, or rectification of the erroneous data or information and grant otherrelevant reliefs as may be just and equitable; otherwise the privilege of the writ shallbe denied.


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Upon its finality, the judgment shall be enforced by the sheriff or any lawful officeras may be designated by the court, justice or judge within five work days.

Firstly, there is a distinction between the grant of the writ of habeas data -decision of the court to give due course to the petition, require respondents to file theirreturn and set the petition for hearing. The grant of theprivilege of the writ- petition isfound meritorious, the prayers therein are granted and the petitioner is granted the reliefsought for.

Secondary, the courts judgment ordering the deletion or rectification or destructionof the data can only be implemented once the judgment becomes final. It is possibletherefore that the decision may be appealed to the Supreme Court by any of the parties.How is a decision appealed? (Sec. 19)

may be appealed to the SC on questions of facts or law or both:a. Any may appeal from the judgment or final order to the Supreme Court under

Rule 45.b. Raise questions of facts or law or both.c. Period of appeal shall be (5) days from the date of notice or judgment or final

order.d. The appeal shall be given the same priority as habeas corpus or amaparo cases.e. The RC shall apply suppletorily insofar as it is not inconsistent with the Rule on

Habeas Data (SECTION 24)Conclusion

Even if the rule allows for private individuals as respondents, the writ of habeasdata may be one of the main remedies for those whose right to file, liberty orsecurity are threatened or violated by acts or omission of public officials. The Phil.HD may vary from the other Latin American habeas data precisely because it isinformed by conditions obtaining in the country today.

The habeas data rule, similar to the amparo rule, may be interpreted differently inthe future, as jurisprudence on the same develops, but in the current context itshould be used by victims of harassment and other human rights violationscommitted by the state and its security forces.

It is hoped that the Court will give full play to the use of habeas data as a venue forvictims of human rights violations seek redress for the violations and extractaccountability for the abuse of information collected, stored and used by the State.

THE WRIT OF AMPARORole of Amparo

Effective and inexpensive instrument for the protection of contl. Rights. Literally means to protectoriginated in mexico. It started as a protection against acts or omissions of public authorities in vio. Of

constl rights. Later, however, the writ evolved for several purposes:a. Protection of per.freedom equiv. to the habeas corpus (amparo libertad);b. Judcl review of the consty of statutes (amparo contra leyes);c. Judcl review of the consty and legality of a judcl decision (amparo casacion);d. Judcl review of the Admtv actions (amparo admtivo); ande. Protection ofpeasants right derived from the agrarian reform process. (amparo

agrario)


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Sec. 1. Petition 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 oremployee, or of a private individual or entity.

The writ shall cover extralegal killings and enforced disappearances or threatsthereof.- Only covers LLS cuz other const.l rights of our people already enforced thro dif.remedies.

Sec. 2. Who May File.

aggrieved party or by any qualified person or entity in the following order, Any:1. Member of the immediate family, namely: the spouse, children and parents ofthe aggrieved party;2. Ascendant, descendant or collateral relative of the aggrieved party within thefourth civil degree of consanguinity or affinity, in default of those mentioned in thepreceding paragraph; or3. Concerned citizen, organization, association or institution, if there is no knownmember of the immediate family or relative of the aggrieved party.

The filing of a petition by the aggrieved party suspends the right of all otherauthorized parties to file similar petitions. Likewise, the filing of the petition by anauthorized party on behalf of the aggrieved party suspends the right of all others,observing the order established herein.- The right to sue belongs to the person whose right to LSS being TUOPE.

Sec. 3. Where to File. on any day and at any time with the RTC of the place where the threat, act or

omission was committed or any of its elements occurred, or with the SB, the CA,the SC, or any justice of such courts. The writ shall be enforceable anywhere in thePhilippines.

Issued by RTC or any judge thereof, the writ shall be returnable before such courtor judge.

Issued by the SB or CA or any of their justices, it may be returnable before suchcourt or any justice thereof, or to any RTC of the place where the threat, act oromission was committed or any of its elements occurred.

SC or any of its justices, it may be returnable before such Court or any justicethereof or before the SB or CA or any of their justices, or to any RTC of the placewhere the threat, act or omission was committed or any of its elements occurred.

Sec. 4. No Docket Fees

Petitioner shall be exempted from the payment of the docket and other lawful feeswhen filing the petition. The court, justice or judge shall docket the petition and actupon it immediately.- LIBERALIZED DF, for this Extraord. Writs involve the protection of LSS, the

enforcement of this sacrosanct rights should not be frustrated by lack of finances.Sec. 5. Contents of Petition.

be signed and verified and shall allege the following:1. Personal circumstances of the petitioner;2. Right to LLS of the aggrieved party violated or threatened with violation by an

unlawful act or omission of the respondent, and how such threat or violation iscommitted with the attendant circum. detailed in supporting affidavits;


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3. Actions and recourses taken by the petitioner to determine the fate orwhereabouts of the aggrieved party and the identity of the person responsiblefor the TAO;

4. Investigation conducted, if any, specifying the names, personal circum., andaddresses of the investigating authority or individuals, as well as the mannerand conduct of the investigation, together with any report;

5. Name and personal circumstances of the resp. responsible for the TAO, or, if thename is unknown or uncertain, the respondent may be described by an assumedappellation;

6. Relief prayed for. May include a general prayer for other just and equitable reliefs.

Sec. 6. Issuance of the Writ

Upon the filing of the petition, the court, justice or judge shall immediately orderthe issuance of the writ if on its face it ought to issue. The clerk of court shall issuethe writ under the seal of the court; or in case of urgent necessity, the justice orthe judge may issue the writ under his or her own hand, and may deputize anyofficer or person to serve it.

Also set the date and time for summary hearing of the petition which shall not belater than seven (7) days from the date of its issuance.- The writ will require resp. to file his return (comment\ans.)- Petitioner able to prove his CA after the hearing, the privilege of writ be granted.

Sec. 7. Penalty for Refusing to Issue or Serve the Writ. 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 orjudge for contempt without prejudice to other disciplinary actions.

Sec. 8. How the Writ is Served.

By judicial officer or by a person deputized by the court, justice or judge who shallretain a copy on which to make a return of service. In case the writ cannot be

served personally on the respondent, the rules on substituted service shall apply.Sec. 9. Return; Contents. Within seventy-two (72) hours after service of the writ, the respondent shall file a

verified written return together with supporting affidavits which shall, among otherthings, contain the following:1. Lawful defenses to show that the respondent did not violate or threaten withviolation the right to LSS of the aggrieved party, through any act or omission;2. Steps or actions taken by the respondent to det. the fate or whereabouts of theaggrieved party and the person or persons responsible for the TAO;3. Relevant information in the possession of the respondent pertaining to the TAOagainst the aggrieved party; and4. Respondent is a public official or employee, the return shall further state the

actions that have been or will still be taken to:a. Verify the identity of the aggrieved party;b. Recover and preserve evi. related to the death or disappearance of the personidentified in the petition which may aid in the prosecution of the person/s responsible;c. Identify witnesses and obtain statements from them concerning the death ordisappearance;d. Determine the cause, manner, location and time of death or disappearance as well asany pattern or practice that may have brought about the death or disappearance;


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e. Identify and apprehend the person or persons involved in the death or disappearance;andf. Bring the suspected offenders before a competent court.

The return shall also state other matters relevant to the investigation, its resolutionand the prosecution of the case. A general denial of the allegations in the petitionshall not be allowed.

Sec. 10. Defenses not Pleaded Deemed Waived.

All defenses shall be raised in the return, otherwise, they shall be deemed waived.- In consonance with the summary nature of the proceedings and prevent its

delay.Sec. 11. Prohibited Pleadings and Motions.The following pleadings and motions areprohibited:

1. Counterclaim or cross-claim;2. Reply;3. Reconsideration of interlocutory orders or interim relief orders;4. Extension of time to file return, opposition, affidavit, position paper and other

pleadings;

5. Motion to declare respondent in default;6. Memorandum;7. Dilatory motion for postponement;8. Dismiss;9. Intervention;10.Petition for certiorari, mandamus or prohibition against any interlocutory order; 11.Bill of particulars; and12.Third-party complaint.

- Prohibited so that the proc. In the hearing be expedited. The committee notedthat since the LLS of a person is at stake the proc. should not be delayed.

Sec. 12. Effect of Failure to File Return. Respondent fails to file a return, the court, justice or judge shall proceed to hear

the petition ex parte.Sec. 13. Summary Hearing.

Hearing on the petition shall be summary. However, the court, justice or judgemay call for a preliminary conference to simplify the issues and determine thepossibility of obtaining stipulations and admissions from the parties.

From day to day until completed and given the same priority as petitions forhabeas corpus.

Sec. 14. Interim Reliefs.

Upon filing of the petition or at any time before final judgment, the court, justice orjudge may grant any of the following reliefs:

(a) Temporary Protection Order. - The court, justice or judge, upon motion or motuproprio, may order that the petitioner or the aggrieved party and any member ofthe immediate family be protected in a government agency or by an accredited

person or private institution capable of keeping and securing their safety. If thepetitioner is an organization, association or institution referred to in Section 3(c)of this Rule, the protection may be extended to the officers involved.


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The Supreme Court shall accredit the persons and private institutions that shall extendtemporary protection to the petitioner or the aggrieved party and any member of theimmediate family, in accordance with guidelines which it shall issue. The accreditedpersons and private institutions shall comply with the rules and conditions that may beimposed by the court, justice or judge.

(b) Inspection Order. - The court, justice or judge, upon verified motion and after duehearing, may order any person in posesn or control of a designated land or other prop,to permit entry for the purpose of inspecting, measuring, surveying, or photographingthe prop or any relevant object or operation thereon. The motion shall state in detailthe place or places to be inspected. It shall be supported by affidavits or testimonies ofwitnesses having personal knowledge of the enforced disappearance or whereabouts ofthe aggrieved party.

If the motion is opposedon the ground of nat. secu. or of the privileged nature of theinformation, the court, justice or judge may conduct a hearing in chambers todetermine the merit of the opposition. The movant must show that the inspection

order is necessary to establish the right of the aggrieved party alleged to bethreatened or violated. The inspection order shall specify the person/s authorized tomake the inspection and the date, time, place and manner of making the inspectionand may prescribe other cond to protect the constl rights of all parties. The order shallexpire five (5) days after the date of its issuance, unless extended for justifiablereasons.

(c) Production Order. - The court, JJ, upon verified motion and after due hearing, mayorder any person in possn, custody or control of any designated doc, papers, books,accounts, letters, photographs, objects or tang. things, or objc in digitized or electronicform, which constitute or contain evidence relevant to the petition or the return, to

produce and permit their inspection, copying or photographing by or on behalf of themovant.

The motion may be opposed on the ground of nat. secu. or of the privg nature of theinformation, in which case the court, justice or judge may conduct a hearing inchambers to determine the merit of the opposition. The court, justice or judge shallprescribe other conditions to protect the constitutional rights of all the parties.

(d) Witness Protection Order. - The court, justice or judge, upon motion or motuproprio, may refer the witnesses to the Dept of Justice for admission to the WitnessProtection, Security and Benefit Program, pursuant to RA No. 6981. The court, justiceor judge may also refer the witnesses to other government agencies, or to accredited

persons or private institutions capable of keeping and securing their safety.

Sec. 15. Availability of Interim Reliefs to Respondent. Upon verified motion of the respondent and after due hearing, the court, justice or

judge may issue an inspection order or production order under paragraphs (b) and(c) of the preceding section.


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A motion for inspection order under this section shall be supported by affidavits ortestimonies of witnesses having personal knowledge of the defenses of therespondent.

Sec. 16. Contempt.

The court, justice or judge may order the respondent who refuses to make a return,or who makes a false return, or any person who otherwise disobeys or resists alawful process or order of the court to be punished for contempt. The contemnormay be imprisoned or imposed a fine.- The power to cite in contempt is an inherent power of the courts to compel

obedience to its order and preserve the integrity of the judiciary.Sec. 17. Burden of Proof and Standard of Diligence Required.

The parties shall establish their claims by substantial evidence. The respondent whois a private individual or entity must prove that ordinary diligence as required byapplicable laws, rules and regulations was observed in the performance of duty.

The respondent who is a public official or employee must prove that extraordinarydiligence as required by applicable laws, rules and regulations was observed in theperformance of duty.

The respondent public official or employee cannot invoke the presumption thatofficial duty has been regularly performed to evade responsibility or liability.

Sec. 18. 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 substantialevidence, the court shall grant the privilege of the writ and such reliefs as may beproper and appropriate; otherwise, the privilege shall be denied.

Sec. 19. Appeal. Any party may appeal from the final judgment or order to the Supreme Court under

Rule 45. The appeal may raise questions of fact or law or both. The period of appealshall be five (5) working days from the date of notice of the adverse judgment. The

appeal shall be given the same priority as in habeas corpus cases.Sec. 20. Archiving and Revival of Cases. The court shall not dismiss the petition, but shall archive it, if upon its

determination it cannot proceed for a valid cause such as the failure of petitioner orwitnesses to appear due to threats on their lives.

A periodic review of the archived cases shall be made by the amparo court thatshall, motu proprio or upon motion by any party, order their revival when ready forfurther proceeding.

The petn shall be dismissed with prejudice upon failure to prosecute the case afterthe lapse of (2) years from notice to the pet r of the order archiving the case. clerksof court shall submit to the Office of the Court Administrator a consolidated list ofarchived cases under this Rule not later than the first week of Jan. of every year.

Sec. 21. Institution of Separate Actions. This Rule shall not preclude the filing of separate crim, civil or admintv actions.

Sec. 22. Effect of Filing of a Criminal Action. When a criminal action has been commenced, no separate petition for the writ shall

be filed. The reliefs under the writ shall be available by motion in the criminal case.The procedure under this Rule shall govern the dispo. of the reliefs available underthe w amparo.

Sec. 23. Consolidation.


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When a crim. action is filed subsqnt to the filing of a petn for the writ, the lattershall be consolidated with the crim. action. When a crim action and a sepa civilaction are filed subsqnt to a petn for a writ of amparo, the latter shall beconsolidated with the crim action.After consolidation, the procedure under this Ruleshall continue to apply to the disposition of the reliefs in the petition.

Sec. 24. Substantive Rights. This Rule shall not diminish, increase or modify substantive rights recognized and

protected by the Constitution.Sec. 25. Suppletory Application of the Rules of Court.

The RC shall apply suppletorily insofar as it is not inconsistent with this Rule.Sec. 26. Applicability to Pending Cases.

This Rule shall govern cases involving extralegal killings and enforceddisappearances or threats thereof pending in the trial and appellate courts.

Sec. 27. Effectivity.

October 24, 2007, following its publication in three (3) newspapers of GC.QUESTIONS AND ANSWERS

1. With the promulgation of WA, has the WHC been rendered superfluous? No, cuz it is available not only when one has deprived of his liberty but even

when such deprvn is threatened. In fact, it is avail in all encompassingsituation as regards to the right to LLS. In short it provides for a broader andwider protection to an indvl, unlike the HC w/c affords protection only to theright to liberty.

2. If the WA is issued, what does it do? Itdoes two things, like:

a. Allows the court to grant the aggrieved party or the petitioner interimreliefs provided for under Sec. 14 which is not available when the writ of

HC is filed.b. It sets the date and time for summary hearing of the petition.3. What actions may the court do when a petition for a writ of amparo is

filed? The court may issue the writ when the petition is filed and when it is

warranted; and render a judgment after summary hearing.4. If a person files a petition for HC, may the court declare the law

unconstitutional? Yes, the WHC not only directs the production of the body of the person

detained or held in custody; it also allows the judge to inquire into thelegality of the detention and, when necessary to the resolution of the issuedeclare the law under w/c he is detained unconstitutional. This is so coz the

hearing in a petition for HC is not summary in nature but a full-blown one,unlike in a petition for a writ of amparo.

5. How about is a petition for a writ of amparo is filed, may the court declarethe law unconstitutional?

No, the court merely grants the individual denied of his constitutional rightsby govt action relief , but not to declare the law behind the state action voidor unconstitutional.


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6. Why cannot the court declare the law unconstitutional? because section 13 provides for a summary hearing and has a number of

motions commonly barred in summary proceedings (sec.17).Section 17requires more than substantial evidence to support the petition. Hence, anamparo proceeding cannot pass upon constitutionality of a law that has beenraised as a defense in cases where the aggrieved party is deprived of liberty.

7. What is then the basic function of the writ of amparo? Is to cause the disclosure of the place of detention or incarceration of the

aggrieved party, and to pass upon the issue of arbitrary or illegal detention.Hence, it cannot be an amparo contra leges.

8. Is there a need for a hearing for the issuance of the writ of amparo? No, because it can be issued ex parte. Under Sec.6 the court shall issue the

writ immediately upon the filing of the petition if warrant on the basis of theallegations.

9. Does the constitution provide for the writ of amparo? No, there is no express provision on the writ of amparo

10.Ifthe WA is not exprey provdd 4 in the consti., cn it be sed dat 8simpliedly provided therein?

Yes, it is deemed provided/including in the provision empowering the SC topromulgate rules concerning the protection and enforcement of constitutionalrights.

11.Can the WA be both a HR protector and a justice tool? Explain. Yes for some reason:1. Covers not only govt officials but also private individuals or entities2. Remedy avail to any person where right to LLS is violated or threatened.3. Exempted from the paymt of the DF and other fees when filing the petition.4. Abandons tradnlleg.docts and princ that are not helpful to the objv. of writ.5. Petn may be filed not only by AP but also by concrnd cit. org, assoc or instn6.

Adopts new legal paradigms that will enhance the protective charc of writ.7. Discourg puboffto make blankets denials of custody of victims of enforceddisappearances.

spec pro midterm

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