HC vs AMPARO vs HD

Question 1

Habeas Corpus: Governing Rule

Answer 1

Rule 103

Question 2

Amparo: Governing Rule

Answer 2

Rule on the Writ of Amparo

Question 3

Habeas Data: Governing Rule

Answer 3

Rule on the Writ of Habeas Data

Question 4

Habeas Corpus: Available to Whom

Answer 4

Person illegally deprived of liberty or from whom rightful custody is withheld

Question 5

Amparo: Available to Whom

Answer 5

Person whose right to life, liberty, and security is violated or threatened (includes extralegal killings and enforced disappearances)

Question 6

Habeas Data: Available to Whom

Answer 6

Person whose right to privacy in life, liberty, or security is violated or threatened (esp. due to data gathering or storing)

Question 7

Habeas Corpus: Jurisdiction/Where Filed

Answer 7

SC, CA, SB; RTC in region where writ to be enforced; MTC if no RTC in province/city

Question 8

Amparo: Jurisdiction/Where Filed

Answer 8

SC, CA, SB; RTC where threat, act, or omission occurred

Question 9

Habeas Data: Jurisdiction/Where Filed

Answer 9

SC, CA, SB (for public data files); RTC where petitioner/respondent resides or where data is gathered/stored

Question 10

Habeas Corpus: Who May File

Answer 10

Aggrieved party or any person on his behalf

Question 11

Amparo: Who May File

Answer 11

Aggrieved party, immediate family, relative within 4th degree, or concerned citizen/organization

Question 12

Habeas Data: Who May File

Answer 12

Aggrieved party; for EK/ED cases, family or relative within 4th degree

Question 13

Habeas Corpus: Extent of Enforceability

Answer 13

SC/CA/SB: Anywhere; RTC/MTC: within judicial region

Question 14

Amparo: Extent of Enforceability

Answer 14

Anywhere

Question 15

Habeas Data: Extent of Enforceability

Answer 15

Anywhere

Question 16

Habeas Corpus: Interim Reliefs

Answer 16

Not applicable (N/A)

Question 17

Amparo: Interim Reliefs

Answer 17

Available (TIPW Orders): Temporary Protection, Inspection, Production, Witness Protection

Question 18

Habeas Data: Interim Reliefs

Answer 18

Not applicable (N/A)

Question 19

Habeas Corpus: Filing of Return

Answer 19

Return on date/time stated in writ

Question 20

Amparo: Filing of Return

Answer 20

Within 5 working days of service; no extension unless highly meritorious

Question 21

Habeas Data: Filing of Return

Answer 21

Within 5 working days; reasonable extension must be justifiable

Question 22

Habeas Corpus: Appeal

Answer 22

Notice of appeal within 48 hours from notice

Question 23

Amparo: Appeal

Answer 23

Rule 45 within 5 working days from notice

Question 24

Habeas Data: Appeal

Answer 24

Rule 45 within 5 working days from notice

Question 25

Habeas Corpus: Primacy of Criminal Action

Answer 25

Not subject to criminal action

Question 26

Amparo: Primacy of Criminal Action

Answer 26

Subject to primacy of criminal action (Art. 32(4), NCC)

Question 27

Habeas Data: Primacy of Criminal Action

Answer 27

Subject to primacy of criminal action (S21 & 22, RHD)

Question 28

Habeas Corpus: Quantum of Proof

Answer 28

Preponderance of evidence (S1 R133)

Question 29

Amparo: Quantum of Proof

Answer 29

Substantial evidence (S17 RWA)

Question 30

Habeas Data: Quantum of Proof

Answer 30

Substantial evidence (S16 RHD)

Question 31

Peremptory writ

Answer 31

Requires the respondent to appear and show cause why the peremptory writ should not be granted.