This document discusses the nature and purpose of three writs: habeas corpus, writ of amparo, and writ of habeas data. It provides details on:
1. The writ of amparo is an extraordinary remedy that provides rapid judicial relief through a summary proceeding based on substantial evidence. It aims to prevent and cure extrajudicial killings and enforced disappearances.
2. The writ of habeas data protects the right to informational privacy, such as controlling information collected about oneself through unlawful means.
3. Interim reliefs available under the writ of amparo include temporary protection orders, inspection orders, production orders, and witness protection orders - but only before a final judgment is made.
This document discusses the nature and purpose of three writs: habeas corpus, writ of amparo, and writ of habeas data. It provides details on:
1. The writ of amparo is an extraordinary remedy that provides rapid judicial relief through a summary proceeding based on substantial evidence. It aims to prevent and cure extrajudicial killings and enforced disappearances.
2. The writ of habeas data protects the right to informational privacy, such as controlling information collected about oneself through unlawful means.
3. Interim reliefs available under the writ of amparo include temporary protection orders, inspection orders, production orders, and witness protection orders - but only before a final judgment is made.
This document discusses the nature and purpose of three writs: habeas corpus, writ of amparo, and writ of habeas data. It provides details on:
1. The writ of amparo is an extraordinary remedy that provides rapid judicial relief through a summary proceeding based on substantial evidence. It aims to prevent and cure extrajudicial killings and enforced disappearances.
2. The writ of habeas data protects the right to informational privacy, such as controlling information collected about oneself through unlawful means.
3. Interim reliefs available under the writ of amparo include temporary protection orders, inspection orders, production orders, and witness protection orders - but only before a final judgment is made.
This document discusses the nature and purpose of three writs: habeas corpus, writ of amparo, and writ of habeas data. It provides details on:
1. The writ of amparo is an extraordinary remedy that provides rapid judicial relief through a summary proceeding based on substantial evidence. It aims to prevent and cure extrajudicial killings and enforced disappearances.
2. The writ of habeas data protects the right to informational privacy, such as controlling information collected about oneself through unlawful means.
3. Interim reliefs available under the writ of amparo include temporary protection orders, inspection orders, production orders, and witness protection orders - but only before a final judgment is made.
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HABEAS CORPUS
WRIT OF AMPARO Nature It is an extraordinary and independent remedy that provides rapid judicial relief which partakes of a summary proceeding that requires only substantial evidence to make the appropriate interim and permanent reliefs available to the petitioner.
It is not an action to determine criminal guilt requiring proof beyond reasonable doubt, or liability for damages requiring preponderance of evidence, or administrative responsibility requiring substantial evidence that will require full and exhaustive proceedings.
WRIT OF HABEAS DATA
As an independent and summary remedy to protect the right to privacy especially the right to informational privacy the proceedings for the issuance of the writ of habeas data does not entail any finding of criminal, civil or administrative culpability. If the allegations in the petition are proven through substantial evidence, then the Court may: 1. Grant access to the database or information 2. Enjoin the act complained of; or 3. In case the database or information contains erroneous data or information, order its deletion, destruction or rectification.
Purpose To ensure the protection of the peoples rights to life, liberty and security These are issued in light of the alarming prevalence of extrajudicial killings and enforced disappearances It serves both preventive and curative roles in addressing the problem of extrajudicial killings and enforced disappearances. 1. Preventive - it breaks the expectation of impunity in the commission of these offenses 2. Curative - it facilitates
It provides a judicial remedy
to protect a persons right to control information regarding oneself, particularly in instances where such information is being collected through unlawful means in order to achieve unlawful ends.
the subsequent punishment of perpetrators by inevitably leading to subsequent investigation and action. Grant of Interim Reliefs Effectivity 24 October 2007
2 February 2008
First issue: Grant of interim reliefs
In the petition in G.R. No. 191805, Rodriguez prays for the issuance of a temporary protection order. It must be underscored that this interim relief is only available before final judgment. Section 14 of the Rule on the Writ of Amparo clearly provides: When to file Interim Relief (Sec. 14, Rule on the Writ of Amparo A.M No. 07-9-12- SC) 1. Upon the filing of the petition 2. At any time before final judgment Interim Reliefs 1. Temporary Protection Order The court, justice or judge, upon motion or motu proprio, may order that the petitioner or the aggrieved party and any member of the immediate family be protected in a government agency or by an accredited person or private institution capable of keeping and securing their safety. If the petitioner is an organization, association or institution referred to in Section 3(c) of this Rule, the protection may be extended to the officers involved. The Supreme Court shall accredit the persons and private institutions that shall extend temporary protection to the petitioner or the aggrieved party and any member of the immediate family, in accordance with guidelines which it shall issue. The accredited persons and private institutions shall comply with the rules and conditions that may be imposed by the court, justice or judge. 2. Inspection Order The court, justice or judge, upon verified motion and after due hearing, may order any person in possession or control of a designated land or other property, to permit entry for the purpose of inspecting, measuring, surveying, or photographing the property or any relevant object or operation thereon. The motion shall state in detail the place or places to be inspected. It shall be supported by affidavits or testimonies of witnesses having
personal knowledge of the enforced disappearance or whereabouts of
the aggrieved party. If the motion is opposed on the ground of national security or of the privileged nature of the information, the court, justice or judge may conduct a hearing in chambers to determine 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 be threatened or violated. The inspection order shall specify the person or persons authorized to make the inspection and the date, time, place and manner of making the inspection and may prescribe other conditions to protect the constitutional rights of all parties. The order shall expire five (5) days after the date of its issuance, unless extended for justifiable reasons.
3. Production Order The court, justice, or judge, upon verified motion and after due hearing, may order any person in possession, custody or control of any designated documents, papers, books, accounts, letters, photographs, objects or tangible things, or objects in digitized or electronic form, 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 the movant. The motion may be opposed on the ground of national security or of the privileged nature of the information, in which case the court, justice or judge may conduct a hearing in chambers to determine the merit of the opposition. The court, justice or judge shall prescribe other conditions to protect the constitutional rights of all the parties. 4. Witness Protection Order The court, justice or judge, upon motion or motu proprio, may refer the witnesses to the Department of Justice for admission to the Witness Protection, Security and Benefit Program, pursuant to Republic Act No. 6981. The court, justice or judge may also refer the witnesses to other government agencies, or to accredited persons or private institutions capable of keeping and securing their safety. (Emphasis supplied) We held in Yano v. Sanchez[68] that [t]hese provisional reliefs are intended to assist the court before it arrives at a judicious determination of the amparo petition. Being interim reliefs, they can only be granted before a final adjudication of the case is made. In any case, it must be underscored that the privilege of the writ of amparo, once granted, necessarily entails the protection of the aggrieved party. Thus, since we grant petitioner the privilege of the writ of amparo, there is no need to issue a temporary protection order independently of the former. The order restricting respondents from going near Rodriguez is subsumed under the privilege of the writ.
