WRIT MATRIX (COMPARISON OF THE WRITS)

WHC – Writ of Habeas Corpus  WA – Writ of Amparo SB – Sandiganbayan  RTC – Regional Trial
Court
CoC – Clerk of Court WD – Writ of Habeas Data RWA - Rules on the Writ of Amparo
RWD – Rules on Habeas Data SC – Supreme Court CA - Court of Appeals

Habeas Corpus Amparo Habeas Data

Nature, Scope Function
All cases of illegal confinement Involves right to life, liberty and security violated or Involves the right to privacy in life,
and detention which any person threatened with violation by an unlawful act or liberty or security violated or
is deprived of his liberty or omission of a public official or employee or a threatened by an unlawful act or
rightful custody of any person is private individual or entity. omission of a public official or
withheld from the person entitled employee, or of a private individual
[Sec. 1] or entity engaged in the gathering,
It covers extralegal killings and enforced
collecting or storing of data or
disappearances or threats thereof. [Sec. 1]
information regarding the person,
Actual violation before writ
family, home and correspondence of
issues. 
the aggrieved party. [Sec. 1]
Note Villavicencio v. Lukban on
applicability of the writ in case of
constructive restraint.
Limitations
May be suspended in cases of Shall not diminish, increase or modify substantive Shall not diminish, increase or modify
invasion or rebellion when public rights [Sec. 23] substantive rights [Sec. 23]
safety requires it [Art. III Sec.
15, 1987 Const.]
Who May File?
By a petition signed and verified Petition filed by the aggrieved party or by any Any aggrieved party may file a
by the party for whose relief it is qualified person or entity in the following order: petition for the WHD
intended, or by some person on (1) Any member of the immediate family However, in cases of extralegal
his behalf [Sec. 3] (2) Any ascendant, descendant or collateral relative killings and enforced disappearances,
of the aggrieved within the 4th civil degree of the petition may be filed by (also
consanguinity or affinity successive):
(3) Any concerned citizen, organization, association (1) Any member of the immediate
or institution family of the aggrieved
(2) Any ascendant, descendant or
collateral relative of the aggrieved
Filing by the aggrieved suspends the right of all
party within the fourth civil degree of
others [Sec. 2]
consanguinity or affinity [Sec. 2]
Where Filed
Granted by: Filed on any day and at any time: Petition may be filed with RTC where
(1) SC or any member thereof, (1) SB, CA, SC, or any justice of such courts the petitioner or respondent resides
on any day and at any time (2) RTC of place where the threat, act, or  or that which has jurisdiction over
(2) CA or any member thereof in omission was committed or any element occurred the place where the data or
instances authorized by law [Sec. 4] information is gathered, collected or
(3) RTC or a judge thereof, on stored, at
any day and at any time, the option of petitioner
enforceable only within his
judicial district [Sec. 2]
If public data files of government
(4) MTC OR FIRST LEVEL
offices, petition shall be filed with the
COURTS in the absence of RTC
SC, CA, or SB [Sec. 3]
judges in a judicial region [Sec.
35 BP 129]
Where enforceable
If SC or CA issued, anywhere in Writ shall be enforceable anywhere in the Writ shall be enforceable anywhere in
the Philippines Philippines [Sec. 4] the Philippines [Sec. 3]
If granted by the RTC or judge
thereof, it is enforceable in any
part of the judicial region [Sec
21, BP 129 which modified the
term judicial
district in Sec 2, Rule 102 into
judicial region] where the judge
sits
Where returnable
If the one that granted the writ: If the one that granted the writ: If issued by:
(1) Is the SC or CA, or a member (1) Is the SC or any of its justices, returnable (1) The SC or any of its justices,
thereof, returnable before such before such court or any justice thereof, or before before such Court or any justice
court or any member thereof or the SB or CA or any of their justices, or thereof, or CA or SB or any of its
an RTC to any RTC of the place where the threat, act or justices, or the RTC of the place
(2) An RTC, or a judge thereof, omission was committed or any of its elements where the petitioner or respondent
returnable before himself [Sec. 2] occurred resides/has jurisdiction over the place
(2) The SB or CA or any of their justices, where the data or information is
returnable before such court or any justice thereof, gathered, stored or collected
or to any RTC of the place where the (2) The CA or SB or any of its
threat, act, or omission was committed or any of justices, before such court or any
its elements occurred justice thereof, or the RTC (same
(3) The RTC or any judge thereof, returnable with scenario: SC issued and then
before such court or judge [Sec. 3] returned in RTC)
(3) RTC, returnable before such court
or judge [Sec. 4]
Docket Fees
Upon the final disposition of such Petitioner shall be exempted from the payment of None for indigent petitioner 
proceedings the court or judge the docket and other lawful fees Petition shall be docketed and acted
shall make such order as to costs Court, justice or judge shall docket the petition and upon immediately, without prejudice
as the case requires [Sec. 19] act upon it immediately [Sec 4] to subsequent submission of proof of
indigency not later than 15 days from
filing [Sec. 5]
Essential allegations/ Contents of petition
Signed and verified either by the Signed and verified and shall allege: Verified and written petition shall
party for whose relief it is (1) The personal circumstances of the petitioner contain:
intended or by some person on (2) Name or appellation and circumstances of the (1) Personal circumstances of
his behalf, setting forth: respondent petitioner and respondent
(1) The person in whose behalf (3) The right to life, liberty, and security violated or (2) Manner the right to privacy is
whose the application is made is threatened with violation, violated or threatened and its effects
imprisoned or restrained of his (4) The investigation conducted, if any, plus (3) Actions and recourses taken by
liberty circumstances of each  the petitioner to secure the data or
(2) Name of the person detaining (5) The actions and recourses taken by the information
another or assumed appellation petitioner (4) The location of the files,
(3) Place where he is imprisoned (6) Relief prayed for may include a general prayer registers, or databases, the
or restrained of his liberty for other just and equitable reliefs [Sec. 5] government office, and the person in
(4) Cause of detention [Sec. 3] charge or control
(5) The reliefs prayed for 
Such other relevant reliefs as are just
and
equitable [Sec. 6]
When proper
Court or judge must, when a Upon the filing of the petition, the court, justice, or Upon filing of the petition, the court,
petition is presented and it judge shall immediately order the issuance of the justice, or judge shall immediately
appears that it ought to issue, writ if on its face it ought to issue CoC shall issue order the issuance of the writ if on its
grant the same and then: the writ under the seal of the court or face it ought to issue.
the clerk of court (CoC) shall In case of urgent necessity, the justice or the CoC shall issue the writ under the
issue the writ under the seal of judge may issue the writ under his or her own seal of the court and cause it to be
the court or in case of hand, and may deputize any officer or person to served within 3 days from issuance
emergency, the judge may issue serve it. [Sec. 6] or 
the writ under his own hand, and In case of urgent necessity, the
may depute any officer or person justice or judge may issue the writ
to serve it under his or her own hand, and may
deputize any officer or person to
serve it [Sec. 7]
Also proper to be issued when
the court or judge has examined
into the cause of restraint of the
prisoner, and is satisfied that he
is unlawfully imprisoned (Sec. 5]
How and who serves
Writ may be served in any The writ shall be served upon the respondent by a The writ shall be served upon the
province by the (a) sheriff, (b) judicial officer or by a person deputized by the respondent by a judicial officer or by
other proper officer, or (c) court, justice or judge who shall retain a copy on a person deputized by the court,
person deputed by the court or which to make a return of service justice or judge who shall retain a
judge copy on which to make a return of
service
In case the writ cannot be served personally on the
Service is made by leaving the respondent, the rules on substituted service shall
original with the person to whom apply [Sec. 8]
In case the writ cannot be served
it is directed and preserving a
personally on the respondent, the
copy on which to make return of
rules on substituted service shall
service
apply [Sec. 9]
If that person cannot be found,
or has not the prisoner in his
custody, service shall be made on
any other person having or
exercising such
custody [Sec. 7]
Respondent
May or may not be an officer Respondent is a public official or employee or A public official or employee or a
[Sec. 6] private individual or entity [Sec. 1] private individual or entity engaged
in gathering, collecting or storing
data [Sec. 1]
How executed and returned
The officer to whom the writ is Respondent files the return [Sec. 9] Respondent files the return [Sec. 10]
directed shall convey the person
so imprisoned or restrained
before:
(a) the judge allowing the writ,
or
(b) -in his absence or disability,
before some other judge of the
same court on the day specified
in the writ, unless person
directed to
be produced is sick or infirm, and
cannot, without danger, be
brought therein
(c) officer shall then make due
return of the writ, with the day
and cause of the caption and
restraint according to the
command thereof [Sec. 8]
When to file return
On the day specified on the writ Within 5 working days after service of the writ Same with WA [Sec. 10]
[Sec. 8] [Sec. 9]
Contents of return
When the person to be produced Within 5 working days after service of the writ, the (1) Lawful defenses such as national
is imprisoned or restrained by an respondent shall file a verified written return security, state secrets, privileged
officer, the person who makes together with supporting affidavits which shall, communications, confidentiality of
the return shall state, and in contain: the source of information of
other cases (1) Lawful defenses media etc.
the person in whose custody the (2) The steps or actions taken to determine the (2) In case of respondent in charge,
prisoner is found shall state in fate or whereabouts of the aggrieved party in possession or in control of the data
writing to the court or judge (3) All relevant information in the possession of the or information subject of the petition:
before whom the writ is respondent pertaining to the threat, act or (a) A disclosure of the data or
returnable: omission against the aggrieved party information about the petitioner, the
(1) Truth of custody/power over (4) If the respondent is a public official or nature of such data or information,
the aggrieved party employee, the return shall further state acts: and the purpose for its collection
(2) If he has custody or power, (a) To verify identity of aggrieved party (b) The steps or actions taken by the
or under restraint, the authority (b) To recover and preserve evidence respondent to ensure the security
and the cause thereof, with a (c) To identify and collect witness statements and confidentiality of the data or
copy of the writ, order, execution (d) To determine cause, manner, location, and information
or other process, if any upon time of death or disappearance (c) The currency and accuracy of the
which the party is held (e) To identify and apprehend persons involved data or information held 
(3) If the party is in his custody (f) Bring suspected offenders before a competent
or power, and is not produced, court [Sec.9]
Other allegations relevant to the
particularly the nature and
resolution of the proceeding [Sec.10]
gravity
of the sickness or infirmity
(4) If he has had the party in his
custody or power, and has
transferred such custody or
restraint to another, particularly
to whom, at what time, for what
cause, and by what authority
such transfer was made. [Sec.
10]
Is period of return extendable?
No, not even on highly meritorious grounds. Yes, by the court, for justifiable
reasons [Sec. 10]
Is general denial allowed?
Not allowed [Sec. 9] Not allowed [Sec. 10]
Defenses not pleaded
If not raised in return deemed waived [Sec 10]
Effect of failure to file return
Court or justice shall proceed to hear the petition Court, judge, or justice shall hear the
ex parte [Sec. 12] motion ex parte, granting the
petitioner such reliefs as the petition
may warrant

Unless the court in its discretion

requires the petitioner to submit
evidence [Sec. 14]
Nature of hearing
Summary. However, the court, justice, or judge Summary. With possibility of
may call for a preliminary conference to simplify preliminary conference similar to the
the issues and look at possibility of obtaining WA [Sec. 14]
stipulations and admissions from the parties.
Hearing on chambers may be
Hearing shall be from day to day until completed conducted where respondent invokes
same priority as petitions for WHC [Sec. 13] the defense of national security or
state secrets, or the data is of
privileged character [Sec. 12]
Date and time of hearing
As specified in the writ [Sec. 8] As specified in the writ, not later than 7 days from As specified in the writ, not later than
the issuance of the writ [Sec. 6] 10 working days from the date of
issuance writ [Sec. 7]
Prohibited pleadings
In custody of minors: a motion to Motion to dismiss, Motion for extension of time to Same as WA [RWD Sec. 13]
dismiss, except on the ground of file opposition, affidavit, position paper and other
lack of jurisdiction [Sec. 6, Rule pleadings, Dilatory motion for postponement,
on Custody of Minors and WHC] Motion for bill of particulars, Counterclaims or
crossclaims, Third-party complaint, Reply, Motion
to declare respondent in default, Intervention,
Memorandum, Motion for reconsideration of
interlocutory orders or interim relief orders, petition
for certiorari,
mandamus, or prohibition [Sec.11]
Burden of Proof/Standard of diligence
Clear and convincing evidence Establish claims by substantial evidence Substantial evidence required to
[Dizon v. Eduardo (1988)] (a) if respondent is a private individual or entity, prove the allegations in the petition
Note: no provision in Rule but in ordinary diligence [Sec. 16]
Dizon v. Eduardo, the SC used (b) if public official or employee, extraordinary
“clear and convincing evidence”, diligence [Sec. 17]
a stricter standard than
“preponderance of evidence” but
less stricter that “proof beyond
reasonable doubt.”
Presumption of Official Duty
Yes. Consonant with Sec. 13, Public official or employee cannot invoke the
stating that if warrant of presumption that official duty has been regularly
commitment is in pursuance with performed [Sec. 17]
law, serves as prima facie cause
of restraint
Judgment
 The court shall render judgment within 10 days Within 10 days from the time the
from the time the petition is submitted for decision petition is submitted for decision
[Sec. 18] [Sec. 16]
Appeal
Within 48 hours from notice of 5 working days from the date of notice of adverse 5 working days from the date of
the judgment of final order judgment to the SC under Rule 45 [Sec. 19] notice of adverse judgment to the SC
appealed [Sec. 39, BP 129] under Rule 45 [Sec. 19]
Consolidation of actions
Consolidated with a criminal action filed Consolidated with a criminal action
subsequent to the petition [Sec. 23] filed subsequent to the petition [Sec.
21]
Effect of filing criminal action
No more separate petition shall be filed. Reliefs Same as WA [Sec. 21]
available by motion in the criminal case [Sec.22]

RULE 103 RULE 108 RA 9048

Applicability
Substantial Changes Substantial changes in entries in the Change of First Names or Nicknames
civil registry (other than name) Change brought about by clerical or
typographical errors
Nature
Judicial Judicial Administrative
Who May File?
1.The person desiring to change his Natural person having direct and A natural person having direct and personal
name personal interest in the correction of interest in the change of first name or
2.Some other person on his behalf error in an entry in the civil register nickname in the civil register.
Where Filed?
RTC of the province where the civil The local civil registry office of the city or
registry is located municipality where the record being sought to
be corrected/changed is kept.
EXCEPTIONS:
If the petitioner has already migrated to
another place in the country, the petition shall
be filed with local civil registrar of the place
where the
interested party is presently residing or
domiciled
If the petitioner is a Filipino citizen presently
residing or domiciled in a foreign country, the
petition shall be filed in the nearest Philippine
Consulate.

Rationale: It would not be practical for him, in

terms of transportation expenses, time and
effort, to appear in person before the local civil
registrar (LCR) keeping the documents to be
corrected or changed
Standing of the LCR
Not a party to the proceeding Made a party to the proceeding as a
respondent
Notice Requirement
No mention of notice to be sent The court shall cause reasonable
notice to be given to persons named in
the petition
Contents of the Petition
Title: In Re: Petition for Change of (1) Facts necessary to establish the merits of
Name of X, also known as Y and Z, the petition. 
to ABC. X, Petitioner. (2) A showing that the petitioner is competent
Names or Aliases of the Applicant to testify to the matters stated.
(must appear in the caption of the (3) Particular erroneous entry or entries which
petition) are sought to be corrected and/or the change
sought to be made.
Omission is fatal to the petition
To allow a reader of the published
petition to notice the said aliases 

Petitioner has been a bona fide

resident of the province where the
petition is filed for at least 3 years
prior to the date of such filing.
Cause for which the change of the
petitioner's name is sought 

Petitioner must show a proper or

compelling reason for the change of
name + the fact that he will be
prejudiced by the use of his official
name.
Form of Petition
The petition shall be signed and Verified petition (1) In the form of an affidavit
verified. (2) Verified
(3) Subscribed and sworn to before any person
authorized by law to administer oaths
Procedure for Changing of Name
(1) Filing of petition for change of (1) Filing of petition (1) Filing of petition and its supporting papers
name. (2) Court shall promulgate an order in 3 copies to be distributed to:
(2) Court shall promulgate an order fixing the time and place for hearing (a) The concerned city or municipal civil
fixing a date and place for hearing the petition and cause reasonable registrar or the consul general
the petition. The date set for the notice to be given to the persons (b) The Office of the Civil Registrar General
hearing shall NOT be: named in the petition. (c) The petitioner
Within 30 days prior to an election (2) The City or Municipal Registrar or the
AND Consul General shall post the petition in a
Civil registrar and all persons who have
Within 4 months after the last conspicuous place for ten 10 consecutive days
or claim any interest which would be
publication of the notice. after he
affected thereby shall be made parties
(3) Court shall direct a copy of the finds the petition and its supporting documents
to the proceeding
order to be published before the sufficient in form and substance.
(3) Court shall direct a copy of the
hearing (3) The petition shall be published at least
order to be published before the
At least once a week for 3 once a week for 2 consecutive weeks in a
hearing
successive weeks newspaper
At least once a week for 3 successive
In some newspaper of general of general circulation.
weeks
circulation published in the (4) The City or Municipal Registrar or the
In some newspaper of general
province. Consul General shall render a decision not later
circulation published in the province.
(4) Hearing shall be conducted. than 5 working days after the completion of
(4) File opposition
The SolGen or the proper provincial the posting and/ or publication requirement.
Within 15 days from notice of the
or city fiscal shall appear on behalf He shall transmit a copy of his decision
petition or from the last date of
of the Government of the Republic. together with
publication
(5) Judgment granting or denying the records of the proceedings to the Office of
(5) Hearing shall be conducted.
the change of name. the Civil Registrar General within 5 working
Court may expedite the proceedings
(6) Copy of judgments shall be days from the date of the decision.
and also grant preliminary injunction
furnished the civil registrar of the
for preservation of
municipality or city where the court
rights of the parties Where the petition is denied by the city or
issuing the same is situated, who
(6) Judgment granting or denying the municipal civil registrar or the consul general,
shall forthwith enter the same in
change of name. the petitioner may either appeal the decision to
the civil register.
(7) Copy of judgments shall be the civil registrar general or file the appropriate
furnished the civil registrar concerned petition with the proper court.
who shall annotate the
same in the records
(5) The Civil Registrar General shall, within 10
working days from receipt of the decision 
granting a petition, exercise the power to
impugn such decision by way of an objection.

Grounds for objection

(a) The error is not clerical or typographical
(b) The correction of an entry or entries in the
civil register is substantial or controversial as it
affects the civil status of a person
(c) The basis used in changing the first name
 or nickname of a person does not fall under
one of
the valid grounds.

If the civil registrar general fails to exercise his

power to impugn the decision of the city or
municipal registrar or of the consul general
within the period, such decision shall become
final and executory.
(6) The civil registrar general shall immediately
notify the city or municipal civil registrar or the
consul general of the action taken on the
decision.
(7) Upon receipt of the notice thereof,  the city
or municipal civil registrar or the consul
general shall notify the petitioner of such
action.
(8) Appeal. The petitioner may seek
reconsideration with the civil registrar general
or file the appropriate petition with the proper
court.
Opposition
Any interested person Civil registrar and any person having or N/A
claiming interest under the entry NOTE: The Civil Registrar General is given the
whose cancellation or correction is power to object to the decision of the Local
sought Civil Registrar
Grounds for Change of Name
Republic v. Hernandez: Valid Entries subject to cancellation or Sec. 4: Grounds for Change of First Name or
Grounds for Change of Name correction: Nickname
(1) The name is ridiculous, tainted (1)Birth (1) The first name or nickname is ridiculous,
with dishonor or extremely difficult (2)Marriage tainted with dishonor or extremely difficult to
to write or pronounce. (3)Death write or pronounce.
(2) Change results as a legal (4)Legal separation (2) The new first name or nickname has been
consequence of legitimation (5)Judgment of annulment habitually and continuously used by the
(3) The change will avoid (6)Judgment declaring marriage null petitioner and he has been publicly known by
confusion. and void the first name or nickname in the community.
(4) A sincere desire to adopt a (7)Legitimation (3) The change will avoid confusion.
Filipino name to erase signs of (8)Adoption
former alienage (Ang Chay vs. (9)Acknowledgment of natural children
Republic, 1970) (10)Naturalization
(5) Having continuously used and (11)Election, loss or recovery of
been known since childhood by a citizenship
Filipino name, having been (12)Civil interdiction
unaware of alien parentage (Uy vs. (13)Judicial determination of filiation
Republic, 1965) (14)Voluntary emancipation of minor
(15)Changes of name