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Specpro Bar Reviewer - Part V. Special Writs - Coggle Diagram
Specpro Bar Reviewer - Part V. Special Writs
G. Writ of Amparo AM No. 07-9-12
H. Writ of Habeas Data (A.M. No. 08-1-16-SC)
I. Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC)
1. Temporary Environmental Protection Order (TEPO) (Rule. 2)
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2. Writ of Continuing Mandamus (Rule 8)
3. Writ of Kalikasan (Rule 7)
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Nature of the Writ (Sec. 1) -
involves the right to a balanced and healthful ecology involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or province
Who May Avail of the Writ (Sec. 1)
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Natural or juridical person;
Entity authorized by law; or
People's organizations, NGOs or · any public interest group accredited by or registered with any government agency on behalf of persons whose constitutional right to a balanced and healthful ecology is violated. ·
Locus Standi in Environmental Cases (Oposa v. Factoran)
- Any Filipino citizen in representation of others, including minors or generations yet unborn, may file an action to enforce rights or obligations under environmental laws.
Where Filed
- Before the:
Supreme Court
Court of Appeals
Contents of the Petition (Sec. 2)
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Personal Circumstances - of the petitioner
Name and personal circumstances of the respondent responsible for the threat /act/omission or, description via an assumed appellation
Environmental law, rule or regulation violated or threatened to be violated, the act or omission complained of, and the environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces
All relevant and material evidence
Certification of petitioner under oath that:
Has not commenced any action involving same issues/nor are any pending
If there is a pending action, statement of its presents status
Report of a similar action if they learn of one
The relief prayed for - may include a prayer for the issuance of a TEPO
Payment of Docket Fees (sec. 5)
- The petitioner shall be exempt from the payment of docket fees.
Issuance of the Writ
- Within (3) days from filing, if sujfficient in form and substance. The court shall give an order:
Issuing the writ
requiring the respondent to file a verified return
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Scope of the Writ -
Governs the procedure in civil, criminal and special civil actions before the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts
involving enforcement or violations of environmental and other related laws, rules and regulations
When Issued
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When Either:
agency or instrumentality of the government or officer thereof unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station in connection with the enforcement or violation of an environmental law rule or regulation or a right therein
Unlawfully excludes another from the use or enjoyment of such right
there is no other plain, speedy and adequate remedy in the ordinary course of law,
Where Filed (Sec. 2)
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RTC - exercising jurisdiction over the territory where the actionable neglect or omission occurred
Court of Appeals
Supreme Court
Payment of Docket Fees (Sec. 3)
- The petitioner shall be exempt from the payment of docket fees.
Contents of Petition (Rule 8, Sec. 1)
- Verified petition
alleging the facts with certainty, attaching thereto supporting evidence, specifying that the petition concerns an environmental law, rule or regulation
praying that judgment be rendered commanding the respondent to do an act or series of acts until the judgment is fully satisfied, and to pay damages sustained by the petitioner by reason of the malicious neglect to perform the duties of the respondent, under the law, rules or regulations
Order to Comment (Sec. 4)
- If sufficient in form and substance the court shall issue the writ and require the respondent to comment on the petition within ten (10) days from receipt of a copy.
Order shall be served to the respondents, with a copy of the petition and annexes thereto.
Court Authority to Expedite Proceedings (Sec. 5)
- The court in which the petition is filed may issue such orders to expedite the proceedings, and it may also grant a TEPO for the preservation of the rights of the parties pending such proceedings.
Proceedings Post Comment (Sec. 6)
- After filing fo comment or, period for filing expires, court may:
Hear the Case - Sumamry hearing.
Require the parties to submit memoranda
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Definition (Rule 1.4)
- Continuing mandamus is a writ issued by a court in an environmental case directing any agency or instrumentality of the government or officer thereof to perform an act or series of acts decreed by final judgment which shall remain effective until judgment is fully satisfied
When Issued (Sec. 8) -
If it appears from the verified complaint with a prayer for the issuance of an Environmental Protection Order (EPO) that the matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury.
Form of Issue
- May be issued ex parte, effective for only (72) hours from date of the receipt of the TEPO.
Requirement of Summary Hearing -
Within the 72 Hour period, court shall conduct a summary hearing to determine if the TEPO should be extended until termination of hte case.
Motion for Dissolution (Sec. 9)
- The TEPO may be dissolved if it appears after hearing that its issuance or continuance would cause irreparable damage to the party or person enjoined while the applicant may be fully compensated for such damages as he may suffer and subject to the posting of a sufficient bond by the party or person enjoined.
Evidentiary Requirement - grounds for motion to dissolve shall be supported by affidavits, which may be opposed by the applicant thorugh their own affidavits.
Report on TEPO/EPO/TRO/Preliminary Injunction (Sec. 11) -
Judge handling the case shall report on the TEPO, EPO, TRO or prelim. injunction, including any modifications or dissolutions to the SC, via the OCA within (10) days from action.
Prohibition against TRO/Preliminary Injunction (Sec. 10) -
GR - No court can issue a TRO/WPI against lawful actions of government agencies that enforce environmental laws or prevent violations thereof.
XCPN - The Supreme Court may issue.
Scope/Availability (Sec. 1)
- Available to any person whose right to privacy in life, liberty, or security is violated or threatened by an unlawful act or omission of
Public official or employee
Private individual or entity engaged in
the gathering, collecting, or storing of data or information regarding the person, family, home and correspondence of the aggrieved party
By Whom Filed (Sec. 2)
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An Aggrieved Party
In cases of extralegal killings/enforced disappearances then the following in an order of preference
(a) Any member of the immediate family of the aggrieved party, namely: the spouse, children and parents;
(b) Any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil degree of consanguinity or affinity,
Contents of the Petition (Sec. 6)
Personal Circumstances - of the petitioner and the respondent
Manner of violation of the right to privacy and how it affects the right to life, liberty or security
Actions and recourses taken by the petitioner to secure the data or information
Location of the files, registers or databases, the government office, and the person in charge, in possession or i n control of the data or information, if known;
reliefs prayed for, which may include the updating, rectification, suppression or destruction of the database or information or files kept by the respondent.
May include a prayer for enjoining the act complained of, in case of threats.
Issuance of the Writ (Sec. 7)
- Issued upon filing if, on its face issuance is proper.
The clerk of court shall issue the writ under the seal of the court and cause it to be served within three (3) days from its issuance; or, in case of urgent necessity, the justice or judge may issue the writ under his or her own hand, and may deputize any officer or person to serve it.
The writ shall also set the date and time for
summary hearing of the petition which shall
not be later than ten (10) work days from the
date of its issuance
Contents of the Return (Sec. 10)
- Return must be filed, verified within (5) days from service, unless extended by the Court.
Lawful Defenses
In case the respondent in charge is in possession or, in control of the data or information subject of the petition:
Disclosure of the data/purpose of collection
Steps taken to secure security/ confidentiality
Currency/Accuracy of data currently held
Other relevant allegations.
Relation to Separate Actions
- Same rules as Amparo.
Effect of Failure to File a Return (Sec. 14)
- Court hears the motino ex parte, parte, granting the petitioner such relief as the petition may warrant unless the court in its discretion requires the petitioner to submit evidence
Summary Hearings (Sec. 15) -
GR
- Summary hearings on the petition
XCPN
- the court, justice or judge may call for a
preliminary conference to simplify the issues and determine the possibility of obtaining stipulations and admissions from the parties
A general denial of the allegations i n the
petition shall not be allowed
Quantum of Proof (Sec. 16) -
Substantial evidence.
Where Filed (Sec. 3)
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RTC where the petitioner or respondent resides, or that which has jurisdiction over the place where the data or information is gathered, collected or stored, at the option of the petitioner.
Supreme Court or the Court of Appeals or the Sandiganbayan when the action concerns public data files of government office
Where Enforceable (Sec. 4)
- The writ of habeas data shall be enforceable anywhere in the Philippines.
Purpose of the Writ
- seeks to protect a person’s right to informational privacy, particularly in instances where such information is being collected through unlawful means in order to achieve unlawful ends
Relation to Writ of Amparo
- Habeas data extends outside cases of extralegal killings and enforced disappearances
Requisites of Grant
- Must show the following:
Right to Informational Privacy
Nexus between such right and the right to
life, liberty, or security
Nature of Right to Informational Privacy (Gamboa c. Chan)
- The right to informational privacy, as a specific component of the right to privacy, may yield to an overriding legitimate state interest.
Remedies that May be Granted
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Grant access to the database or information
Enjoin act complained of
In case the database or information contains
erroneous data or information, order its deletion,
destruction, or rectification
Scope/Coverage (Sec. 1)
a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. It covers both:
Extralegal Killings
- Killings committed without due process of law.
Enforced Disappearances
- arrest, detention or abduction of a person by the government or, groups/individuals acting with the acquiescence of the government + Refusal of State to disclose the fate or whereabouts or, refusal to acknowledge the deprivation of liberty
Distinguished from Search Warrants
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Purpose
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SW - Search warrants are not a mode of discovery.
Amparo - An amparo order can encompass production of documents or things, similar to Rule 27 (Sec. v. Manalo)
Offenses Covered
SW - Covers only one offense
Amparo - may or may not cover multiple offenses
By Whom Enforced
SW - Police Only
Amparo - Covers military personnel/private groups
Date/Time of Execution
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SW - 10 days, day time generally
Amparo - 5 days, anytime, anywhere
Actual Seizure
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SW - There is actual seizure
Amparo - No seizure, just production
Who May File (Sec. 2)
- The aggrieved party, or any qualified persons
in the following order
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Members of the Immediate Family
Ascendants/descendants/collateral relatives within the (4th) civil degree
Any concerned citizen/association/institution if no known member of family.
Where/When Filed
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any day and at any time
with the Regional Trial Court of the place where the
threat, act or omission was committed or any
of i ts elements occurred,
or with the Sandiganbayan, the Court of Appeals, the
Supreme Court, or any justice of such courts
Contents of the Petition (Sec. 4)
Personal Circumstances - of the petitioner
Name and personal circumstances of the respondent responsible for the threat /act/omission or, description via an assumed appellation
Right to life/liberty/security of the aggrieved party and how the threat/violation is committed with the attendant circumstances in supporting affidavits
Investigation Conducted, if any
Actions and recourses taken by the petition to determine the fate/whereabouts of the aggrieved party
The relief prayed for - may include a general prayer for other just and equitable reliefs
Contents of the Return (Sec. 9)
- Within (5) days from service, the respondent must file a verified return + supporting affidavits, containing the following
Lawful Defenses
Steps/Actions taken to determine the fate/whereabouts of the aggrieved party
All relevant information in their possession pertaining to the threat/act or omission
If the respondent is a public official or employee, must further state actions that will or have been taken to: verify the identity of the aggrievied party, recover evidence relating to the disappearance, identify witnesses, etc.,
Effect of Failure to FIle a Return (Sec. 12/16)
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Judge shall proceed to hear the petition ex parte.
The respondent who refuses to make a return, or who makes a false return, or any person who otherwise disobeys or resists a l awful process or order of the court to be punished for contempt.
Procedures for Hearing (Sec. 13)
- Summary hearing
Subject to discretion of judge to call for a preliminary conference for simplification of issues and determine the possibility of obtaining stipulations/admissions.
Interim Reliefs
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Temporary Protection Order
- For petitioner or member of immediate family to persons they elect or, accredited institutions by the SC.
Inspection Order
- valid for 5 days
Must be necessary to establish the right
of the aggrieved party
Production Order
- may be opposed on the grounds of national security or the privileged nature of
information.
Witness Protection Order
- may be opposed on the grounds of national security or the privileged nature of information.
Availability to Respondents (Sec. 15)
- Only the following are allowed for the respondents:
Inspection order
Production Order
Relation With Separate Actions (Sec. 21-23)
Institution of Separate Actions
- This Rule shall not preclude the filing of separate criminal, civil or administrative actions.
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Relief Granted (Sec. 18)
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Judgment within 10 days from the time the petition is submitted for decision
It shall grant the privilege of the writ and such reliefs as may be proper and appropriate if allegations are proven by SUBSTANTIAL evidence.
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Place Inspected (Balao v. Arroyo)
- The place to be inspected must be reasonably determinable from the allegations of the party seeking the order. It cannot be based on bare allegations and will not sanction any fishing expedition.
Omnibus Waiver (Sec. 10)
- — A ll defenses shall be raised i n the return, otherwise, they shall be deemed waived.
Quantum of Proof (Sec. 17)
- Different quantum depending on the character of the respondent.
Private Person
- must prove that ordinary diligence observed i n the performance of duty.
Public Official/Employee
- must prove that extra ordinary diligence observed i n the performance of duty.
cannot invoke the presumption that official duty has been regularly performed to evade responsibility or liability
Issuance of the Writ;Privilege of the Writ (Sec. 6;De Lima v. Gatdula)
- The privilege of the writ i ncludes the availment of the entire procedure outlined in the rules.
This is different from the actual order called the Writ of Amparo which i s only an interlocutory order and not the judgment contemplated under the Rule.
Nature of the Right to Security
- Covers (3) areas:
Freedom from Fear
Guarantee of bodily and psychological integrity or security
Guarantee of protection of one’s rights by the government
Conducting effective investigations, organizing government apparatus to extend protection to victims and families, and bringing offenders to bars of justice
Nature of the Writ (Sec. of Defense v. Manalo)
- Summary proceeding, intended for rapid judicial relief.
Does not determine criminal guilt or liability for damages.
Instead, intended for:
Preventive Relief - breaks expectation of
impunity in commission of offenses
Curative - facilitates subsequent punishment of perpetrators by inevitably leading to subsequent investigation and action
Command Responsibility (Mamba v. Bueno)
- Applies in writ of amparo proceedings with respect to the determination of Responsibility (actual participation) and accountability (those imputed with knowledge relating to the disappearance/killing)