comparative table_habeas corpus v writ of amparo v habeas data

8/3/2019 Comparative Table_Habeas Corpus v Writ of Amparo v Habeas Data

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4 | C o m p a r a t i v e T a b l e _ H a b e a s C o r p u s v s . W r i t o f A m p a r o v s . H a b e a s D a t a ( f r o m U P L A W B A R O P S )

priority as petitions for WHC

Date and time

of hearing

As specified in the writ Not later than 7 days from the issuance of the writ Not later than 10 working days from the date of issuance

writ

Prohibited

pleadings

Motion to dismiss

Motion for extension of time to file opposition

Affidavit

position paper and other pleadingsDilatory motion for postponement

Motion for bill of particulars

Counterclaims or cross-claims

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 (RWA

Sec.11)

Same as writ of amparo (RWD Sec. 13)

Burden of

Proof

Preponderance of evidence Establish claims by substantial evidence

if respondent is a private individual or entity, ordinary

diligence

if public official or employee, extraordinary diligence

Substantial evidence required to prove the allegations in the

petition (RWD Sec. 16)

Presumption

of Official

duty

Yes. Consonant wit 102.13, stating that if warrant of

commitment is in pursuance with law, serves as prima facie

cause of restraint

Public official or employee cannot invoke the presumption

that official duty has been regularly performed (RWA Sec. 17)

Judgment The court shall render judgment within 10 days from the

time the petition is submitted for decision (RWA Sec. 18)

Within 10 days from the time the petition is submitted for

decision (RWD Sec. 16)Appeals Within 48 hours from notice of the judgment of final order

appealed

5 working days from the date of notice of adverse judgment;

Rule 45 filed with the SC

5 working days from the date of notice of adverse judgment;

Rule 45 filed with the SC

Consolidation

of actions

May be consolidated with a criminal action filed subsequent

to the petition (RWA Sec. 23)

May be consolidated with a criminal action filed subsequent

to the petition (RWD Sec. 21)

Effect of filing

criminal

action

No more separate petition shall be filed. Reliefs available by

motion in the criminal case (RWA Sec. 22)

Same as WA

comparative table_habeas corpus v writ of amparo v habeas data

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