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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