Cdi Flashcards
LATIN meaning of habeas corpus
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What is writ of habeas corpus?
used to bring a prisoner or other detainee before the court to determine if the person’s imprisonment or detention is lawful
What is writ of amparo?
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.
Elements of writ of amparo
The right to life, liberty, and security is violated or threatened
by an unlawful act or omission of a public official or employee, or of a private individual or entity
The writ shall cover extralegal killings and enforced disappearances or threats thereof
What is extralegal killings?
killings committed without due process of law or judicial proceedings
What is enforced disappearance?
refusal of the State to disclose the whereabouts of the person concerned
Elements of enforced disappearance
Any form of deprivation of liberty
Carried out with authorization of the state
State refused to give information about the whereabouts of the subject
Intention for such refusal is to remove subject person from the protection of the law
who may file for the petition of habeas corpus?
any person may apply for the writ on behalf of the aggrieved party
What is writ of kalikasan?
Legal renedythat provides protection of one’s constitutional right to a healthy environment
Who can file petition for writ of kalikasan?
Natural or juridical person
Person authorized by law
Non governmental organization (ngo)
Any public interest group ACCREDITED or REGISTERED with any gov agency
Elements of writ of kalikasan
there is an actual or threatened violation of the constitutional right to a balanced and healthful ecology
the actual or threatened violation arises from an unlawful act or omission of a public official or employee, or private individual or entity
the actual or threatened violation involves or will lead to an environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces
Who may file for writ of amparo?
AGGRIEVED PARTY OR
Immediate family
Ascendant or descendant within fourth degree of consanguinity
Any concerned citizen if there is NO known family
What is habeas data?
RIGHT TO PRIVACY
(even if there may be a violation of a person’s right to privacy, the violation (or threat of violation) has to be connected with the right to life, liberty, or security.)
WRIT
Orders a person to do a specific action
Where to file writ of amparo
RTC, SC, CA, SANDIGANBAYAN
