2.2. ESTRATEGIAS PARA EL CONTROL DE LA RESISTENCIA
2.2.3. A. Problemas en la realización de estudios clínicos de control antibiótico
A:
HABEAS CORPUS AMPARO HABEAS DATA KALIKASAN
Literal interpretation
You have the body To protect You have the data It is a Filipino word which means “nature” in English
Governing rule private individual or entity.
Remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting, or storing of data or information regarding the person, family, home and correspondence of the non-governmental organization, 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, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.
Involves the right to life, liberty, and security of the aggrieved party and covers extralegal killings
and enforced disappearances.
Involves the right to privacy in life, liberty, and security of the aggrieved party and covers
There is an actual or threatened violation of the aggrieved party’s
right.
There is an actual or threatened violation of one’s
right to a healthful and balanced ecology involving
RTC of the place where the threat, act or omission was committed
or any of its elements occurred; SB or any justice thereof; CA or any justice thereof; SC or any
justice thereof.
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; or with SC, CA or SB when the action concerns public data
files or government offices.
In SC or any stations of the CA.
Habeas Corpus Amparo Habeas Data Kalikasan
Who may file a petition
1. Party for whose relief collateral relative of the aggrieved party within the 4th civil
degree of
consanguinity or affinity
3. Any concerned citizen, organization,
1. Any aggrieved party;
2. However, in cases of extralegal killings and enforced disappearances:
a. Any member of the immediate family
b. Any ascendant,
descendant, or collateral relative of the aggrieved party within the 4th civil degree of consanguinity or affinity
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or a private individual orentity.
Public official or employee or a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the
person, family, home and
Enforceable anywhere in the Philippines regardless of who issued the same
Note: Rule on indigent petitioner applies.
Petitioner is exempted from
payment Service of writ
Served upon the person to whom it is directed, and if not found or has not the prisoner in his custody, to the other person having or exercising such custody
Person who makes the return Officer by whom the
prisoner is imprisoned or the person in whose custody the prisoner is
found
Respondent Respondent Respondent
When to file a return
On the day specified in the writ
Within 5 working days after service of the writ, the respondent shall file a
verified written return together with supporting
affidavits.
The respondent shall file a verified written return together with supporting affidavits within 5 working days from service of the
writ, which period may be reasonably extended by the Court
for justifiable reasons.
Within non- extendible period of 10 days after the
service of writ.
Habeas Corpus Amparo Habeas Data Kalikasan
Return
If issued by RTC: returnable before such court;
If issued by SB or CA or any of their justices:
returnable before such court or to any RTC of the place where the threat, act
or omission was committed or any of its
elements occurred;
If issued by SC or any of its justices: returnable before such court, or before SB,
If issued by RTC: returnable before such court;
If issued by SB or CA or any of their justices: returnable before such court or to any RTC of the place where the petitioner or respondent resides or that which has jurisdiction over the place
where the data or information is gathered,
collected or stored;
If issued by SC or any of its
If issued by SC, returnable before such court or CA.
CA, or to any RTC of the place where the threat, act
or omission was committed or any of its
elements occurred
justices: returnable before such court, or before SB, CA,
or to any RTC of the place where the petitioner or respondent resides or that which has jurisdiction over the place where the data or
information is gathered, collected or stored General denial
Not prohibited. Not allowed. Not allowed. Not allowed.
Liability of the person to whom the writ is directed if he refuses to make a return Forfeit to the aggrieved
party the sum of P1000, and may also be punished for contempt.
Imprisonment or fine for committing contempt.
Imprisonment or fine for
committing contempt. Indirect contempt.
Hearing
Date and time of hearing is specified in
the writ.
Summary hearing shall be conducted not later than 7 days from the date of
issuance of the writ.
Summary hearing shall be conducted not later than 10 working days from the date
of issuance of the writ.
The hearing including the preliminary conference shall not extend beyond sixty (60) days and shall be given the same priority as petitions for
the writs of habeas corpus, amparo and habeas data.
Period of appeal Within 48 hours from
notice of the judgment or final order appealed
from.
5 working days from the date of notice of the
adverse judgment.
5 working days from the date of notice of the judgment or
final order.
Within fifteen (15) days from the date of notice of the adverse judgment or denial
of motion for reconsideration.
Habeas Corpus Amparo Habeas Data Kalikasan
Prohibited pleadings
None
1. Motion to dismiss;
2. Motion for extension of time to file opposition, affidavit, position paper and other pleadings;
3. Dilatory motion for postponement;
4. Motion for a bill of particulars;
5. Counterclaim or cross - claim;
6. Third - party complaint;
7. Reply;
8. Motion to declare respondent in default;
9. Intervention;
10. Memorandum;
11. Motion for reconsideration of interlocutory orders or interim relief orders; and
12. Petition for certiorari, mandamus or prohibition against any interlocutory order.
1. Motion to dismiss;
2. Motion for extension of time to file return;
3. Motion for postponement;
4. Motion for a bill of particulars;
5. Counterclaim or cross-claim;
6. Third-party complaint;
7. Reply; and 8. Motion to declare
respondent in default.
Note: In writ of amparo, one rare instance where the SB, notwithstanding its status as a special court, is vested with jurisdiction co-equal with SC, CA and RTC. Take note that CTA, albeit acting as a special court being in the same rank of CA and SB, is not vested with jurisdiction to issue writ of amparo.