WRIT OF AMPARO: Writ Amparo The writ of Amparo is a remedy available to any person whose right to life, liberty,

y, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The word "Amparo" is a Spanish term which means "protection". On October 24, 2007, the Rule on the Writ of Amparo took effect in the Philippines.

It was adopted by the Philippine Supreme Court pursuant to its power under the 1987 Constitution to promulgate rules concerning the protection and enforcement of constitutional rights. The new rule covers the right to life, liberty and security in cases of extralegal killings, enforced disappearances or threats thereof. The remedy prescribed is unique and extraordinary and is given the same priority as habeas corpus.

Essentially, it provides the interim reliefs of Temporary Protection Order, Inspection Order, Production Order and Witness Protection Order, any or all of which may be made permanent in the judgment rendered after a summary hearing.

First and Landmark Case of Writ of Amparo The first decision of the Philippine Supreme Court involving this new remedy is Secretary of National Defense, et al. v. Raymund Manalo and Reynaldo Manalo,4 penned by Chief Justice Reynato S. Puno. The case was an appeal from the decision of the Court of Appeals which granted respondent brothers the privilege of the writ of Amparo and ordered petitioners Secretary of National Defense and Armed Forces of the Philippines Chief of Staff to furnish respondents all official and unofficial reports of the investigation undertaken in connection with their case; to confirm in writing

the present places of official assignment of two military personnel found involved in the matter investigated and to produce to the Court all medical reports, records, charts and reports of any treatment given or recommended and medicines prescribed to said respondents and the list of the attending medical personnel. Respondents Manalo brothers were abducted from their houses by armed men on February 14, 2006 and held in detention until they escaped on August 13, 2007. The Court sustained the findings on the adduction, detention, torture and escape of the respondents. In disposing of the appeal, the Supreme Court examined the right to life, liberty and security as recognized in the Philippine Constitution5 as well as the Universal Declaration of Human Rights, the U.N. Declaration on the Protection of All Persons from Enforced Disappearance, and The International Covenant on Civil and Political Rights. It held that the right to security of person is a guarantee of bodily and psychological integrity and security and that the right of security of person exists independently of the right to liberty. The Supreme Court also cited the European Court of Human Rights on its interpretation of the right to security as not only prohibiting the State from arbitrarily depriving liberty, but imposing a positive duty on the State to afford protection of the right to liberty. Applying these concepts, the Court then ruled that there was violation of the right to security as freedom from threat to respondents life, liberty and security and also a violation of the right to security as protection by the government. It then proceeded to rule that the reliefs granted were appropriate and relevant and thereby dismissed the petition.

To whom Available (sec 1) = 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.

Coverage

The writ shall cover extralegal killings and enforced disappearances or threats thereof.

Who may file? (Sec. 2) 1. Aggrieved party 2. Any qualified person or entity in the following order: Any member of the immediate family, namely: the spouse, children and parents of the aggrieved party; Any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil degree of consanguinity or affinity, in default of those mentioned in the preceding paragraph; or Any concerned citizen, organization, association or institution, if there is no known member of the immediate family or relative of the aggrieved party

When and Where to File? SEC 3 WHEN: on any day and at any time WHERE: Regional Trial Court of the place where the threat, act or omission was committed or any of its elements occurred Sandiganbayan Court of Appeals Supreme Court any justice of such courts

Is there a docket fee? Sec. 4. No Docket Fees. - The petitioner shall be exempted from the payment of the docket and other lawful fees when filing the petition. The court, justice or judge shall docket the petition and act upon it immediately.

Contents of the Petition 1. The personal circumstances of the petitioner; 2. The name and personal circumstances of the respondent responsible for the threat, act or omission, or, if the name is unknown or uncertain, the respondent may be described by an assumed appellation; 3. The right to life, liberty and security of the aggrieved party violated or threatened with violation by an unlawful act or omission of the respondent, and how such threat or violation is committed with the attendant circumstances detailed in supporting affidavits; 4. The investigation conducted, if any, specifying the names, personal circumstances, and addresses of the investigating authority or individuals, as well as the manner and conduct of the investigation, together with any report; 5. The actions and recourses taken by the petitioner to determine the fate or whereabouts of the aggrieved party and the identity of the person responsible for the threat, act or omission; and 6. The relief prayed for. The petition may include a general prayer for other just and equitable reliefs.

Issuance of the Writ (Sec. 6.) Upon the filing of the petition, the court, justice or judge shall immediately order the issuance of the writ if on its face it ought to issue. The clerk of court shall issue the writ under the seal of the court; or in case of urgent necessity, the justice or the

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 seven (7) days from the date of its issuance. Penalty for Refusing to Issue or Serve the Writ (Sec. 7.) A clerk of court who refuses to issue the writ after its allowance , or a deputized person who refuses to serve the same, shall be punished by the court, justice or judge for contempt without prejudice to other disciplinary actions.

Service of the Writ (sec. 8) The writ shall be served upon the respondent by a judicial officer or by a person deputized by the court, justice or judge who shall retain a copy on which to make a return of service. In case the writ cannot be served personally on the respondent, the rules on substituted service shall apply.

Contents of the Return: Sec. 9 1. The lawful defenses to show that the respondent did not violate or threaten with violation the right to life, liberty and security of the aggrieved party, through any act or omission; 2. The steps or actions taken by the respondent to determine the fate or whereabouts of the aggrieved party and the person or persons responsible for the threat, act or omission; 3. All relevant information in the possession of the respondent pertaining to the threat, act or omission against the aggrieved party; and 4. If the respondent is a public official or employee, the return shall further state the actions that have been or will still be taken: a) to verify the identity of the aggrieved party;

b) to recover and preserve evidence related to the death or disappearance of the person identified in the petition which may aid in the prosecution of the person or persons responsible; c) to identify witnesses and obtain statements from them concerning the death or disappearance; d) to determine the cause, manner, location and time of death or disappearance as well as any pattern or practice that may have brought about the death or disappearance; e) to identify and apprehend the person or persons involved in the death or disappearance; and f) to bring the suspected offenders before a competent court. The return shall also state other matters relevant to the investigation, its resolution and the prosecution of the case.

Note: A general denial of the allegations in the petition shall not be allowed.

Sec. 10. Defenses not Pleaded Deemed Waived. - All defenses shall be raised in the return, otherwise, they shall be deemed waived.

Special Proceeding

Writ of Amparo

Reporters: Barry Ho Rhea Moreno Ryan Paul Olamit

Instructor: Atty. Maruli Ali Sanchez