Systematic Study of The Writ of Amparo A.

Introduction Several political leaders, journalists, witnesses and even normal individuals had been abducted, some were saved and some were recovered dead. The rampant extrajudicial killings, enforced disappearances are universal issues,that may had been the trend in pacifying non-conformist individuals and deemed leftists by some. On 2004- 2005, the rate of extrajudicial killings and enforced disappearances are at its highest. A total of 903 cases of extrajudicial killings and 193 cases of enforced or involuntary disappearance have been reported since President Arroyo assumed office. According to the human rights group Karapatan, the three regions had the most number of extrajudicial killings--Southern Tagalog at 163, followed by Central Luzon at 137, and Bicol Region, 127. Majority of the victims were reportedlt peasants (419) and indigenous people (85) while the partylist group Bayan Muna and Kilusang Magbubukid ng Pilipinas (KMP) have the most numbers of alleged victims placed at 132 and 104 respectively (www.ediec.org/news). Alarmed by the high number of extrajudicial killings and enforced disappearances in the country, the Philippine Supreme court decided to take a more pro-active role in defending the human rights of ordinary citizens. the Philippine Supreme Court decided to take a more pro-active role in defending the human rights of ordinary citizens. Last month, the Writ of Amparo took effect which was described by Chief Justice Reynato Puno as the greatest legal weapon to protect the constitutional rights of our people. The Writ of Amparo is a remedy available to any person whose right to life, liberty, 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 writ covers extralegal killings and enforced disappearances or threats thereof. The rule was drafted pursuant to the Supreme Court constitutional power to promulgate rules for the protection and enforcement of constitutional rights (http://jlplaw.com). B.BBackground On July 16, 2007, Philippine Chief Justice Reynato Puno and Justice Adolfo Azcuna officially declared the legal conception of the Philippine Writ of Amparo "Recurso de Amparo", at the historic Manila

Hotel National Summit on Extrajudicial Killings and Enforced Disappearances. Chief Justice Reynato Puno noted that the model for Amparo was borrowed from Mexico: the Writ of Amparo is a Mexican legal procedure to protect human rights. On August 25, 2007, Reynato Puno (at the College of Law of Silliman University in Dumaguete City) declared the legal conception of amparo's twin, the supplemental Philippine Habeas Data. Puno by judicial fiat proclaimed the legal birth of these twin peremptory writs on October, 2007, as his legacy to the Filipino nation. Puno admitted the inefficacy of Habeas Corpus, under Rule 102, Rules of Court, since government officers repeatedly failed to produce the body upon mere submission of the defense of alibi. By invoking the truth, Habeas Data will not only compel military and government agents to release information about the desaparecidos but require access to military and police files. Reynato Puno's writ of amparo Spanish for protectionwill bar military officers in judicial proceedings to issue denial answers regarding petitions on disappearances or extrajudicial executions, which were legally permitted in Habeas corpus proceedings. The Supreme Court of the Philippines announced that the draft guidelines (Committee on Revision of Rules) for the writ of amparo were approved on September 23, to be deliberated by the En Banc Court on September 25.