Petition for a writ of amparo is 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. The writ
shall cover extralegal killings and enforced disappearances or threats thereof.
Who may file:
1. Aggrieved Party
2. Any qualified persons
a. any member of the immediate family
b. any ascendant, descendant or collateral relative of the aggrieved party
within the fourth civil degree of consanguinity or affinity, if default of (a)
c. any concerned citizen, organization, association or institution, if there is
no known member of the immediate family or relative of the aggrieved
party.
Where to file:
1. RTC of the place where threat, act or omission was committed or any of its
elements occurred;
2. Sandiganbayan;
3. Court of Appeals; or
4. Supreme Court.
When writ is issued:
- Upon filing of the petition if on its face, the court, justice or judge ought to
issue.
Contents of Petition:
1. Personal circumstances of the petitioner;
2. 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 action 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. Relief prayed for.
*petition may also include general prayer for other just and equitable relief

Return of the Writ:

- Respondent is required within 72 hours after service of the writ to file a verified
written return together with supporting affidavits, which shall, among others,
contain the following:
a. Lawful defences to show that did not violate or threaten with violation the
right to life, liberty or security of another;
b. The steps or actions taken by respondent to determine the fate or
whereabouts of the aggrieved party and the person/s responsible for the
threat, act or omission;
c. All relevant information in the possession of the respondent pertaining to
the threat, act or omission;
d. If the respondent is a public official or employee, return shall further
state the actions that have been or will still be taken:
To verify the identity of the aggrieved party;
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/s responsible;
To identify witnesses and obtain statements from them concerning
the death or disappearance;
To determine the cause, manner, location and time of death or
disappearance as well as the pattern or practice that may have
been brought about the death or disappearance;
To identify and apprehend the person/s involved in the death or
disappearance; and
To bring the suspected offenders before a competent court.
Nature of the hearing on the petition:
- Summary. However, court, justice or judge may call for a preliminary conference
to simplify the issues and determine the possibility of obtaining stipulations
and admission from the parties.
Interim Reliefs reliefs that may be granted by the court, justice or judge upon filing
of petition or before final judgment
1. Temporary Protection Order An order upon motion or motu propio for the
protection in a government agency or accredited person or private institution
capable of keeping and securing the safety of petitioner or aggrieved party and
any member of the immediate family
2. Inspection Order An order to any person in possession or control of a
designated land or other property to permit entry for the purpose of inspecting,
measuring, surveying or photographing the property or any relevant object or
operation therein.

3. Production Order An order to any person in possession, custody or control of

any designated documents, papers, books, accounts, letters, photographs,
objects or tangible things or objects in digitized or electronic form, which
constitute or contain evidence relevant to the petition or the return, to produce
and permit their inspection, copying, photographing by or on behalf of the
movant.
4. Witness Protection Order The court, justice or judge may refer the witnesses to
the Department of Justice for admission to the Witness Protection, Security and
Benefit Program.
Judgment must be rendered within 10 days from the time the petition is
submitted for decision.
Reference: A.M. No. 07-9-12-SC
Basis of the Rule on Writ of Amparo: Sec. 5(5) of the 1987 Constitution
"Amparo" which originated in the political experience of Latin American countries, is
derived from "amparar" which means "to protect." As envisioned by our own Supreme
Court, the writ of amparo can be availed of "as protective tool and remedy for the
greater protection of the constitutional rights of the victims". Human rights groups
welcomed the advent of amparo which they perceived as "additional deterrence" to
abuses committed by the military and police.
In recent years, we have witnessed the emergence of rampant unsolved killings of leftist leaders and
members of progressive mass-based organizations, reminiscent of the martial law regime. Human rights
violations have escalated to such an alarming scale that even the United Nations Commission on Human
Rights, as well as other foreign groups, took notice. Following a consultative summit and acting upon the
recommendations from various sectors and stakeholders in the justice system to tap the Philippine
judiciary's expanded rule-making power under the1987 Constitution, the Supreme Court promulgated
the Rule on the Writ of Amparoon September 25, 2007 (A.M. No. 07-9-12-SC). The writ specifically covers
extralegal killing and enforced disappearances.