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RECOMMENDATION:

With this aim to eliminate, or at least, minimize the cases of violations of individual human
rights and privacy, and with the objective of promoting justice, the saying that No one is above the
law must be upheld. Even the Chief Executive of the land should be subject to the two (2) writs if
justice so requires. The researchers recommend therefore conclude that the writs of amparo and
writs of habeas data must defeat the Constitutionally-mandated immunity of public officials
specifically the President to protect and safeguard individual human rights. Thus, the researchers
recommended that:
1. Courts rule in favor of the petitioners filing for Writ of Amparo and Writ of Habeas
Data to safeguard their constitutional rights to life, liberty and security, and their rights
to privacy in life, liberty and security, respectively;
2. The human rights being the ultimate safeguard of every individual to ensure their safe
and harmonious living, their rights under the Constitution be upheld against the
Presidents immunity by allowing the writs of amparo and writ of habeas data be issued
against the President taking into consideration the said human rights under Art. III,
1987 Constitution;
3. The Executive Immunity be defeated, regardless of whether the act (s) being assailed is
one of official act or personal act of the President so long as it violates the right to life,
liberty and security and the right to privacy life, liberty and security;
4. The 2 writs being summary proceedings that requires only substantial evidence to make
the appropriate interim and permanent relief available to the petitioner, the petition
being filed against the President be allowed as it will not require a full blown trial and
will not hamper in the performance of the Executives function as President of the
Philippines;
5. The 2 writs, being preventive in that it breaks the expectation of impunity in the
commission of these offenses, and curative in that it facilitates the subsequent
punishment of perpetrator by inevitably leading to subsequent investigation and action,
be favored over the Presidents immunity from suit as it aims to protect individual
human rights, from which sovereignty emanates, thus individual rights must be
protected even against the highest officer of the land.

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