WRIT OF AMPARO

Brief background
First adopted in Mexico 1957
Amparo literally means PROTECTION
Broader in scope that WHC in that it protects a person against illegal arrest & violation of human rights
SC may adopt amparo in order to effectively shield a person against the violation of human rights by arbitrary authorities
Justice Azucena defined amparo
o Special constitutional writ to protect or enforce a constitutional right (other than physical liberty) in consonance with
the power of the SC to adopt rules to protect & enforce constitutional rights

Writ of Amparo (WA)

Remedy available to any person whose right to life, liberty & security has been violated or is threatened
With violation by an unlawful act or omission of a
o Public official or employee, or of a
o Private individual or entity
The writ convers extralegal killings & enforced disappearances or threats thereof

Who may file

Aggrieved party (AP) or by any qualified person or entity in the following order
o Immediate family spouse, children & parents of AP
o Ascendant, descendant or collateral relative of the AP within 4th civil degree of consanguinity or affinity
o Concerned citizen, organization, association or institution if no known member of immediate family or relative of AP
Where and when to file
Any day and at any time with the RTC of the place where the threat, act or omission (TAO) was committed or any of its
elements occurred kahit Saturday and Sunday
Or with the SB, CA, SC or any justice of such courts
Writ enforceable anywhere in the PH
Issued by RTC returnable before such court or judge
Issued by SB or CA or any of their justices returnable before such court or any justice thereof or to any RTC where TAO was
committed or any of its elements occurred
Issued by SC or any of its justices returnable before such court or any justice thereof or before SB or CA or any of their justices,
or to any RTC where TAO was committed or any of its elements occurred

Is there a docket fee or filing fee? NO!

Petition for WA shall be signed & allege the ff:

Personal circumstances of petitioner
Name & personal circumstance of respondent if name unknown respondent may be described by an assumed appellation
Right to life , liberty and security violated or threatened
Investigation conducted if any personal circumstances of investigating authority or individuals as well as manner & conduct
of investigation
Actions & recourses taken by the petitioner to determine fate & whereabouts of AP & identity of person responsibly for TAO
Relief prayed for

Immediately issues? Yes if on its face out to issue writ shall set the date & time for summary hearing of the petition not later than 7
days from date of issuance

Punishment of clerk of court for refusal to issue writ contempt without prejudice to other disciplinary actions
How served? By a judicial officer or by a person deputized by the court who shall retain a copy on which to make a return of service
In case cannot be served personally Substituted service

What must respondent do after service?

Within 5 working days after service of writ file a verified written return together with supporting affidavits
o Lawful defenses, steps taken, relevant information, actions that have been or will still be taken if public official or
employee
Period to file a return cannot be extended except on HIGHLY MERITORIOUS GROUNDS
Interim reliefs
Temporary Protection Order
Inspection Order
Production Order
Witness Protection Order
Available to respondent? Yes but only Inspection Order & Production Order
Burden of proof substantial evidence
Respondent (private) must prove that ordinary diligence was observed in the performance of duty
Respondent (public official) must prove that extraordinary diligence was observed in the performance of duty
o Presumption of regularity of performance cannot be invoked
Duration in deciding petition of WA 10 days from time petition is submitted for decision
Appealable? Yes! Appeal may raise questions of law and fact
Failure on the part of petitioner or witnesses to appear due to threats on their lives court shall archive petition petition dismissed with
prejudice upon failure to prosecute after 2 years from notice to the petitioner of the order archiving the case
Effect when criminal action is filed subsequent to filing of a petition for WA consolidation

WRIT OF HABEAS DATA