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Procedure for hearing: The hearing shall be If respondent is a private individual or entity, must
summary, but the judge may call a preliminary prove that ordinary diligence as required by
conference to simplify the issues and determine the applicable laws, rules and regulations was observed
possibility of obtaining stipulations and admissions in the performance of duty. If a public official or
from the parties. employee, extraordinary diligence is required.
The hearing shall be held on a daily basis until Presumption of regularity in the performance of
completed and is given the same priority as that of official duty cannot be invoked which is in accord with
petitions for writ of habeas corpus.
current jurisprudence on custodial interrogation and
search warrant cases. Institution of separate actions: Filing of a petition
for the writ of amparo shall not preclude the filing of
There is no need to show that petitioner has separate criminal, civil or administrative actions (Sec.
exhausted prior administrative remedies. 21).
Judgment: The court shall render judgment within Effect of filing of a criminal action: When a criminal
ten (10) days from the time the petition is submitted action has been commenced, no separate petition for
for decision. the writ shall be filed. The reliefs under the writ shall
be available by motion in the criminal case. The
No enforcement of 5 days like in Habeas Data (Sec. procedure under the Rule on the Writ of Amparo shall
18). govern the disposition of reliefs available under the
writ Sec. 22).
Appeal: Within 5 days to appeal to the SC under
Rule 45 and may raise questions of fact or law or both Consolidation: When a criminal action is filed
(Sec. 19). subsequent to the filing of a petition for the writ, the
latter shall be consolidated with the criminal action.
Ratio: Amparo proceedings involve determination of
facts considering its subject–extralegal killings and When a criminal action and a separate civil action are
enforced disappearances. filed subsequent to a petition for a writ of amparo, the
latter shall be consolidated with the criminal action.
Judgment subject to appeal via Rule 45 After consolidation, the procedure under this Rule
If the allegations are proven with substantial shall continue to apply to the disposition of the reliefs
evidence, the court shall grant the privilege of the writ in the petition (Sec. 23).
and such reliefs as may be proper and appropriate.
The judgment should contain measures, which the Doctrine of command responsibility in amparo
judge views as essential for the continued protection proceedings: It would be inappropriate to apply to
of the petitioner in the Amparo case. These measures these proceedings the doctrine of command
must be detailed enough so that the judge may be responsibility, as a form of criminal complicity through
able to verify and monitor the actions taken by the omission, for the criminal liability is beyond the reach
respondents. Is it this judgment that could be subject of amparo.
to appeal to the Supreme Court via Rule 45 (De Lima
v. Gatdula, G.R. No. 204528, February 19, 2013). It does not determine guilt nor pinpoint criminal
culpability for the disappearance, threats thereof or
The privilege of the Writ of Amparo should be extrajudicial killings; it determines responsibility, or at
distinguished from the actual order called the Writ of least accountability, for the enforced disappearance,
Amparo. The prvilege includes availment of the entire threats thereof or extrajudicial killings for purposes of
procedure outlined in AM No. 07-9-12-SC (De Lima v. imposing the appropriate remedies to address the
Gatdula, G.R. No. 204528, February 19, 2013). disappearance or extrajudicial killings.
Archiving and revival of cases: The court shall not If command responsibility were to be invoked and
dismiss the petition, but shall archive it, if upon its applied to these proceedings, it should, at most, be
determination it cannot proceed for a valid cause only to determine the author who, at the first instance,
such as the failure of petitioner or witnesses to is accountable for, and has the duty to address, the
appear due to threats on their lives (Liberalized rule disappearance or harassments complained of, so as
on dismissal). to enable the Court to devise remedial measures that
may be appropriate under the premises to protect
The petition shall be dismissed with prejudice upon rights covered by the writ of amparo (Rubrico, et al. v.
failure to prosecute the case after the lapse of two (2) Macapagal-Arroyo, et al., G.R. No. 183871, February
years from notice to the petitioner of the order 18, 2010).
archiving the case (Sec. 20).
Note: The writ of amparo, in its present form, is
confined only to these two instances of “extralegal
killings” and enforced disappearances” (Rev. Fr.
Reyes v. Court of Appeals, et al., G.R. No. 182161,
December 3, 2009).