Of Mexican origin, the writ of Amparo (“Amparo” literally means “protection” in Spanish) 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 covers extralegal killings and enforced disappearances or threats thereof.

The governing law on petitions for and the issuance of a writ of Amparo is found in The Rule on the
Writ of Amparo (A.M. No. 07-9-12-SC), which was promulgated by the Supreme Court on October
24, 2007.

The writ of Amparo provides rapid judicial relief as it partakes of a summary proceeding that requires
only substantial evidence -- such relevant evidence as a reasonable mind might accept as adequate
to support a conclusion. It is not an action to determine criminal guilt requiring proof beyond
reasonable doubt, or liability for damages requiring preponderance of evidence, or administrative
responsibility requiring substantial evidence that will require full and exhaustive proceedings.

The writ serves both preventive and curative roles in addressing the problem of extralegal killings
and enforced disappearances. It is preventive in that it breaks the expectation of impunity in the
commission of these offenses; it is curative in that it facilitates the subsequent punishment of
perpetrators as it will inevitably yield leads to subsequent investigation and action. In the long run,
the goal of both the preventive and curative roles is to deter the further commission of extralegal
killings and enforced disappearances. (The Secretary of National Defense v. Raymond and
Reynaldo Manalo, G.R. No. 180906, 7 October 2008)

The Amparo petition may be filed on any day and at any time with the Regional Trial Court of the
place where the threat, act, or omission was committed or any of its elements occurred, or with the
Sandiganbayan, the Court of Appeals, the Supreme Court, or any justice of such courts. There are
no docket and other lawful fees for the petition.

Upon filing of the petition or at any time before final judgment, the court, justice or judge may grant a
Temporary Protection Order, Inspection Order, Production Order, or Witness Protection Order.

In the case of Murillo, the Supreme Court issued a Temporary Protection Order barring the police
from entering the homes and workplaces of the families of the victims. The Court of Appeals has
already made the protection order permanent and ordered the transfer of the police officers involved
to an area outside Quezon City and Rizal.

In the case of Gonzales, the Supreme Court disallowed the respondents from entering within a
radius of one kilometer from the residence and work address of the petitioner in Antipolo City. It also
remanded the case to the Court of Appeals and gave the respondents five working days to make a
verified return.

Since July 1, 2016 to Jan. 31, 2017, there have been over 7,000 deaths linked to the war on drugs --
both from legitimate police operations and vigilante-style or unexplained killings, including deaths
under investigation. In a statement, Chief Justice Ma. Lourdes Sereno lamented that the perception
of the rule of law in the country has diminished due to unresolved killings of drug suspects.

The writ of Amparo eases the problem of unresolved killings of drug suspects as it guarantees the
aggrieved parties their constitutional rights to life, liberty, and security of person. To reiterate, the
goal of the writ is to deter the further commission of extralegal killings and enforced disappearances.
As declared by the Supreme Court in the Manalo case, the writ of Amparo is a tool that gives voice
to preys of silent guns and prisoners behind secret walls.