THE RULE ON THE

WRIT OF AMPARO
Effective 24 October 2007
 The Petition
(Section 1)
The 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.
 Requisites
(Section 1)
 Actual violation of the right to life, liberty or security
 Threatened violation of the right to life, liberty or
security
 By any public official or employee or private
individual or entity
 Through an unlawful act or omission.
 Requisites – Security
(Section 1)

 Limited to physical security?

 Other types of security?

 Security of communication/right to privacy?
 Financial Security
 Requisites
(Section 1)

Unlawful act or omission – Not necessarily

a criminal offense.
 Who may file the petition?
(Section 2)
1. The aggrieved party;
2. Spouse, children and parents of the aggrieved party;
3. Any ascendant, descendant or collateral relative of the
aggrieved party within the fourth civil degree of consanguinity
or affinity;
4. Any concerned citizen, organization, association or institution,
if there is no known member of the immediate family or
relative of the aggrieved party.

The authority to file is in the order stated above. The filing of a

petition by one higher in priority suspends the right of those
lower in priority from filing the petition.
Section 5 – Contents of the Petition
(a) The personal circumstances of the petitioner;

(b) The 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;

(c) 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;
Contents of the Petition - continued
(d) 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;

(e) The actions 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

(f) The relief prayed for.

The petition may include a general prayer for other just and
equitable reliefs.
 The Petition may also contain:
 Application for a Temporary Protection Order
under Section 14(a)
 Application for a Witness Protection Order
under Section 14(d)
 Motion for an Inspection Order under Section
14(b) – subject to hearing
 Motion for a Production Order under Section
14(c) – subject to hearing
 The Petition – Respondents
(Section 5)
 Respondents – Operatives
 Principals by direct participation
 Principals by indispensable cooperation

 Respondents – Higher ranking officers

 Principals by inducement
 Accomplices and accessories
 Command responsibility
 Necessary parties – in order to obtain complete relief
 Where to file the Petition
(Section 3)

1. Regional Trial Court of the place where

the threat, act or omission occurred, or
any of its judges;
2.Sandiganbayan or any of its justices;
3.Court of Appeals or any of its justices;
and
4.Supreme Court or any of its justices.
 When to file the Petition
(Section 3)

 On any day (weekends and holidays included)

 At any time (day or night)

 Court’s action on the Petition
(Section 6)

 If, on the face of the petition, the writ “ought

to issue” - ISSUE the writ IMMEDIATELY

 Otherwise, DISMISS the Petition

 The Writ
(Section 6)
 Issued ex parte
 Serves as the summons, allows the Court to
obtain jurisdiction over the respondent(s)
 Requires the filing of the Return by the
respondent(s)
 Sets the date and time of the summary hearing
of the petition – not later than 7 days from the
date of issuance of the writ.
 Other reliefs that may be granted
together with the Writ

 Temporary Protection Order under

Section 14 (a)

 Witness Protection Order under Section

14 (d)
 Can the Court grant:

 An inspection Order under Section 14 (b)

 A production Order under Section 14 (c)

together with the Writ?

 Who serves the Writ?
(Section 8)

 Judicial Officer – Sheriff, Process Server

 Person deputized by the Court

 Manner of Service of the Writ
(Section 8)
 Personal Service upon the respondent(s)

 Substituted Service
 Respondents cannot be personally served within a
reasonable time
 Leaving copy at respondent’s residence with a
person of suitable age and discretion living thereat
 Leaving a copy at respondent’s office or place of
business with a competent person in charge thereof
 Where to file the Return
(Section 3)
If writ was issued by an RTC Judge – file the return
with the same Judge who issued the writ.

If writ is issued by the Sandiganbayan or any of its

justices – file the return with:
(a) the Sandiganbayan
(b) any justice of the Sandiganbayan or
(c) any RTC or RTC Judge of the place where the
threat, act or omission was committed or any of its
elements occurred.
 Where to file the Return
(Section 3)

If writ was issued by the Court of Appeals, file

the return with:
(a) the Court of Appeals
(b) any justice of the Court of Appeals or
(c) any RTC or RTC Judge of the place where
the threat, act or omission was committed or
any of its elements occurred.
 Where to file the Return
(Section 3)

If writ was issued by the Supreme Court or any

justice thereof, file the return with:
(a) The Supreme Court or any justice thereof;
(b) The Court of Appeals or any justice thereof;
(c) The Sandiganbayan or any justice thereof; or
(d) Any RTC or RTC Judge of the place where
the threat, act or omission was committed or
any of its elements occurred
 Time for filing of Return
(Section 9, as amended)

 Within five (5) working days after service of

the Writ.

 Periodto file Return is extendible on “highly

meritorious grounds”.
 The Return
(Sections 9 and 10)
 Must be verified

 Must be accompanied by supporting affidavits

 No general denials (each of the allegations of the

petition must either be admitted or specifically
denied)

 Must include all lawful defenses

 Prohibited Pleadings
(Section 11)
 Motion to dismiss;
 Motion for extension of time to file [return – deleted per Resolution of the
Supreme Court dated October 16, 2007] opposition, affidavit, position
paper and other pleadings;
 Dilatory motion for postponement;
 Motion for a bill of particulars;
 Counterclaim or cross-claim;
 Third-party complaint;
 Reply;
 Motion to declare respondent in default;
 Intervention;
 Memorandum;
 Motion for reconsideration of interlocutory orders or interim relief orders;
 Petition for certiorari, mandamus or prohibition against any interlocutory
order.
 Failure to File Return – Effect
(Section 12)

Petition shall be heard ex parte.

 Hearing on the Petition
(Section 13)
 Summary

 Court, justice or judge may hold a preliminary

conference for the purpose of obtaining
stipulations and admissions

 Hearings shall be held daily

 Interim Reliefs
(Section 14)
 Temporary Protection Order

 Inspection Order

 Production Order

 Witness Protection Order

 Temporary Protection Order
(Section 14[a])

 Upon motion or motu proprio – may be granted ex parte

 Refers to PHYSICAL SECURITY

 Available to:
 The aggrieved party
 Any member of the aggrieved party’s immediate family
 Officers of petitioner organization, association or institution

 To be provided by:
 Any government agency
 Any accredited person or private institution capable of providing
security
 Inspection Order
(Section 14[b])
 Granted only upon verified motion and after due
hearing – cannot be granted ex parte
 Motion must specifically designate the property to be
inspected
 Must be supported by the affidavits and testimonies
of witness having personal knowledge of the enforced
disappearance or whereabouts of the aggrieved party
 If motion is opposed on grounds of national security
or privilege, motion may be heard in chambers
 Inspection Order
(Section 14[b])
 Movant must show that inspection is necessary to establish the
right of the aggrieved party
 Order person in possession or control of real property to
permit entry thereto for the purpose of inspecting, measuring,
surveying or photographing the property or any relevant object
or operation thereon.
 Order must specify:
 The persons authorized to conduct inspection
 Date, time and place of making the inspection
 Order expires in 5 days from its issuance, unless extended for
justifiable reasons
 Production Order
(Section 14[c])
 Granted only upon verified motion and after
due hearing – cannot be granted ex parte
 Court can order the production, inspection,
copying or photographing of all forms of
personal property, including objects in
digitized or electronic form.
 Must contain evidence relevant to the petition
or the return.
 Production Order
(Section 14[c])
 If motion is opposed on grounds of national
security, motion may be heard in chambers
 Court, justice or judge may impose other
conditions
 Rule does not provide an expiry date.
 Witness Protection Order
(Section 14[d])
 Upon motion or motu proprio - can be granted
ex parte
 Authorizes court, justice or judge to refer
witnesses:
 To the DOJ for admission to the Witness Protection
Program
 To other government agencies
 To accredited persons or private institutions
capable of keeping and securing their safety
 Interim Reliefs available to Respondent(s)
(Section 15)

 Inspection Order under Section 14(b)

 Production Order under Section 14(c)

 Temporary Protection Order and Witness

Protection Order are not available to the
respondent(s)
 Contempt
(Section 16)
 Respondent:
 Who refuses to make a return
 Who makes a false return

 Any person who disobeys or resists a lawful

process or order of the Court
 Indirect contempt – after a charge in writing,
with opportunity to comment and after hearing
(Section 3, Rule 71, Rules of Court)
 Burden of Proof and Standard of Diligence
(Section 17)

 Burden of proof appears to have been laid on

the respondent(s)
 Respondent is a private person – ordinary
diligence
 Respondent is a public officer – extraordinary
diligence
 Presumption of regularity cannot be invoked
 Judgment
(Section 18)
 Must be rendered within ten (10) days from
the time petition is submitted for decision

 Judgment granting privilege of the writ shall

include such reliefs as may be proper and
appropriate.

 Proper and appropriate?

 Appeal
(Section 19)
 Appeal under Rule 45
 To the Supreme Court
 Via a verified petition for review on certiorari
 Must be filed within five (5) working days
from notice of adverse judgment
 Petition may raise issues of both fact and law
 Archiving and Revival
(Section 20)
 Archiving, not dismissal, if case cannot
proceed for valid cause such as failure of
petitioner or witnesses to appear due to threats

 Dismissal of archived cases two (2) years

after petitioner’s receipt of notice of order
archiving case.
 Separate Actions
(Section 21)

 Rule does not preclude the filing of

separate criminal, civil or administrative
cases.
Criminal Action and Consolidation
(Sections 22 and 23)
 Where criminal action is already pending, separate
petition for amparo shall not be allowed. Reliefs
granted under the Rule shall be made available by
motion in the criminal action

 Criminal and/or separate civil action is commenced

after filing of the petition for amparo, amparo petition
will be consolidated with the criminal and/or civil
action
 Retroactivity

SEC. 26. Applicability to Pending Cases. –

This Rule shall govern cases involving
extralegal killings and enforced
disappearances or threats thereof pending in
the trial and appellate courts.