Jurisprudence on writ of amparo

The Supreme Court has made pronouncements on the application, issuance and enforcement of writs of Amparo. Please read the following.

Canlas v. Napico Homeowners Association
G.R. No. 182795, June 5, 2008

The threatened demolition of a dwelling by virtue of a final judgment of the court is not included among the enumeration of rights for which the remedy of a writ of amparo is made available. Their claim to their dwelling, assuming they still have any despite the final and executory judgment adverse to them, does not constitute right to life, liberty and security. There is, therefore, no legal basis for the issuance of the writ of amparo.

Tapuz v. Judge del Rosario
G.R. No.182484, June 17, 2008

Under these legal and factual situations, we are far from satisfied with the prima facie existence of the ultimate facts that would justify the issuance of a writ of amparo. Rather than acts of terrorism that pose a continuing threat to the persons of the petitioners, the violent incidents alleged appear to us to be purely property-related and focused on the disputed land. Thus, if the petitioners wish to seek redress and hold the alleged perpetrators criminally accountable, the remedy may lie more in the realm of ordinary criminal prosecution rather than on the use of the extraordinary remedy of the writ of amparo.

While the right to life under Article III, Section 1 guarantees essentially the right to be alive -upon which the enjoyment of all other rights is preconditioned -the right to security of person is a guarantee of the secure quality of this life.First, the right to security of person is freedom from fear.(Universal Declaration of Human Rights [UDHR] and International Covenant on Civil and Political Rights [ICCPR]) The Philippines is a signatory to both the UDHR and the ICCPR. Second, the right to security of person is a guarantee of bodily and psychological integrity or security. (Article III, Section 12 of the 1987 Constitution)

The Secretary of National Defense v. Manalo
G.R. No. 180906, October 7, 2008

Third, the right to security of person is a guarantee of protection of ones rights by the government. Protection includes conducting effective investigations, organization of the government apparatus to extend protection to victims of extralegal killings or enforced disappearances (or threats thereof) and/or their families, and bringing offenders to the bar of justice.