Quantum of proof in writ of amparo
QUANTUM OF PROOF IN A WRIT OF AMPARO APPLICATION. The Rule on Writ of Amparo provides a discussion on the burden of proof and standard of diligence required. The parties shall establish their claims by substantial evidence. Respondent private individual or entity prove that ordinary diligence as required by applicable laws, rules and regulations was observed in the performance of duty. Respondent public official or employee prove that extraordinary diligence as required, etc. was observed in the performance of duty.
Presumption that official duty regularly performed cannot be invoked to evade responsibility or liability (Sec. 17).
Writ of Amparo provides rapid judicial relief as it partakes of a summary proceeding that requires only substantial evidence to make the appropriate reliefs available to the petitioner; 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.
Presumption that official duty regularly performed cannot be invoked to evade responsibility or liability (Sec. 17).
Writ of Amparo provides rapid judicial relief as it partakes of a summary proceeding that requires only substantial evidence to make the appropriate reliefs available to the petitioner; 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.
