Writ of Amparo (A.M. No. 07-9-12-SC)
The rule on writs of Amparo has been effective since October 24, 2007.
COVERAGE OF THE WRIT
[1] Extralegal killings or killings committed without due process of law, i.e., without legal safeguards or judicial proceedings
[2] Enforced disappearances attended by the following characteristics: an arrest, detention or abduction of a person by a government official or organized groups or private individuals acting with the direct or indirect acquiescence of the government; the refusal of the State to disclose the fate or whereabouts of the person concerned or a refusal to acknowledge the deprivation of liberty which places such persons outside the protection of law.
CONTENTS OF RETURN
[1] Lawful defenses to show that respondent did not violate or thereaten with violation the right to life, liberty or security of the aggrieved party, through any act or omisson .
[2] Steps or actions taken by the respondent to determine the facts or whereabouts of the aggrieved party and person /s responsible for the threat, act or omission;
[3] All relevant information in the possession of respondent pertaining to the threat, act or omission against the aggrieved party;
[4] If respondent is a public official or employee, the return shall further state the actions that have been or will be taken: (i) to verify the identity of the aggrieved party; (ii) to recover and preserve evidence related to the death or disappearance of the person identified in the petition which may aid in the prosecution of the person or persons responsible; (iii) to identify witnesses and obtain statements from them concerning the death or disappearance; (iv) to determine the cause, manner, location and time of death or disappearance as well as any pattern or practice that may have brought about the death or disappearance; (v) to identify and apprehend the person or persons involved in the death or disappearance; and (vi) to bring the suspected offenders before a competent court.
A general denial of the allegations in the petition shall not be allowed. EFFECTS OF FAILURE TO FILE RETURN
The omnibus waiver rule states that defenses not pleaded deemed waived. This means that all defenses shall be raised in the return, otherwise, they shall be deemed waived (Sec. 10).
PROCEDURE FOR HEARING
[1] Institution of separate action
[2] Effect of filing of a criminal action
[3] Consolidation
[4] Interim reliefs available to petitioner and respondent
PREVENTIVE OR CURATIVE CHARACTER OF WRITS OF AMPARO
It is preventive in that it breaks the expectation of impunity in the commission of these offenses; it is curativein that it facilitates the subsequent punishment of perpetrators as it will inevitably yield leads to subsequent investigation and action.
COVERAGE OF THE WRIT
[1] Extralegal killings or killings committed without due process of law, i.e., without legal safeguards or judicial proceedings
[2] Enforced disappearances attended by the following characteristics: an arrest, detention or abduction of a person by a government official or organized groups or private individuals acting with the direct or indirect acquiescence of the government; the refusal of the State to disclose the fate or whereabouts of the person concerned or a refusal to acknowledge the deprivation of liberty which places such persons outside the protection of law.
CONTENTS OF RETURN
[1] Lawful defenses to show that respondent did not violate or thereaten with violation the right to life, liberty or security of the aggrieved party, through any act or omisson .
[2] Steps or actions taken by the respondent to determine the facts or whereabouts of the aggrieved party and person /s responsible for the threat, act or omission;
[3] All relevant information in the possession of respondent pertaining to the threat, act or omission against the aggrieved party;
[4] If respondent is a public official or employee, the return shall further state the actions that have been or will be taken: (i) to verify the identity of the aggrieved party; (ii) to recover and preserve evidence related to the death or disappearance of the person identified in the petition which may aid in the prosecution of the person or persons responsible; (iii) to identify witnesses and obtain statements from them concerning the death or disappearance; (iv) to determine the cause, manner, location and time of death or disappearance as well as any pattern or practice that may have brought about the death or disappearance; (v) to identify and apprehend the person or persons involved in the death or disappearance; and (vi) to bring the suspected offenders before a competent court.
A general denial of the allegations in the petition shall not be allowed. EFFECTS OF FAILURE TO FILE RETURN
The omnibus waiver rule states that defenses not pleaded deemed waived. This means that all defenses shall be raised in the return, otherwise, they shall be deemed waived (Sec. 10).
PROCEDURE FOR HEARING
[1] Institution of separate action
[2] Effect of filing of a criminal action
[3] Consolidation
[4] Interim reliefs available to petitioner and respondent
PREVENTIVE OR CURATIVE CHARACTER OF WRITS OF AMPARO
It is preventive in that it breaks the expectation of impunity in the commission of these offenses; it is curativein that it facilitates the subsequent punishment of perpetrators as it will inevitably yield leads to subsequent investigation and action.
