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    Writ of Amparo and Habeas Data (Philippines)

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    Dats Fernandez
    1) In 2007, Chief Justice Puno announced that the Supreme Court of the Philippines approved a writ of amparo, which would allow victims of extralegal killings and enforced disappearances to seek protection and accountability from public authorities. 2) The writ of amparo grants victims the right to access information about their cases and holds public officials accountable to high standards of conduct. 3) Some critics argued that the writ of amparo did not go far enough in protecting victims' rights, as it did not protect non-witnesses facing threats or risks to their lives.

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    Writ of Amparo and Habeas Data (Philippines)

    Uploaded by

    Dats Fernandez
    11 views1 page
    1) In 2007, Chief Justice Puno announced that the Supreme Court of the Philippines approved a writ of amparo, which would allow victims of extralegal killings and enforced disappearances to seek protection and accountability from public authorities. 2) The writ of amparo grants victims the right to access information about their cases and holds public officials accountable to high standards of conduct. 3) Some critics argued that the writ of amparo did not go far enough in protecting victims' rights, as it did not protect non-witnesses facing threats or risks to their lives.

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    amparo 1

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    1) In 2007, Chief Justice Puno announced that the Supreme Court of the Philippines approved a writ of amparo, which would allow victims of extralegal killings and enforced disappearances to seek protection and accountability from public authorities. 2) The writ of amparo grants victims the right to access information about their cases and holds public officials accountable to high standards of conduct. 3) Some critics argued that the writ of amparo did not go far enough in protecting victims' rights, as it did not protect non-witnesses facing threats or risks to their lives.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    11 views1 page

    Writ of Amparo and Habeas Data (Philippines)

    Uploaded by

    Dats Fernandez
    1) In 2007, Chief Justice Puno announced that the Supreme Court of the Philippines approved a writ of amparo, which would allow victims of extralegal killings and enforced disappearances to seek protection and accountability from public authorities. 2) The writ of amparo grants victims the right to access information about their cases and holds public officials accountable to high standards of conduct. 3) Some critics argued that the writ of amparo did not go far enough in protecting victims' rights, as it did not protect non-witnesses facing threats or risks to their lives.

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    Writ of Amparo

    Main article: Writ of Amparo and Habeas Data (Philippines)


    On August 17, 2007 Puno said that the writ of amparo (Spanish for protection), would strip the military of the
    defense of denial (Volunteers Against Crime and Corruption's 9th anniversary celebration at Camp Crame). Under
    the writ, families of victims will have the right to access information on their cases -- a constitutional right called the
    "habeas data" common in several Latin America countries. The final version of the rule, which will be made
    retroactive, will come out by next month. Puno stated that "In other words, if you have this right, it would be very,
    very difficult for State agents, State authorities to be able to escape from their culpability."[25][26]
    On September 15, 2007, Lawyer Neri Javier Colmenares (National Union of Peoples Lawyers) announced that the
    Supreme Court of the Philippines committee on the revision of rules drafted the writ of amparo rules, which will be
    promulgated on October. The writ of amparo (Spanish for protection) is a defense to prevent extrajudicial killings
    and enforced disappearances. As supplement, recourse to Habeas Data, to grant the right of access information on
    desaparecidos, will also be provided.[27]
    [edit] Historical Promulgation of Writ of Amparo
    On September 25, 2007 Chief Justice Reynato Puno officially announced the Supreme Court of the Philippines'
    approval or promulgation of the Writ of Amparo: "Today, the Supreme Court promulgated the rule that will place
    the constitutional right to life, liberty and security above violation and threats of violation. This rule will provide the
    victims of extralegal killings and enforced disappearances the protection they need and the promise of vindication
    for their rights. This rule empowers our courts to issue reliefs that may be granted through judicial orders of
    protection, production, inspection and other relief to safeguard one's life and liberty The writ of amparo shall hold
    public authorities, those who took their oath to defend the constitution and enforce our laws, to a high standard of
    official conduct and hold them accountable to our people. The sovereign Filipino people should be assured that if
    their right to life and liberty is threatened or violated, they will find vindication in our courts of justice."[28]
    [edit] A.M. No. 07-9-12-SC, The Rule on Writ of Amparo
    The Resolution and the Rule on the Writ of Amparo gave legal birth to Puno's brainchild.[29][30][31] No filing or legal
    fees is required for Amparo which takes effect on October 24 in time for the 62nd anniversary of the United Nations.
    Puno also stated that the court will soon issue rules on the writ of Habeas Data and the implementing guidelines for
    Habeas Corpus. The petition for the writ of amparo may be filed "on any day and at any time" with the Regional
    Trial Court, or with the Sandiganbayan, the Court of Appeals, and the Supreme Court. The interim reliefs under
    amparo are: temporary protection order (TPO), inspection order (IO), production order (PO), and witness protection
    order (WPO, RA 6981).[32]
    International criticism
    On September 28, 2007, the Asian Human Rights Commission (AHRC) criticized the Writ of Amparo and Habeas
    Data (Philippines) for being insufficient: "Though it responds to practical areas it is still necessary that further
    action must be taken in addition to this. The legislative bodies, House of Representatives and Senate, should also
    initiate its own actions promptly and without delay. They must enact laws which ensure protection of rightslaws
    against torture and enforced disappearance and laws to afford adequate legal remedies to victims." AHRC objected
    since the writ failed to protect non-witnesses, even if they too face threats or risk to their lives.[33]

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