H. WRIT OF AMPARO (A.M. No.

07-9-12-SC, September 25, 2007)     

I. COVERAGE

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.

II. Distinguish from Habeas Corpus and Habeas Data

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. (Section 1)

Writ of Habeas Corpus is an order issued by a court to a person detaining another, to

produce the body of the prisoner at a certain time and place, and to show sufficient cause for holding
in custody the individual.- Habeas Corpus: “to bring the body”

The Principal purpose is to set the individual at liberty. Privilege of the writ- further order from
the court to release an individual if it finds his detention without legal cause or authority.
Suspension of the privilege of the writ may be suspended by the President in case of: invasion
-rebellion -when the public safety requires it. The suspension in effect, allows arrests and seizures
without warrants issued by the courts.

The writ of habeas data is a remedy available to any person whose right to
privacy in life, liberty or security is violated or threatened by an unlawful act of any
official or employee, or of a private individual or entity engaged in the gathering,
collecting or storing of data or information.

The writ of habeas data functions as an independent remedy as well as a

complement to the writs of habeas corpus and amparo—both of which are aimed at
protecting the right to life, liberty and security, especially of victims of politically
motivated crimes.
Under the writ of habeas data, a person can compel the release of information, or to
update, rectify, suppress or destroy database, information or files in the control of the
respondents in a petition.
III. Differences between amparo and search warrant.

A search warrant is an order in writing, issued in the name of the People of the
Philippine Islands, signed by a judge or a justice of the peace, and directed to a peace
officer, commanding him to search for personal property and bring it before the court.
[Alvarez vs. Court of First Instance of Tayabas, G.R. No. 45358, 29 January 1937]

 
2.  What are the requisites of a valid search warrant?

The requisites are:

a.  There must be probable cause;

b.  The probable cause must be determined personally by a judge;

c.  It must be issued after examination, under oath or affirmation, of the complainant and the
witnesses he may produce;

d.  The warrant must particularly describe the place to be searched and the persons or
things to be seized

3.  What is probable cause?

Probable cause refers to such facts and circumstances which would lead a reasonably
discreet and prudent man to believe that an offense has been committed and that the
objects sought in connection with the offense are in the place sought to be searched.

SEC. 2. Who May File. – The petition may be filed by the aggrieved party or by any qualified person
or entity in the following order:

a. Any member of the immediate family, namely: the spouse, children and parents of the
aggrieved party;

b. Any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil
degree of consanguinity or affinity, in default of those mentioned in the preceding paragraph;
or

c. Any concerned citizen, organization, association or institution, if there is no known member

of the immediate family or relative of the aggrieved party.

The filing of a petition by the aggrieved party suspends the right of all other authorized parties to file
similar petitions. Likewise, the filing of the petition by an authorized party on behalf of the aggrieved
party suspends the right of all others, observing the order established herein.

SEC. 3. Where to File. – The petition may be filed on any day and at any time with the Regional
Trial Court of the place where the threat, act or omission was committed or any of its elements
occurred, or with the Sandiganbayan, the Court of Appeals, the Supreme Court, or any justice of
such courts. The writ shall be enforceable anywhere in the Philippines.
When issued by a Regional Trial Court or any judge thereof, the writ shall be returnable before such
court or judge.

When issued by the Sandiganbayan or the Court of Appeals or any of their justices, it may be
returnable before such court or any justice thereof, or to any Regional Trial Court of the place where
the threat, act or omission was committed or any of its elements occurred.

When issued by the Supreme Court or any of its justices, it may be returnable before such Court or
any justice thereof, or before the Sandiganbayan or the Court of Appeals or any of their justices, or
to any Regional Trial Court of the place where the threat, act or omission was committed or any of its
elements occurred.

SEC. 4. No Docket Fees. – The petitioner shall be exempted from the payment of the docket and
other lawful fees when filing the petition. The court, justice or judge shall docket the petition and act
upon it immediately.

SEC. 5. Contents of Petition. – The petition shall be signed and verified and shall allege the
following:

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;

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 judicial remedy, approved on Jan. 22, 2008, and which took effect on Feb. 2,
2008, was crafted amid an alarming rise in the number of forced disappearances and
extrajudicial executions, including the murders of leftist militants and journalists
during the Arroyo administration.
Then Chief Justice Reynato Puno said that in the case of the habeas data, its rules did
not hinder the gathering of information against a person, but only erroneous ones.
Puno said that many violations of the right to informational privacy had taken place
around the world and the Supreme Court was not blind to these.
For instance, the police in many countries keep files on citizens for political purposes
even though these people have not been accused of any crime while several instances
of illegal wiretaps have been done by private parties and mostly on behalf of the
government.
2. Art. III Sec. 15 The Privilege of the writ of habeas corpus shall not be suspended except in cases
of invasion or rebellion when the public safety requires it.
Writ of Habeas Corpus - An order issued by a court to a person detaining another, to produce the
body of the prisoner at a certain time and place, and to show sufficient cause for holding in custody
the individual.- Habeas Corpus: “to bring the body”
 Writ of Habeas Corpus (cont.)Principal purpose: To set the individual atliberty.Privilege of the writ-
further order from thecourt to release an individual if it finds hisdetention without legal cause or
authority.
Suspension of the privilege of the writ• May be suspended by the President in case of: -invasion
-rebellion -when the public safety requires it.• The suspension in effect, allows arrests and seizures
without warrants issued by the courts.
 Writ of Amparo• Amparo: “protection”• Can be invoked when the right to life, liberty or security of a
person is violated or threatened with violation by an unlawful act of a public official or employee or of
a private individual or entity.
Writ of Amparo (cont.)• Prohibits respondents from using the defense of simple denial.• Evidence or
documents are needed to support claims that they did not violate the rights to life, liberty or security
of the aggrieved party.• The court may issue any of the following: • Temporary protection order •
Inspection order • Production order • Witness protection order