Becuase Everything Else Sucks

Philippine Judiciary adopts the Writ of Amparo

By Jennifer
Published Monday, October 15th, 2007, 1:00 pm
Filed under: World: Asia, Human Rights

On September 25, 2007, the Supreme Court of the Philippines approved another remedy which seeks to provide solutions to extralegal killings and enforced disappearances.

Meeting en banc, the highest judicial body promulgated The Writ of Amparo which seeks to place the constitutional right to life, liberty and security above violation and threats of violation.

In a nutshell, the Writ of Amparo seeks to provide victims of extralegal killings and enforced disappearances the protection needed along with the promise of vindication for their rights. Also, it empowers Philippine 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. As such, the writ of Amparo can be filed, with any courts in the Philippines at any given time—regional trial courts, Sandigan, Court of Appeals, the Supreme Court or any justice of such courts. Moreover, the writ is enforceable anywhere in the country. The writ shall hold public authorities, who have taken an oath to defend the constitution and enforce our laws, accountable to the Filipino people.

The writ of Amparo is said to be more powerful than the writ of Habeas Corpus as the former is a protection against erring public servants and officials and does not require that a person be in custody before it is invoked, while the latter is a protection for an individual who is in custody from being held without charge or cause for extended periods of time.

The rules take effect on October 24, 2007, a month after it was promulgated by the Supreme court. However, the remedy is applicable to cases pending at the time of its effectivity.

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