Last October 24, 2007, a month after its issuance by the Philippines’ highest judicial body, the right to petition for a writ of amparo officially took effect. Immediately after, a total of three (3) writs of amparo have been granted by the Philippine Supreme Court.

The writs were issued in the cases of missing University of the Philippines (UP) students Karen Empeño and Sherlyn Cadapan and farmer Manuel Merino; brothers Raymond and Reynaldo Manalo who escaped from military detention last September; and Lourdes Rubrico of the Ugnayan ng Maralita para sa Gawa at Adhikain , who was said to be unlawfully detained by members of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP).

The respondents in all three cases include the highest official of the land, President Gloria Macapagal-Arroyo and members of the AFP and PNP. In the case of the two missing university students, the respondents were directed to either explain or file a return stating whether or not they were holding the two students in their custody. In the case of the Manalo brothers, the respondents were directed to answer charges of whether or not indeed they had abducted and tortured the brothers.

In the interest of expediency, the high tribunal gave President Arroyo and the members of the armed forces on or before November 6 to return the writ which should include a detailed explanation and proof supporting any form of denials to the allegations made by the petitioners.

In the case the two UP students and the farmer, the high court ordered the consolidation of the petition for a writ of amparo with the families’ pending petition for a writ of habeas corpus, filed earlier with the Court of Appeals.

In a landmark decision, the writ of amparo was promulgated by the Philippine Supreme Court on September 25, 2007. It is considered to be the greatest remedy available to any person whose right to life, liberty and security has been violated or is threatened with violation by an unlawful act or omission by public officials or employees and also by private individuals or entities. It was issued by the Supreme Court in response to the widespread occurrence of extrajudicial killings and enforced disappearances. Leftist groups have claimed that to date, more than 800 Filipinos have either been victims of political killings or are desaparecidos.

The writ of amparo reinforces the writ of habeas corpus. With the writ of amparo in place, members of the armed forces and other officials and respondents in question can no longer merely issue denials, which have always resulted in the dismissal of habeas corpus cases for missing persons. The writ also ensures more action and accountability from the respondents.

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