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]