Rules on the Writ of Amparo and Habeas Data

Historically, the Philippine habeas corpus (1901 to the present) has not provided an effective remedy for victims of extrajudicial executions and desaparecidos. Amparo de libertad goes beyond the protection of habeas corpus. Once a legal action is brought under habeas corpus, rule 102, court order, the defendants, the government officials, would simply present the usual defense of the alibi or non-bodyguard to be presented. [21] [22] However, the Philippine Constitution of 1987 expressly authorizes the Supreme Court of the Philippines to promulgate amparo and habeas data, as part of the judicial code: “Enact rules concerning the protection and enforcement of constitutional rights.” (§ 5 paragraph 5, Article VIII, 1987, Constitution) [23] [24] The writ of amparo (also called recurso de amparo or juicio de amparo) is a legal remedy for the protection of constitutional rights existing in some jurisdictions. In some jurisdictions, particularly those in the Spanish-speaking world, amparo recourse or action is an effective and cost-effective tool for protecting the rights of individuals. “DND is confident that the allegations made by Karapatan and Gabriela in relation to Amparo`s complaint and habeas data in court will prove to be false,” DND said in a statement. According to the rules of the Supreme Court, amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened by an unlawful act or omission of a public official or employee or a private person or institution. The presentation focuses on extrajudicial executions and enforced disappearances or threats of enforced disappearance. The writ of habeas Data extends to those who collect, collect or store data or information about the person, family, domicile and correspondence of the injured party. The Philippine Constitution of 1987 is derived from the Ferdinand-Marcos Constitution of 1973, its 1981 amendment, the 1935 Constitution, and the United States Constitution. The U.S. Constitution was adopted in its original form on September 17. It was passed by the Constitutional Convention in Philadelphia, Pennsylvania, in 1787, and then ratified by conventions in each state on behalf of the “people.” The Constitution of the United States is the oldest written national constitution, with the exception of the San Marino Statute of 1600, whose status as a true constitution is disputed by scholars.

The amparo order is a legal remedy to enforce fundamental rights. “Among the various procedures put in place to protect human rights, the main ones that provide direct and immediate protection are habeas corpus and amparo. The difference between these two trials is that habeas corpus is used to enforce the person`s right to liberty, while amparo serves to protect other fundamental human rights enshrined in the Constitution but not covered by the writ of habeas corpus arrest. [33] [34] On 25. In September 2007, the President of the Supreme Court, Reynato Puno, officially announced the approval or promulgation of the amparo ordinance: “Today, the Supreme Court promulgated the rule that will place the constitutional right to life, liberty and security above violation and threat of violation. This rule will provide victims of extrajudicial executions and enforced disappearances with the protection they need and the promise to justify their rights. This rule empowers our courts to grant remedies that can be granted through judicial protection, production, inspection and other remedies to protect life and liberty. The purpose of the amparo ordinance is to oblige public authorities, those who have taken an oath to defend the Constitution and apply our laws, to a high standard of official conduct and to hold them accountable to our people.

The sovereign Filipino people must be assured that if their right to life and liberty is threatened or violated, they will find justice in our courts. [36] If the defendant does not file a statement, the court, judge or judge decides ex parte on the application. The hearing on the petition is brief. The hearing takes place on a day-to-day basis until it is completed and has the same priority as habeas corpus applications. Chief Justice Reynato Puno noted that the Amparo model was borrowed from Mexico: Amparo`s law is a Mexican legal process for the protection of human rights. [7] Of Mexican origin, “amparo” literally means “protection” in Spanish. [8] Tocqueville`s “Democracy in America” had been available in Mexico in 1837, and its description of the practice of judicial review in the United States pleased many Mexican jurists. [9] Mexican Judge Manuel Crescencio Rejón drafted a constitutional provision for his home state, Yucatan, that empowered jurists to protect all persons in the exercise of their constitutional and legal rights.