ANNOTATION TO THE Philippine Constitution, the definition of judicial

WRIT OF AMPARO power was expanded to

include the duty of the courts of justice to
The Writ of Amparo. The nature and time- settle actual controversies
tested role of amparo has involving rights which are legally demandable
shown that it is an effective and inexpensive and enforceable, and to
instrument for the protection of determine whether or not there has been a
constitutional rights.1 Amparo, literally to grave abuse of discretion
protect, originated in Mexico amounting to lack or excess of jurisdiction on
and spread throughout the Western the part of any branch or
Hemisphere where it has gradually instrumentality of the Government. The second
evolved into various forms, depending on the clause, otherwise known as
particular needs of each 1 Adolfo S. Azcuna, The Writ of Amparo: A
country.2 It started as a protection against acts Remedy to Enforce Fundamental Rights, 37
or omissions of public ATENEO L.J. 15 (1993).
authorities in violation of constitutional rights. 2 See Article 107 of the Constitution of Mexico;
Later, however, the writ Article 28 (15) of the Constitution of
evolved for several purposes:3 Ecuador; Article 77 of the Constitution of
(1) For the protection of personal freedom, Paraguay; Article 43 of the Constitution of
equivalent to the Argentina; Article 49 of the Constitution of
habeas corpus writ (called amparo libertad); Venezuela; Article 48(3) of the Constitution
(2) For the judicial review of the of Costa Rica; and Article 19 of the Constitution
constitutionality of of Bolivia.
statutes (called amparo contra leyes); 3 Supra note 1.
(3) For the judicial review of the 2
constitutionality and the Grave Abuse Clause, accords the same
legality of a judicial decision (called amparo general protection to human
casacion); rights given by the amparo contra leyes, amparo
(4) For the judicial review of administrative casacion and amparo
actions (called administrativo.
amparo administrativo); and Amparo contra leyes, amparo casacion and
(5) For the protection of peasants rights amparo administrativo
derived from the are also recognized in form by the 1987
agrarian reform process (called amparo agrario). Philippine Constitution.
The writ of amparo has been constitutionally Specifically, under Article VIII, Section 5, the
adopted by Latin Supreme Court has explicit
American countries, except Cuba, to protect review powers over judicial decisions akin to
against human rights abuses amparo casacion. To wit,
especially during the time they were governed Section 5 (2) provides that the Supreme Court
by military juntas. Generally, shall have power to [r]eview,
these countries adopted the writ to provide for revise, reverse, modify, or affirm on appeal or
a remedy to protect the whole certiorari, as the law or the
range of constitutional rights, including socio- Rules of Court may provide, final judgments and
economic rights. orders of lower courts.4
In the Philippines, the Constitution does not And in paragraph (a) of Section 5(2) it is also
explicitly provide for the explicitly provided that the
writ of amparo. However, several of the amparo Supreme Court shall have, like amparo contra
protections are available leyes, the power to review
under our Constitution. Thus, pursuant to [a]ll cases in which the constitutionality or
Article VIII, Section 1 of the 1987 validity of any treaty,
international or executive agreement, law, Committee on Revision of the Rules of Court
presidential decree, proclamation, agreed that the writ of amparo
order, instruction, ordinance, or regulation is in should not be as comprehensive and all-
question.5 encompassing as the ones found in
Amparo libertad is comparable to the remedy of some American countries, especially Mexico.
habeas corpus. Our These nations are
Rules of Court has adopted the old English rule 4 1987 PHIL. CONST. Art.VIII, 5(2).
on the writ of habeas corpus 5 1987 PHIL. CONST. Art.VIII, 5(2)(a).
to protect the right to liberty of individuals. 6 1987 PHIL. CONST. Art. III 13 & 15.
There are also constitutional 7 1987 PHIL. CONST. Art. VII, 18.
provisions recognizing habeas corpus, i.e. Article 8 1987 PHIL. CONST. Art. VIII, 5 (1).
III, Sections 13 and 15;6 9 1987 PHIL. CONST. Art. VIII, 5(5).
Article VII, Section 18;7 and Article VIII, Section 3
5, Paragraph 1.8 understandably more advanced in their laws as
The Rules of Court provide the procedure to well as in their procedures
protect constitutional with respect to the scope of this extraordinary
rights. Rule 65 embodies the Grave Abuse writ. The Committee decided
Clause, while Rule 102 governs that in our jurisdiction, this writ of amparo
petition for habeas corpus. Notably, the various should be allowed to evolve
socio-economic rights through time and jurisprudence and through
granted by the Constitution are enforced by substantive laws as they may be
specific provisions of the Rules promulgated by Congress.
of Court, such as the rules on injunction, The highlights of the proposed Rule, section by
prohibition, etc. section, are as
The 1987 Constitution enhanced the protection follows:
of human rights by SECTION 1. Petition. The petition for a writ of
giving the Supreme Court the power to amparo is a remedy available to any person
[p]romulgate rules concerning the whose right to
protection and enforcement of constitutional life, liberty and security is violated or
rights9 This rule-making threatened with
power unique to the present Constitution, is the violation by an unlawful act or omission of a
result of our experience public official
under the dark years of the martial law regime. or employee, or of a private individual or
Heretofore, the protection of entity.
constitutional rights was principally lodged with The writ shall cover extralegal killings and
Congress through the enforced
enactment of laws and their implementing rules disappearances or threats thereof.
and regulation. The 1987 Philippine Version. Since the writ of amparo is
Constitution, however, gave the the Supreme still undefined under
Court the additional power to our Constitution and Rules of Court, Section 1
promulgate rules to protect and enforce rights enumerates the constitutional
guaranteed by the rights protected by the writ, i.e., only the right
fundamental law of the land. to life, liberty and security of
In light of the prevalence of extralegal killing persons. In other jurisdictions, the writ protects
and enforced all constitutional rights. The
disappearances, the Supreme Court resolved to reason for limiting the coverage of its protection
exercise for the first time its only to the right to life,
power to promulgate rules to protect our liberty and security is that other constitutional
peoples constitutional rights. Its rights of our people are
already enforced through different remedies.
Be that as it may, the Philippine amparo law.
encapsulates a broader SEC. 2. Who May File. The petition may be
coverage. Whereas in other jurisdictions the filed by
writ covers only actual the aggrieved party or by any qualified person
violations, the Philippine version is more or entity in
protective of the right to life, the following order:
liberty and security in the sense that it covers (a) Any member of the immediate family,
both actual and threatened namely:
violations of such rights. Further, unlike other the spouse, children and parents of the
writs of amparo that aggrieved party;
provide protection only against unlawful acts or (b) Any ascendant, descendant or collateral
omissions of public officials relative
or employees, our writ covers violations of the aggrieved party within the fourth civil
committed by private individuals degree of
or entities. Entities refer to artificial persons, consanguinity or affinity, in default of those
as they are also capable of mentioned in
perpetrating the act or omission. the preceding paragraph; or
The writ covers extralegal killings and enforced (c) Any concerned citizen, organization,
disappearances or association
threats thereof. Extralegal killings10 are or institution, if there is no known member of
killings committed without due the
process of law, i.e. without legal safeguards or immediate family or relative of the aggrieved
judicial proceedings. As party.
such, these will include the illegal taking of life The filing of a petition by the aggrieved party
regardless of the motive, suspends the right of all other authorized
summary and arbitrary executions, salvagings parties to file
even of suspected criminals, similar petitions. Likewise, the filing of the
and threats to take the life of persons who are petition by an
openly critical of erring authorized party on behalf of the aggrieved
government officials and the like.11 On the party suspends
other hand, enforced the right of all others, observing the order
disappearances12 are attended by the established
following characteristics: an arrest, herein.
detention or abduction of a person by a Who May File. This section provides the order
government official or organized which must be
groups or private individuals acting with the followed by those who can sue for the writ. It is
direct or indirect acquiescence necessary for the orderly
10 As the term is used in United Nations administration of justice. First, the right to sue
Instruments. belongs to the person whose
11 Such as media persons for example. right to life, liberty and security is being
12 As defined in the Declaration on the threatened by an unlawful act or
Protection of All Persons from Enforced omission of a public official or employee or of a
Disappearances. private individual or entity
4 (the aggrieved party). However, in cases where
of the government; the refusal of the State to the whereabouts of the
disclose the fate or aggrieved party is unknown, the petition may be
whereabouts of the person concerned or a filed by qualified persons or
refusal to acknowledge the entities enumerated in the Rule (the authorized
deprivation of liberty which places such persons party). A similar order of
outside the protection of
priority of those who can sue is provided in our Appeals or any of their justices, it may be
rules implementing the law returnable before
on violence against women and children in such court or any justice thereof, or to any
conflict with the law. Regional Trial
The reason for establishing an order is to Court of the place where the threat, act or
prevent the indiscriminate omission was
and groundless filing of petitions for amparo committed or any of its elements occurred.
which may even prejudice the When issued by the Supreme Court or any of
right to life, liberty or security of the aggrieved its
party. For instance, the justices, it may be returnable before such Court
immediate family may be nearing the point of or any
successfully negotiating with justice thereof, or before the Sandiganbayan or
the respondent for the release of the aggrieved the Court of
party. An untimely resort to Appeals or any of their justices, or to any
the writ by a nonmember of the family may Regional Trial
endanger the life of the Court of the place where the threat, act or
aggrieved party. omission was
The Committee is aware that there may also be committed or any of its elements occurred.
instances wherein the Day and Time of Filing. Due to the
qualified members of the immediate family or extraordinary nature of the writ
relatives of the aggrieved which protects the mother of all rights -- the
party might be threatened from filing the right to life -- the petition may
petition. As the right to life, liberty be filed on any day, including Saturdays,
and security of a person is at stake, this section Sundays and holidays; and at any
shall not preclude the filing time, from morning until evening.
by those mentioned in paragraph (c) when Courts Where Petition May Be Filed. This
authorized by those mentioned in section is basically
paragraphs (a) or (b) when circumstances similar to the Rule on petitions for the writ of
require. habeas corpus. It is, however,
5 different because it includes the Sandiganbayan
SEC. 3. Where to File. The petition may be for the reason that public
filed on officials and employees will be respondents in
any day and at any time with the Regional Trial amparo petitions. It will be
Court of noted that the amparo petition has to be filed
the place where the threat, act or omission with the Regional Trial Court
was committed where the act or omission was committed or
or any of its elements occurred, or with the where any of its elements
Sandiganbayan, occurred. The intent is to prevent the filing of
the Court of Appeals, the Supreme Court, or the petition in some far-flung
any justice of area to harass the respondent. Moreover,
such courts. The writ shall be enforceable allowing the amparo petition to be
anywhere in the filed in any Regional Trial Court may prejudice
Philippines. the effective dispensation of
When issued by a Regional Trial Court or any justice, as in most cases, the witnesses and the
judge evidence are located within
thereof, the writ shall be returnable before the jurisdiction of the Regional Trial Court
such court or where the act or omission was
judge. committed.
When issued by the Sandiganbayan or the Designation. Originally, the draft Rule required
Court of the petition to be filed
in the RTC that had jurisdiction over the unlawful act or omission of the respondent,
offense. However, the and how such
Committee felt that the use of the word threat or violation is committed with the
jurisdiction might be construed as attendant
vesting new jurisdiction in our courts, an act circumstances detailed in supporting affidavits;
that can only be done by (d) The investigation conducted, if any,
Congress. The use of the word jurisdiction specifying
was discontinued, for the Rule the names, personal circumstances, and
merely establishes a procedure to enforce the addresses of the
right to life, liberty or security investigating authority or individuals, as well as
of a person and, undoubtedly the Court has the the manner
power to promulgate and conduct of the investigation, together with
6 any report;
procedural rules to govern proceedings in our (e) The actions and recourses taken by the
courts without disturbing their petitioner to determine the fate or
jurisdiction. whereabouts of the
SEC. 4. No Docket Fees. The petitioner shall aggrieved party and the identity of the person
be responsible
exempted from the payment of the docket and for the threat, act or omission; and
other lawful (f) The relief prayed for.
fees when filing the petition. The court, justice The petition may include a general prayer for
or judge other
shall docket the petition and act upon it just and equitable reliefs.
immediately. Contents of the Petition. The petition should be
Liberalized Docket Fees. The Committee verified to enhance
exempted petitioners from the truthfulness of its allegations and to prevent
payment of docket and other lawful fees in filing groundless suits.
an amparo petition, for this Paragraphs (a) and (b) are necessary to identify
extraordinary writ involves the protection of the the petitioner and the
right to life, liberty and respondent. The respondent may be given an
security of a person. The enforcement of these assumed appellation such as
sacrosanct rights should not John Doe, as long as he or she is particularly
be frustrated by lack of finances. described (descriptio
SEC. 5. Contents of Petition. The petition personae). Paragraph (c) requires the petitioner
shall be to allege the cause of action
signed and verified and shall allege the in as complete a manner a possible. The
following: requirement of affidavit was added,
(a) The personal circumstances of the and it can be used as the direct testimony of the
petitioner; affiant. Affidavits can
(b) The name and personal circumstances of facilitate the resolution of the petition,
the consistent with the summary nature
respondent responsible for the threat, act or of the proceedings. Paragraph (d) is necessary
omission, or, if to determine whether the act
the name is unknown or uncertain, the 7
respondent may be or omission of the respondent satisfies the
described by an assumed appellation; standard of conduct set by this
(c) The right to life, liberty and security of the Rule. Paragraph (e) is intended to prevent the
aggrieved party violated or threatened with premature use, if not misuse,
violation by an of the writ for a fishing expedition.
SEC. 6. Issuance of the Writ. Upon the filing served upon the respondent by a judicial
of the officer or by a
petition, the court, justice or judge shall person deputized by the court, justice or judge
immediately order who shall
the issuance of the writ if on its face it ought to retain a copy on which to make a return of
issue. The service. In case
clerk of court shall issue the writ under the the writ cannot be served personally on the
seal of the respondent, the
court; or in case of urgent necessity, the justice rules on substituted service shall apply.
or the judge Manner of Service. The writ should be served
may issue the writ in his or her own hand, and against the respondent,
may deputize preferably in person. If personal service cannot
any officer or person to serve it. be made, the rules on
The writ shall also set the date and time for substituted service shall apply. This will avoid
summary the situation where the
hearing of the petition which shall not be later respondent would be conveniently assigned on
than seven a secret mission to frustrate
(7) days from the date of its issuance. personal service.
Issuance. The writ is issued as a matter of SEC. 9. Return; Contents. Within seventy-two
course when on the face of (72)
the petition it ought to issue. The writ will hours after service of the writ, the respondent
require respondent to file his shall file a
return, which is the comment or answer to the 8
petition. If the petitioner is verified written return together with
able to prove his cause of action after the supporting affidavits
hearing, the privilege of the writ which shall, among other things, contain the
of amparo shall be granted, i.e., the court will following:
grant the petitioner his (a) The lawful defenses to show that the
appropriate reliefs. respondent did not violate or threaten with
The provision requires that the writ should set violation the
the date of hearing of right to life, liberty and security of the
the petition to expedite its resolution. The aggrieved party,
amparo proceedings enjoy through any act or omission;
priority and cannot be unreasonably delayed. (b) The steps or actions taken by the
SEC. 7. Penalty for Refusing to Issue or Serve respondent to
the Writ. determine the fate or whereabouts of the
A clerk of court who refuses to issue the writ aggrieved party
after its and the person or persons responsible for the
allowance, or a deputized person who refuses threat, act or
to serve the omission;
same, shall be punished by the court, justice or (c) All relevant information in the possession of
judge for the
contempt without prejudice to other respondent pertaining to the threat, act or
disciplinary actions. omission against
Penalties. The provision is a modified version of the aggrieved party; and
a similar provision (d) If the respondent is a public official or
in Rule 102, governing petitions for a writ of employee, the return shall further state the
habeas corpus. actions that
SEC. 8. How the Writ is Served. The writ shall have been or will still be taken:
be (i) to verify the identity of the
aggrieved party; defenses shall be raised in the return,
(ii) to recover and preserve evidence otherwise, they shall
related to the death or disappearance of the be deemed waived.
person identified in the petition which may aid Waiver. This section is in consonance with the
in the prosecution of the person or persons summary nature of the
responsible; proceedings and to prevent its delay.
(iii) to identify witnesses and obtain SEC. 11. Prohibited Pleadings and Motions.
statements from them concerning the death or The
disappearance; following pleadings and motions are
(iv) to determine the cause, manner, prohibited:
location and time of death or disappearance as (a) Motion to dismiss;
well as any pattern or practice that may have (b) Motion for extension of time to file return,
brought about the death or disappearance; opposition, affidavit, position paper and other
(v) to identify and apprehend the pleadings;
person or persons involved in the death or (c) Dilatory motion for postponement;
disappearance; and (d) Motion for a bill of particulars;
(vi) to bring the suspected offenders (e) Counterclaim or cross-claim;
before a competent court. (f) Third-party complaint;
The return shall also state other matters (g) Reply;
relevant to (h) Motion to declare respondent in default;
the investigation, its resolution and the (i) Intervention;
prosecution of the (j) Memorandum;
case. (k) Motion for reconsideration of interlocutory
A general denial of the allegations in the orders
petition shall or interim relief orders; and
not be allowed. (l) Petition for certiorari, mandamus or
Contents of the Return. The section requires a prohibition
detailed return. The against any interlocutory order.
detailed return is important, for it will help Prohibited Pleadings. The enumerated
determine whether the pleadings and motions are
respondent fulfilled the standard of conduct prohibited, so that the proceedings in the
required by the Rule. It will hearing shall be expedited. The
also avoid the ineffectiveness of the writ of Committee noted that since the right to life,
habeas corpus, where often the liberty and security of a person
respondent makes a simple denial in the return is at stake, the proceedings should not be
that he or she has custody delayed.
9 This section is similar to that found in the Rule
over the missing person, and the petition is on Violence Against
dismissed. The requirements Women and Children in Conflict with the Law
under paragraph (d) are based on United (VAWC).14 However, unlike
Nations standards.13 in VAWC, this Rule allows the filing of motions
No General Denial. No general denial is for new trial and petitions
allowed. The policy is to for relief from judgment. The Committee
require revelation of all evidence relevant to the decided that the denial of these
resolution of the petition. A remedies may jeopardize the rights of the
litigation is not a game of guile but a search for aggrieved party in certain
truth, which alone is the instances and should not be countenanced.
basis of justice. 13 See Art. III, United Nations Manual on the
SEC. 10. Defenses Not Pleaded Deemed Effective Prevention and Investigation of
Waived. All Extra-Legal, Arbitrary and Summary Executions.
14 See A.M. No. 04-10-11-SC, Section 22. or at any time before final judgment, the court,
10 justice or
No Motion to Dismiss. The filing of a motion to judge may grant any of the following reliefs:
dismiss even on the Interim Reliefs. The interim reliefs available to
ground of lack of jurisdiction over the subject the parties are distinct
matter and the parties is features of the writ of amparo. Some of these
proscribed. The reason is to avoid undue delay. reliefs can be given
The grounds of a motion to immediately after the filing of the petition motu
dismiss should be included in the return and proprio or at any time
resolved by the court, using its before final judgment.
reasonable discretion as to the time and merit (a) Temporary Protection Order. The court,
of the motion. justice
SEC. 12. Effect of Failure to File Return. In or judge, upon motion or motu proprio, may
case order that the
the respondent fails to file a return, the court, petitioner or the aggrieved party and any
justice or member of the
judge shall proceed to hear the petition ex immediate family be protected in a
parte. government agency or
Ex Parte Hearing. The Committee decided that by an accredited person or private institution
the hearing should capable of
not be delayed by the failure of the respondent keeping and securing their safety. If the
to file a return, otherwise the petitioner is an
right to life, liberty and security of a person organization, association or institution referred
would be easily frustrated. to in
SEC. 13. Summary Hearing. The hearing on Section 2(c) of this Rule, the protection may be
the extended to
petition shall be summary. However, the court, the officers concerned.
justice or The Supreme Court shall accredit the persons
judge may call for a preliminary conference to and
simplify the private institutions that shall extend temporary
issues and determine the possibility of protection
obtaining stipulations to the petitioner or the aggrieved party and
and admissions from the parties. any member of
The hearing shall be from day to day until 11
completed the immediate family, in accordance with
and given the same priority as petitions for guidelines which
habeas corpus. it shall issue.
Summary Nature. The amparo hearing is The accredited persons and private institutions
summary in nature and held shall
from day to day until completed, for time comply with the rules and conditions that may
cannot stand still when life, liberty be imposed
or security is at stake. Be that as it may, the by the court, justice or judge.
court, justice or judge, using Temporary Protection Order. The grant of a
reasonable discretion, may conduct a temporary protection
preliminary conference, if such order to the petitioner or the aggrieved party
conference will aid in the speedy disposition of and any member of the
the petition. immediate family is essential because their lives
SEC. 14. Interim Reliefs. Upon filing of the and safety may be at higher
petition risk once they file the amparo petition.
The temporary protection order and witness to determine the merit of the opposition.
protection order are The movant must show that the inspection
distinguishable from the inspection order and order is
production order in that there necessary to establish the right of the
is no need for verification of these motions. aggrieved party
Moreover, unlike the latter, the alleged to be threatened or violated.
temporary protection order and witness The inspection order shall specify the person
protection order may be issued motu or
proprio or ex parte, without need of a hearing persons authorized to make the inspection and
in view of their urgent the date,
necessity. time, place and manner of making the
To make the temporary protection order as inspection and may
broad and as effective as prescribe other conditions to protect the
possible, the Committee decided to include not constitutional
only government agencies, rights of all parties. The order shall expire five
but also accredited persons and private (5) days
institutions. For reasons of their 12
own, some aggrieved persons refuse to be after the date of its issuance, unless extended
protected by government for justifiable
agencies; hence, the need to add persons and reasons.
private institutions. To ensure Inspection Order. The sensitive nature of an
their capability, the Supreme Court shall inspection order
accredit these persons and private requires that it shall be the subject of a motion
institutions. and shall be duly heard. It
(b) Inspection Order. The court, justice or may be availed of by both the petitioner and the
judge, respondent. To prevent its
upon verified motion and after due hearing, misuse, the Rule requires that the motion also
may order any state in sufficient detail the
person in possession or control of a designated place or places to be inspected. It should also
land or other be under oath and should have
property, to permit entry for the purpose of supporting affidavits. The inspection order shall
inspecting, specify the persons
measuring, surveying, or photographing the authorized to make the inspection as well as the
property or date, time, place and manner
any relevant object or operation thereon. of making the inspection. Other conditions may
The motion shall state in detail the place or be imposed to protect the
places to rights of the parties. The order has a limited
be inspected. It shall be supported by affidavits lifetime of five days, but can be
or extended under justifiable circumstances.
testimonies of witnesses having personal If the court, justice or judge gravely abuses his
knowledge of the or her discretion in
enforced disappearance or whereabouts of the issuing the inspection order, as when it will
aggrieved compromise national security,
party. the aggrieved party is not precluded from filing
If the motion is opposed on the ground of a petition for certiorari with
national the Supreme Court, which, under the
security or of the privileged nature of the Constitution, may not be deprived of
information, the its certiorari jurisdiction.
court, justice or judge may conduct a hearing (c) Production Order. The court, justice or
in chambers judge,
upon verified motion and after due hearing, witnesses to other government agencies, or to
may order any accredited
person in possession, custody or control of any persons or private institutions capable of
designated keeping and
documents, papers, books, accounts, letters, securing their safety.
photographs, Witness Protection Order. The witness
objects or tangible things, or objects in protection order may be
digitized or issued upon motion or motu proprio. The
electronic form, which constitute or contain witness may be referred to the
evidence DOJ pursuant to Republic Act No. 6981. If the
relevant to the petition or the return, to witness cannot be
produce and permit accommodated by the DOJ or the witness
their inspection, copying or photographing by refuses the protection of the DOJ,
or on behalf the court, justice or judge may refer the witness
of the movant. to another government
The motion may be opposed on the ground of agency or to an accredited person or private
national institution.
security or of the privileged nature of the SEC. 15. Availability of Interim Reliefs to
information, in Respondent.
which case the court, justice or judge may Upon verified motion of the respondent and
conduct a after due
hearing in chambers to determine the merit of hearing, the court, justice or judge may issue
the an inspection
opposition. order or production order under paragraphs (b)
The court, justice or judge shall prescribe other and (c) of
conditions to protect the constitutional rights the preceding section.
of all the A motion for inspection order under this
parties. section shall
Production Order. Like the inspection order, the be supported by affidavits or testimonies of
production order is witnesses
available to both the petitioner and respondent having personal knowledge of the defenses of
and, considering its sensitive the
nature, is only granted upon motion and after respondent.
hearing. The phrase objects Interim Reliefs of Respondent. This section
in digitized or electronic form was added to enumerates the interim
cover electronic evidence, reliefs that may be availed of by the respondent,
since the documents involved may be stored in which are the inspection
digital files. and production orders.
(d) Witness Protection Order. The court, The interim reliefs will ensure fairness in the
justice or proceedings, since there
judge, upon motion or motu proprio, may refer may be instances in which the respondents
the witnesses would need to avail themselves
to the Department of Justice for admission to of these reliefs to protect their rights or to
the Witness prove their defenses, i.e., when
Protection, Security and Benefit Program, they allege that the aggrieved party is located
pursuant to elsewhere, or when vital
Republic Act No. 6981. documents proving their defenses are in the
13 possession of other persons.
The court, justice or judge may also refer the SEC. 16. Contempt. The court, justice or judge
may
order the respondent who refuses to make a public respondent to highlight the difference in
return, or who the diligence requirement for
makes a false return, or any person who a public official or employee. Public officials or
otherwise disobeys employees are charged
or resists a lawful process or order of the court, with a higher standard of conduct because it is
to be their legal duty to obey the
punished for contempt. The contemnor may be Constitution, especially its provisions protecting
imprisoned the right to life, liberty and
or imposed a fine. security. The denial of the presumption that
Contempt. The power to cite for contempt is an official duty has been regularly
inherent power of a performed is in accord with current
court to compel obedience to its orders and to jurisprudence on custodial interrogation
preserve the integrity of the and search warrant cases.
judiciary. A finding of contempt of court may SEC. 18. Judgment. The court shall render
result from a refusal to make a judgment within ten (10) days from the time
return; or, if one is filed, it is false and the petition is
tantamount to not making a return; submitted for decision. If the allegations in the
disobedience to a lawful order; and resistance petition are
to a lawful process. A fine or proven by substantial evidence, the court shall
an imprisonment may be imposed on a person grant the
found guilty of contempt of privilege of the writ and such reliefs as may be
court in accordance with the Rules of Court. proper and
14 appropriate; otherwise, the privilege shall be
SEC. 17. Burden of Proof and Standard of denied.
Diligence Speedy Judgment. The court, justice or judge is
Required. The parties shall establish their obliged to render
claims by judgment within ten (10) days after submission
substantial evidence. of the petition for decision.
The respondent who is a private individual or The short period is demanded by the
entity extraordinary nature of the writ.
must prove that ordinary diligence as required SEC. 19. Appeal. Any party may appeal from
by the
applicable laws, rules and regulations was final judgment or order to the Supreme Court
observed in the under Rule
performance of duty. 45. The appeal may raise questions of fact or
The respondent who is a public official or law or both.
employee The period of appeal shall be five (5) working
must prove that extraordinary diligence as days
required by from the date of notice of the adverse
applicable laws, rules and regulations was judgment.
observed in the The appeal shall be given the same priority as
performance of duty. habeas
The respondent public official or employee corpus cases.
cannot Appeal. The provision allows an appeal from
invoke the presumption that official duty has final judgments or
been regularly orders through Rule 45. The Committee
performed to evade responsibility or liability. considered Rule 41 as a mode of
Diligence Standard. The distinction is made appeal, but a consensus was reached that Rule
between a private and a 45 would best serve the
nature of the writ of amparo. The Rule 45 or the lives of their witnesses, the court will not
appeal here, however, is dismiss the petition but will
different, because it allows questions not only archive it. The parties will be notified before a
of law but also of fact to be case is archived, as the order
raised. The Committee felt that an amparo has to be justified by a good reason, to be
proceeding essentially involves a determined after hearing.
15 Archiving can be ordered only during the
determination of facts considering that its pendency of the case. The case
subject is extralegal killings or may be revived within two years from its
enforced disappearances, hence, a review of archiving. After two years, it may
errors of fact should be allowed. be dismissed for failure to prosecute. Since it is
The disposition of appeals dealing with amparo the petitioner who would be
cases shall be prioritized prejudiced by its final dismissal, the two-year
like habeas corpus cases. prescriptive period is reckoned
SEC. 20. Archiving and Revival of Cases. The from the date of notice to the petitioners of the
court order of archiving. Two
shall not dismiss the petition, but shall archive years is deemed a reasonable time for the
it, if upon its aggrieved parties to prosecute their
determination it cannot proceed for a valid petition.
cause such as SEC. 21. Institution of Separate Actions. This
the failure of petitioner or witnesses to appear Rule
due to shall not preclude the filing of separate
threats on their lives. criminal, civil or
A periodic review of the archived cases shall be administrative actions.
made Prerogative Writ. The writ of amparo partakes
by the amparo court that shall, motu proprio of the nature of a
or upon motion prerogative writ. It is not a criminal, civil, or
by any party, order their revival when ready for administrative suit. Hence, it
further does not suspend the filing of criminal, civil or
proceedings. The petition shall be dismissed administrative actions.
with prejudice, Originally, the Committee included a provision
upon failure to prosecute the case after the allowing a claim for
lapse of two (2) damages. It dropped the provision for fear that
years from notice to the petitioner of the order such a claim would unduly
archiving delay the proceeding, considering the possibility
the case. of counterclaims and crossclaims
The clerks of court shall submit to the Office of being set up. Delay would defeat the summary
the nature of the amparo
Court Administrator a consolidated list of 16
archived cases proceeding. It was decided that the aggrieved
under this Rule, not later than the first week of party should instead file in a
January of claim in a proper civil action.
every year. Similarly, the amparo proceeding is not criminal
Liberalized Rule on Dismissal. The rule on in nature and will
dismissal due to failure not determine the criminal guilt of the
to prosecute is liberalized. If petitioners cannot respondent. However, if the evidence
proceed to prove their so warrants, the amparo court may refer the
allegations for a justifiable reason like the case to the Department of
existence of a threat to their lives Justice for criminal prosecution.
SEC. 22. Effect of Filing of a Criminal Action. continue to govern the disposition of the reliefs
When for amparo after
a criminal action has been commenced, no consolidation.
separate petition SEC. 24. Substantive Rights. This Rule shall
for the writ shall be filed. The reliefs under the not
writ shall diminish, increase or modify substantive rights
be available by motion in the criminal case. recognized
The procedure under this Rule shall govern the and protected by the Constitution.
disposition of the reliefs available under the No Diminution, Increase or Modification of
writ of amparo. Substantive Rights.
Effect of Criminal Proceeding. This section The rule-making power of the Supreme Court
contemplates the has been expanded in Article
situation where a criminal action has already VIII, Section 5 (5) of the 1987 Constitution. It
been filed, in which case the provides that the Supreme
commencement of the amparo action is barred. 17
This is to avoid the Court shall have the power to [p]romulgate
difficulties that may be encountered when the rules concerning the protection
amparo action is allowed to and enforcement of constitutional rights [which]
proceed separately from the criminal action. shall not diminish, increase,
Two courts trying essentially or modify substantive rights...15
the same subject may issue conflicting orders. The Supreme Court clarified what constitutes
The amparo reliefs, however, are made available procedural rules in
to the aggrieved Fabian v. Desierto, viz:
party through motion in the court where the [T]he test whether the rule really regulates
criminal case is pending. The procedure, that is, the judicial
disposition of such reliefs shall continue to be process for enforcing rights and duties
governed by this Rule. recognized by substantive law and
SEC. 23. Consolidation. When a criminal for justly administering remedy and redress for
action is a disregard or infraction of
filed subsequent to the filing of a petition for them. If the rule takes away a vested right, it is
the writ, the not procedural. If the rule
latter shall be consolidated with the criminal creates a right such as the right to appeal, it
action. may be classified as
When a criminal action and a separate civil substantive matter; but if it operates as a means
action are of implementing an
filed subsequent to a petition for a writ of existing right, then the rule deals merely with
amparo, the latter procedure. 16
shall be consolidated with the criminal action. SEC. 25. Suppletory Application of the Rules of
After consolidation, the procedure under this Court.
Rule The Rules of Court shall apply suppletorily
shall continue to apply to the disposition of the insofar as it is
reliefs in the not inconsistent with this Rule.
petition. Suppletory Application of the Rules of Court.
Consolidation. In case a petition for the writ of The Rules of Court
amparo is filed prior shall supplement the Rule on amparo as far as it
to the institution of a criminal action, or prior to is applicable. This new
a separate civil action, the Rule will prevail and will not be affected by prior
petition shall be consolidated with the criminal inconsistent rules,
action. This Rule shall resolutions, regulations or circulars of the
Supreme Court.
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.
Remedial Nature of the Writ. Since the writ is
remedial in nature, it
is applicable to pending cases of extralegal
killings and enforced
disappearances or threats thereof, both in the
trial and the appellate courts.
SEC. 27. Effectivity. This Rule shall take effect
on
October 24, 2007, following its publication in
three (3)
newspapers of general circulation.
Date of Effectivity. The last section marks the
date of effectivity of
the Rule and its publication requirement. The
Committee deemed it proper
that the birth of the Rule in the Philippines
should coincide with our
celebration of United Nations Day, to manifest a
strong affirmation of our
commitment towards the internationalization of
human rights.
15 1987 PHIL. CONST. Art. VIII, 5, 5 (emphasis
supplied).
16 G.R. No. 129742, September 16, 1998, at 22-
23 citing 32 AM. JUR. 2d, Federal Practice
and Procedure, 505, at 936; People v. Smith,
205 P. 2d 444.