Writ of Amparo and Habeas Data (Philippines)
Encyclopedia
In the Philippines
, amparo and habeas data are prerogative writ
s to supplement the inefficacy of the writ of habeas corpus
(Rule 102, Revised Rules of Court). Amparo
means protection, while habeas data
is access to information. Both writ
s were conceived to solve the extensive Philippine extrajudicial killings and forced disappearances since 1999.
On July 16, 2007, Philippine Chief Justice Reynato Puno
and Justice Adolfo Azcuna
officially declared the legal conception of the Philippine Writ of Amparo – "Recurso de Amparo", at the historic Manila Hotel
National Summit on Extrajudicial Killings and Enforced Disappearances.
On August 25, 2007, Reynato Puno (at the College of Law of Silliman University
in Dumaguete City) declared the legal conception of amparo's twin, the supplemental Philippine Habeas Data. Puno by judicial fiat proclaimed the legal birth of these twin peremptory writs on October, 2007, as his legacy to the Filipino nation. Puno admitted the inefficacy of Habeas Corpus, under Rule 102, Rules of Court, since government officers repeatedly failed to produce the body upon mere submission of the defense of alibi.
By invoking the truth, Habeas Data will not only compel military and government agents to release information about the desaparecidos but require access to military and police files. Reynato Puno's writ of amparo – Spanish for protection—will bar military officers in judicial proceedings to issue denial answers regarding petitions on disappearances or extrajudicial executions, which were legally permitted in Habeas corpus proceedings.
The Supreme Court of the Philippines
announced that the draft guidelines (Committee on Revision of Rules) for the writ of amparo were approved on September 23, to be deliberated by the En Banc Court on September 25.
: the Writ of Amparo is a Mexican legal procedure to protect human rights
. Of Mexican origin, thus, “Amparo” literally means “protection” in Spanish
. de Tocqueville’s "Democracy in America" had been available in Mexico, in 1837 and its description of judicial review
practice in the U.S. appealed to many Mexican jurists. Mexican justice Manuel Crescencio Rejón, drafted a constitutional provision for his native state, Yucatan
, which empowered jurists to protect all persons in the enjoyment of their constitutional and legal rights. This was incorporated into the 1847 national constitution. The great writ proliferated in the Western Hemisphere
, slowly evolving into various fora. Amparo became, in the words of a Mexican Federal Supreme Court Justice, Mexico’s “task of conveying to the world’s legal heritage that institution which, as a shield of human dignity, her own painful history conceived.”
Amparo's evolution and metamorphosis had been witnessed, for several purposes: "(1) amparo libertad for the protection of personal freedom, equivalent to the habeas corpus writ; (2) amparo contra leyes for the judicial review of the constitutionality of statutes; (3) amparo casacion for the judicial review of the constitutionality and legality of a judicial decision; (4) amparo administrativo for the judicial review of administrative actions; and (5) amparo agrario for the protection of peasants’ rights derived from the agrarian reform process."
Latin America
n countries, except Cuba
, used the great writ to protect against human rights abuses especially committed in countries under military juntas, adopting an all-encompassing amparo, even to protect socio-economic rights. But other countries like Colombia, Chile, Germany and Spain, opted to limit amparo shield only to some constitutional guarantees or fundamental rights. In the Philippines, while the 1987 Constitution of the Philippines
failed to expressly provide for amparo, several amparo protections are already guaranteed, thus: by paragraph 2, Article VIII, Section 1, the "Grave Abuse Clause" - which grants a similar general protection to human rights extended by the amparo contra leyes, amparo casacion, and amparo administrativo. Amparo libertad is similar to habeas corpus
in the 1987 Constitution. The Clause is borrowed from the U.S. common law
tradition of judicial review
(1803 case of Marbury v. Madison
).
Justice Adolfo Azcuna, a member of two Constitutional Commissions of 1971, and 1986 previously made a study on the writ amparo as published in the Ateneo Law Journal
(see Adolfo S. Azcuna, The Writ of Amparo: A Remedy to Enforce Fundamental Rights, 37 ATENEO L.J. 15 (1993).).
The "recurso de amparo" is an exhaustive remedy
which originated from Latin America
's Mexican
, Chile
and Argentina
legal systems, inter alia. Mexico's amparo is found in Articles 103 and 107 of the Mexican Constitution -- the judicial review
of governmental action, to empower state courts to protect individuals against state abuses. Amparo was sub-divided into 5 legal departments: the Liberty Amparo (amparo de libertad);
(b) the Constitutionality Amparo (amparo contra leyes);
(c) the Judicial or “Cassation” Amparo, aimed at the constitutionality of a judicial interpretation;
(d) the Administrative Amparo (amparo como contencioso-administrativo); and
(e) the Agrarian Amparo (amparo en matera agraria, ejidal y comunal).
legal systems. It is now an extraordinary legal remedy in Bolivia
, Chile
, Costa Rica
, Ecuador
, El Salvador
, Guatemala
, Honduras
, Nicaragua
, Panama
, Paraguay
Peru
, Brazil
and Argentina
. Amparo in Argentina is a limited, summary, emergency procedure, and merely supplementary, requiring previous exhaustion of administrative remedies before rendition of judgment of mandamus
or injunction
. The decision bars monetary awards and penal provisions except contempt
or declaration of unconstitutionality.
(from 1901 until the present) miserably failed to produce efficacious legal remedy for victims of extrajudicial killings and desaparecidos. The "amparo de libertad" transcends the protection of habeas corpus
. Once a lawsuit
is filed under Habeas Corpus, Rule 102, Rules of Court, the defendants, government officers would merely submit the usual defense of alibi or non-custody of the body sought to be produced.
The 1987 Philippine Constitution
, however, empowers the Supreme Court of the Philippines
to promulgate amparo and Habeas Data
, as part of the Rules of Court expressly: “Promulgate rules concerning the protection and enforcement of constitutional rights.” (Sec. 5, (5), Article VIII, 1987, Constitution)
The writ of habeas corpus is an "extraordinary", "common law
", or "Prerogative writ
", which were historically issued by the courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The most common of the other such prerogative writs are quo warranto
, prohibito, mandamus
, procedendo
, and certiorari
.
The due process for such petitions is not simply civil or criminal, because they incorporate the presumption of nonauthority, so that the official who is the respondent has the burden to prove his authority to do or not do something, failing which the court has no discretion but to decide for the petitioner, who may be any person, not just an interested party.
's 2-day summit at the Manila Hotel
, Metro Manila
to solve extrajudicial killings. Chief Justice Reynato Puno stated that the "National Consultative Summit on Extrajudicial Killings and Forced Disappearances: Searching for Solutions" would help stop the murders. Based on CBCP
- Bishop
Deogracias Yniguez-church's count, the number of victims of extrajudicial killings was record at 778, while survivors of "political assassinations" was 370; 203 "massacre" victims; 186 desaparecido
; 502 tortured, and those illegally arrested.
Puno requested for truce and talks with insurgents
: "Let us rather engage in the conspiracy of hope…and hope for peace." Puno forwarded the summit's recommendation to President Gloria Macapagal-Arroyo
, the Senate of the Philippines
and House of Representatives.
“Extralegal killings” (UN instruments term) are those committed without due process of law, which include summary and arbitrary executions, “salvagings” , hreats to take the life of journalists, inter alia. “Enforced disappearances” (defined by Declaration on the Protection of All Persons from Enforced Disappearances), include: arrest, detention or abduction by a government official or organized groups under the government; the refusal of the State to disclose the fate or whereabouts of missing persons, inter alia.
of amparo, would bar the military plea
of denial (at a speech at the Volunteers Against Crime and Corruption's 9th anniversary, Camp Crame). Under the writ, plaintiffs or victims will have the right of access to information on their lawsuits—a constitutional right called the "habeas data" derived from constitutions of Latin America
. The final draft of these twin writs (retroactive) will be promulgated on October. Puno tersely summed the writs "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."
Puno stated that with the writ of Habeas corpus, the writs of Habeas Data and writ of amparo will further assist "those looking for missing loved ones".
On August 30, 2007, Puno (speech at Silliman University
in Dumaguete City, Negros Oriental
) promised to institute the writ of habeas data (“you should have the idea” or “you should have the data”). Puno explained that amparo bars alibi
, while Habeas Data "can find out what information is held by the officer, rectify or even the destroy erroneous data gathered". Brazil
used the writ, followed by Colombia
, Paraguay
, Peru
, Argentina
and Ecuador
.
The Philippine 1987 Constitution was derived from the 1973 Ferdinand Marcos
Constitution, it's 1981 amendment, from the 1935 constitution, and from the United States Constitution
. The United States Constitution was adopted in its original form on September 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania, and later ratified by conventions in each state in the name of "the People." The U.S. Constitution is the oldest written national constitution except possibly for San Marino 's Statutes of 1600, whose status as a true constitution is disputed by scholars. The Writ of Amparo is a remedy to enforce fundamental rights. “among the different procedures that have been established for the protection of human rights, the primary ones that provide direct and immediate protection are habeas corpus and amparo. The difference between these two writs is that habeas corpus is designed to enforce the right to freedom of the person, whereas amparo is designed to protect those other fundamental human rights enshrined in the Constitution but not covered by the writ of habeas corpus.”
The literal translation from Latin of Habeas Data
is “you should have the data”. Habeas Data is a constitutional right to protect, per lawsuit filed in court, to protect the image, privacy, honour, information self-determination and freedom of information of a person. Habeas Data can used to discover what information is held about his or her person (via rectification or destruction of the personal data held. Habeas Data originated, inter alia, from the Council of Europe’s 108th Convention on Data Protection of 1981 (aimed at protecting the privacy of the individual regarding the automated processing of personal data; with right to access their personal data held in an automated database.
officially announced the 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."
On January 22, 2008, the Supreme En Banc approved the rules for the writ of Habeas Data
("to protect a person’s right to privacy and allow a person to control any information concerning them"), effective on February 2, the Philippines’ Constitution Day. Reynato Puno
traced the history
of Habeas Data
"to the Council of Europe
’s 108th Convention on Data Protection of 1981; Brazil
was the first Latin America
n country to adopt the Writ of Habeas Data in 1988 and was strengthened by its National Congress in 1997; in 1991, Colombia
incorporated Habeas Data in its Constitution; Paraguay
followed in 1992, Peru
in 1993, Argentina
in 1994, and Ecuador
in 1996." In Argentina
, Habeas Data allowed "access to police and military records otherwise closed to them."
The Resolution and the Rule on the Writ of Amparo gave legal birth to Puno's brainchild. No filing or legal fee 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). and as of now..
, on October 7, 2008, rendered its very first amparo decision, affirming the December 26, 2007 Philippine Court of Appeals
judgment in favor of Raymond and Reynaldo Manalo brothers. Reynato Puno
's 49-page unanimous ponencia granted amparo relief to the Manalo brothers who were abducted by the Citizens Armed Forces Geographical Unit (CAFGU) in San Ildefonso
, Bulacan
in February 2006. They escaped on August 13, 2007, after 18 months of detention and torture.
(AHRC) described the new writs of amparo and habeas data as insufficient to resolve the problems of extra-legal killings and enforced disappearances in the Philippines. It argued that there must be a cooperative action on all parts of the government and civil society:
The AHRC objected that the writs fail to protect non-witnesses, even if they too face threats or risk to their lives.
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
, amparo and habeas data are prerogative writ
Prerogative writ
Prerogative writs are a class of writs which originate from English law. Originally they were available only to the Crown, but later they were made available to the monarch's subjects through the courts.The prerogative writs are:*certiorari...
s to supplement the inefficacy of the writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
(Rule 102, Revised Rules of Court). Amparo
Amparo (law)
The writ of amparo is a remedy for the protection of constitutional rights, found in certain jurisdictions...
means protection, while habeas data
Habeas Data
Habeas data is a writ and constitutional remedy available in certain nations. The literal translation from Latin of habeas data is “[we command] you have the data”...
is access to information. Both writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
s were conceived to solve the extensive Philippine extrajudicial killings and forced disappearances since 1999.
On July 16, 2007, Philippine Chief Justice Reynato Puno
Reynato Puno
Reynato Puno y Serrano was the 22nd Chief Justice of the Supreme Court of the Philippines. Appointed on December 8, 2006 by President Gloria Macapagal-Arroyo, he was the 22nd person to serve as Chief Justice...
and Justice Adolfo Azcuna
Adolfo Azcuna
Adolfo S. Azcuna is a Filipino jurist who served as an Associate Justice of the Supreme Court of the Philippines from 2002 to 2009. He was appointed to the Court by President Gloria Macapagal-Arroyo on October 24, 2002...
officially declared the legal conception of the Philippine Writ of Amparo – "Recurso de Amparo", at the historic Manila Hotel
Manila Hotel
The Manila Hotel is a 570-room, five star hotel in Manila, Philippines, located in the heart of the Manila Bay area. The Manila Hotel is the oldest premiere hotel in the Philippines, built in 1909 to rival Malacañang Palace, the official residence of the President of the Philippines, and opened in...
National Summit on Extrajudicial Killings and Enforced Disappearances.
On August 25, 2007, Reynato Puno (at the College of Law of Silliman University
Silliman University College of Law
The Silliman University College of Law is one of the constituent colleges of Silliman University, a private university in Dumaguete City, Philippines. The college was founded in 1935 with Emilio Javier and Felix Gaudiel as pioneers...
in Dumaguete City) declared the legal conception of amparo's twin, the supplemental Philippine Habeas Data. Puno by judicial fiat proclaimed the legal birth of these twin peremptory writs on October, 2007, as his legacy to the Filipino nation. Puno admitted the inefficacy of Habeas Corpus, under Rule 102, Rules of Court, since government officers repeatedly failed to produce the body upon mere submission of the defense of alibi.
By invoking the truth, Habeas Data will not only compel military and government agents to release information about the desaparecidos but require access to military and police files. Reynato Puno's writ of amparo – Spanish for protection—will bar military officers in judicial proceedings to issue denial answers regarding petitions on disappearances or extrajudicial executions, which were legally permitted in Habeas corpus proceedings.
The Supreme Court of the Philippines
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
announced that the draft guidelines (Committee on Revision of Rules) for the writ of amparo were approved on September 23, to be deliberated by the En Banc Court on September 25.
Mexican amparo
Chief Justice Reynato Puno noted that the model for Amparo was borrowed from MexicoMexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
: the Writ of Amparo is a Mexican legal procedure to protect human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
. Of Mexican origin, thus, “Amparo” literally means “protection” in Spanish
Spanish language
Spanish , also known as Castilian , is a Romance language in the Ibero-Romance group that evolved from several languages and dialects in central-northern Iberia around the 9th century and gradually spread with the expansion of the Kingdom of Castile into central and southern Iberia during the...
. de Tocqueville’s "Democracy in America" had been available in Mexico, in 1837 and its description of judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
practice in the U.S. appealed to many Mexican jurists. Mexican justice Manuel Crescencio Rejón, drafted a constitutional provision for his native state, Yucatan
Yucatán
Yucatán officially Estado Libre y Soberano de Yucatán is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided in 106 municipalities and its capital city is Mérida....
, which empowered jurists to protect all persons in the enjoyment of their constitutional and legal rights. This was incorporated into the 1847 national constitution. The great writ proliferated in the Western Hemisphere
Western Hemisphere
The Western Hemisphere or western hemisphere is mainly used as a geographical term for the half of the Earth that lies west of the Prime Meridian and east of the Antimeridian , the other half being called the Eastern Hemisphere.In this sense, the western hemisphere consists of the western portions...
, slowly evolving into various fora. Amparo became, in the words of a Mexican Federal Supreme Court Justice, Mexico’s “task of conveying to the world’s legal heritage that institution which, as a shield of human dignity, her own painful history conceived.”
Amparo's evolution and metamorphosis had been witnessed, for several purposes: "(1) amparo libertad for the protection of personal freedom, equivalent to the habeas corpus writ; (2) amparo contra leyes for the judicial review of the constitutionality of statutes; (3) amparo casacion for the judicial review of the constitutionality and legality of a judicial decision; (4) amparo administrativo for the judicial review of administrative actions; and (5) amparo agrario for the protection of peasants’ rights derived from the agrarian reform process."
Latin America
Latin America
Latin America is a region of the Americas where Romance languages – particularly Spanish and Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,500 km² , almost 3.9% of the Earth's surface or 14.1% of its land surface area...
n countries, except Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
, used the great writ to protect against human rights abuses especially committed in countries under military juntas, adopting an all-encompassing amparo, even to protect socio-economic rights. But other countries like Colombia, Chile, Germany and Spain, opted to limit amparo shield only to some constitutional guarantees or fundamental rights. In the Philippines, while the 1987 Constitution of the Philippines
Constitution of the Philippines
The Constitution of the Philippines is the supreme law of the Philippines.The Constitution currently in effect was enacted in 1987, during the administration of President Corazon Aquino, and is popularly known as the "1987 Constitution"...
failed to expressly provide for amparo, several amparo protections are already guaranteed, thus: by paragraph 2, Article VIII, Section 1, the "Grave Abuse Clause" - which grants a similar general protection to human rights extended by the amparo contra leyes, amparo casacion, and amparo administrativo. Amparo libertad is similar to habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
in the 1987 Constitution. The Clause is borrowed from the U.S. common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
tradition of judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
(1803 case of Marbury v. Madison
Marbury v. Madison
Marbury v. Madison, is a landmark case in United States law and in the history of law worldwide. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. It was also the first time in Western history a court invalidated a law by declaring...
).
Justice Adolfo Azcuna, a member of two Constitutional Commissions of 1971, and 1986 previously made a study on the writ amparo as published in the Ateneo Law Journal
Ateneo Law Journal
The Ateneo Law Journal is an academic journal of legal scholarship published by an independent student group at Ateneo Law School.-Overview:...
(see Adolfo S. Azcuna, The Writ of Amparo: A Remedy to Enforce Fundamental Rights, 37 ATENEO L.J. 15 (1993).).
The "recurso de amparo" is an exhaustive remedy
Legal remedy
A legal remedy is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will....
which originated from Latin America
Latin America
Latin America is a region of the Americas where Romance languages – particularly Spanish and Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,500 km² , almost 3.9% of the Earth's surface or 14.1% of its land surface area...
's Mexican
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
, Chile
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
and Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
legal systems, inter alia. Mexico's amparo is found in Articles 103 and 107 of the Mexican Constitution -- the judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
of governmental action, to empower state courts to protect individuals against state abuses. Amparo was sub-divided into 5 legal departments: the Liberty Amparo (amparo de libertad);
(b) the Constitutionality Amparo (amparo contra leyes);
(c) the Judicial or “Cassation” Amparo, aimed at the constitutionality of a judicial interpretation;
(d) the Administrative Amparo (amparo como contencioso-administrativo); and
(e) the Agrarian Amparo (amparo en matera agraria, ejidal y comunal).
Argentine amparo
Amparo was also legally enshrined in Latin AmericaLatin America
Latin America is a region of the Americas where Romance languages – particularly Spanish and Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,500 km² , almost 3.9% of the Earth's surface or 14.1% of its land surface area...
legal systems. It is now an extraordinary legal remedy in Bolivia
Bolivia
Bolivia officially known as Plurinational State of Bolivia , is a landlocked country in central South America. It is the poorest country in South America...
, Chile
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
, Costa Rica
Costa Rica
Costa Rica , officially the Republic of Costa Rica is a multilingual, multiethnic and multicultural country in Central America, bordered by Nicaragua to the north, Panama to the southeast, the Pacific Ocean to the west and the Caribbean Sea to the east....
, Ecuador
Ecuador
Ecuador , officially the Republic of Ecuador is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America, along with Chile, that do not have a border...
, El Salvador
El Salvador
El Salvador or simply Salvador is the smallest and the most densely populated country in Central America. The country's capital city and largest city is San Salvador; Santa Ana and San Miguel are also important cultural and commercial centers in the country and in all of Central America...
, Guatemala
Guatemala
Guatemala is a country in Central America bordered by Mexico to the north and west, the Pacific Ocean to the southwest, Belize to the northeast, the Caribbean to the east, and Honduras and El Salvador to the southeast...
, Honduras
Honduras
Honduras is a republic in Central America. It was previously known as Spanish Honduras to differentiate it from British Honduras, which became the modern-day state of Belize...
, Nicaragua
Nicaragua
Nicaragua is the largest country in the Central American American isthmus, bordered by Honduras to the north and Costa Rica to the south. The country is situated between 11 and 14 degrees north of the Equator in the Northern Hemisphere, which places it entirely within the tropics. The Pacific Ocean...
, Panama
Panama
Panama , officially the Republic of Panama , is the southernmost country of Central America. Situated on the isthmus connecting North and South America, it is bordered by Costa Rica to the northwest, Colombia to the southeast, the Caribbean Sea to the north and the Pacific Ocean to the south. The...
, Paraguay
Paraguay
Paraguay , officially the Republic of Paraguay , is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to the east and northeast, and Bolivia to the northwest. Paraguay lies on both banks of the Paraguay River, which runs through the center of the...
Peru
Peru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
, Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
and Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
. Amparo in Argentina is a limited, summary, emergency procedure, and merely supplementary, requiring previous exhaustion of administrative remedies before rendition of judgment of mandamus
Mandamus
A writ of mandamus or mandamus , or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".Mandamus is a judicial remedy which...
or injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
. The decision bars monetary awards and penal provisions except contempt
Contempt
Contempt is an intensely negative emotion regarding a person or group of people as inferior, base, or worthless—it is similar to scorn. It is also used when people are being sarcastic. Contempt is also defined as the state of being despised or dishonored; disgrace, and an open disrespect or willful...
or declaration of unconstitutionality.
Habeas corpus
Historically, Philippine Habeas CorpusHabeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
(from 1901 until the present) miserably failed to produce efficacious legal remedy for victims of extrajudicial killings and desaparecidos. The "amparo de libertad" transcends the protection of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
. Once a lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
is filed under Habeas Corpus, Rule 102, Rules of Court, the defendants, government officers would merely submit the usual defense of alibi or non-custody of the body sought to be produced.
The 1987 Philippine Constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
, however, empowers the Supreme Court of the Philippines
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
to promulgate amparo and Habeas Data
Habeas Data
Habeas data is a writ and constitutional remedy available in certain nations. The literal translation from Latin of habeas data is “[we command] you have the data”...
, as part of the Rules of Court expressly: “Promulgate rules concerning the protection and enforcement of constitutional rights.” (Sec. 5, (5), Article VIII, 1987, Constitution)
The writ of habeas corpus is an "extraordinary", "common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
", or "Prerogative writ
Prerogative writ
Prerogative writs are a class of writs which originate from English law. Originally they were available only to the Crown, but later they were made available to the monarch's subjects through the courts.The prerogative writs are:*certiorari...
", which were historically issued by the courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The most common of the other such prerogative writs are quo warranto
Quo warranto
Quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.-History:...
, prohibito, mandamus
Mandamus
A writ of mandamus or mandamus , or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".Mandamus is a judicial remedy which...
, procedendo
Procedendo
In common law jurisprudence, procedendo is one of the prerogative writs. It is a writ that sends a case from an appellate court to a lower court with an order to proceed to judgment....
, and certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
.
The due process for such petitions is not simply civil or criminal, because they incorporate the presumption of nonauthority, so that the official who is the respondent has the burden to prove his authority to do or not do something, failing which the court has no discretion but to decide for the petitioner, who may be any person, not just an interested party.
National Summit on Extrajudicial Killings and Enforced Disappearances
On July 16, 2007, Justices, activists, militant leaders, police officials, politicians and prelates attended the Supreme Court of the PhilippinesSupreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
's 2-day summit at the Manila Hotel
Manila Hotel
The Manila Hotel is a 570-room, five star hotel in Manila, Philippines, located in the heart of the Manila Bay area. The Manila Hotel is the oldest premiere hotel in the Philippines, built in 1909 to rival Malacañang Palace, the official residence of the President of the Philippines, and opened in...
, Metro Manila
Metro Manila
Metropolitan Manila , the National Capital Region , or simply Metro Manila, is the metropolitan region encompassing the City of Manila and its surrounding areas in the Philippines...
to solve extrajudicial killings. Chief Justice Reynato Puno stated that the "National Consultative Summit on Extrajudicial Killings and Forced Disappearances: Searching for Solutions" would help stop the murders. Based on CBCP
CBCP
CBCP may refer to one of the following:*Certified Building Commissioning Professional, an Association of Energy Engineers certification*Cross-Border Co-operation Process, a European union initiative*Catholic Bishops' Conference of the Philippines...
- Bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
Deogracias Yniguez-church's count, the number of victims of extrajudicial killings was record at 778, while survivors of "political assassinations" was 370; 203 "massacre" victims; 186 desaparecido
Desaparecido
Desaparecido is a Spanish word that means Disappeared. It can refer to :*One of los desaparecidos, the Argentines who "disappeared": that were secretly arrested and murdered by the Argentinian dictatorial government...
; 502 tortured, and those illegally arrested.
Puno requested for truce and talks with insurgents
Insurgency
An insurgency is an armed rebellion against a constituted authority when those taking part in the rebellion are not recognized as belligerents...
: "Let us rather engage in the conspiracy of hope…and hope for peace." Puno forwarded the summit's recommendation to President Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...
, the Senate of the Philippines
Senate of the Philippines
The Senate of the Philippines is the upper chamber of the bicameral legislature of the Philippines, the Congress of the Philippines...
and House of Representatives.
“Extralegal killings” (UN instruments term) are those committed without due process of law, which include summary and arbitrary executions, “salvagings” , hreats to take the life of journalists, inter alia. “Enforced disappearances” (defined by Declaration on the Protection of All Persons from Enforced Disappearances), include: arrest, detention or abduction by a government official or organized groups under the government; the refusal of the State to disclose the fate or whereabouts of missing persons, inter alia.
Writs of amparo and habeas data
On August 17, 2007 Puno said that the writWrit
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
of amparo, would bar the military plea
Plea
In legal terms, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. Colloquially, a plea has come to mean the assertion by a criminal defendant at arraignment, or otherwise in response to a criminal charge, whether that...
of denial (at a speech at the Volunteers Against Crime and Corruption's 9th anniversary, Camp Crame). Under the writ, plaintiffs or victims will have the right of access to information on their lawsuits—a constitutional right called the "habeas data" derived from constitutions of Latin America
Latin America
Latin America is a region of the Americas where Romance languages – particularly Spanish and Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,500 km² , almost 3.9% of the Earth's surface or 14.1% of its land surface area...
. The final draft of these twin writs (retroactive) will be promulgated on October. Puno tersely summed the writs "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."
Puno stated that with the writ of Habeas corpus, the writs of Habeas Data and writ of amparo will further assist "those looking for missing loved ones".
On August 30, 2007, Puno (speech at Silliman University
Silliman University
Silliman University is a private research university located in Dumaguete, Philippines. Established in 1901 as Silliman Institute by the Presbyterian Board of Foreign Missions, it was the first American private school to be founded in the country. The University is named after Dr...
in Dumaguete City, Negros Oriental
Negros Oriental
Negros Oriental is a province of the Philippines located in the Central Visayas region. It occupies the south-eastern half of the island of Negros, with Negros Occidental comprising the north-western half. It also includes Apo Island — a popular dive site for both local and foreign tourists...
) promised to institute the writ of habeas data (“you should have the idea” or “you should have the data”). Puno explained that amparo bars alibi
Alibi
Alibi is a 1929 American crime film directed by Roland West. The screenplay was written by West and C. Gardner Sullivan, who adapted the 1927 Broadway stage play, Nightstick, written by Elaine Sterne Carrington, J.C...
, while Habeas Data "can find out what information is held by the officer, rectify or even the destroy erroneous data gathered". Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
used the writ, followed by Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
, Paraguay
Paraguay
Paraguay , officially the Republic of Paraguay , is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to the east and northeast, and Bolivia to the northwest. Paraguay lies on both banks of the Paraguay River, which runs through the center of the...
, Peru
Peru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
, Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
and Ecuador
Ecuador
Ecuador , officially the Republic of Ecuador is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America, along with Chile, that do not have a border...
.
The Philippine 1987 Constitution was derived from the 1973 Ferdinand Marcos
Ferdinand Marcos
Ferdinand Emmanuel Edralin Marcos, Sr. was a Filipino leader and an authoritarian President of the Philippines from 1965 to 1986. He was a lawyer, member of the Philippine House of Representatives and a member of the Philippine Senate...
Constitution, it's 1981 amendment, from the 1935 constitution, and from the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. The United States Constitution was adopted in its original form on September 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania, and later ratified by conventions in each state in the name of "the People." The U.S. Constitution is the oldest written national constitution except possibly for San Marino 's Statutes of 1600, whose status as a true constitution is disputed by scholars. The Writ of Amparo is a remedy to enforce fundamental rights. “among the different procedures that have been established for the protection of human rights, the primary ones that provide direct and immediate protection are habeas corpus and amparo. The difference between these two writs is that habeas corpus is designed to enforce the right to freedom of the person, whereas amparo is designed to protect those other fundamental human rights enshrined in the Constitution but not covered by the writ of habeas corpus.”
The literal translation from Latin of Habeas Data
Habeas Data
Habeas data is a writ and constitutional remedy available in certain nations. The literal translation from Latin of habeas data is “[we command] you have the data”...
is “you should have the data”. Habeas Data is a constitutional right to protect, per lawsuit filed in court, to protect the image, privacy, honour, information self-determination and freedom of information of a person. Habeas Data can used to discover what information is held about his or her person (via rectification or destruction of the personal data held. Habeas Data originated, inter alia, from the Council of Europe’s 108th Convention on Data Protection of 1981 (aimed at protecting the privacy of the individual regarding the automated processing of personal data; with right to access their personal data held in an automated database.
AM No. 08-1-16-SC, the Rule on the Writ of Habeas Data
On September 25, 2007, Chief Justice Reynato PunoReynato Puno
Reynato Puno y Serrano was the 22nd Chief Justice of the Supreme Court of the Philippines. Appointed on December 8, 2006 by President Gloria Macapagal-Arroyo, he was the 22nd person to serve as Chief Justice...
officially announced the 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."
On January 22, 2008, the Supreme En Banc approved the rules for the writ of Habeas Data
Habeas Data
Habeas data is a writ and constitutional remedy available in certain nations. The literal translation from Latin of habeas data is “[we command] you have the data”...
("to protect a person’s right to privacy and allow a person to control any information concerning them"), effective on February 2, the Philippines’ Constitution Day. Reynato Puno
Reynato Puno
Reynato Puno y Serrano was the 22nd Chief Justice of the Supreme Court of the Philippines. Appointed on December 8, 2006 by President Gloria Macapagal-Arroyo, he was the 22nd person to serve as Chief Justice...
traced the history
History
History is the discovery, collection, organization, and presentation of information about past events. History can also mean the period of time after writing was invented. Scholars who write about history are called historians...
of Habeas Data
Habeas Data
Habeas data is a writ and constitutional remedy available in certain nations. The literal translation from Latin of habeas data is “[we command] you have the data”...
"to the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
’s 108th Convention on Data Protection of 1981; Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
was the first Latin America
Latin America
Latin America is a region of the Americas where Romance languages – particularly Spanish and Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,500 km² , almost 3.9% of the Earth's surface or 14.1% of its land surface area...
n country to adopt the Writ of Habeas Data in 1988 and was strengthened by its National Congress in 1997; in 1991, Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
incorporated Habeas Data in its Constitution; Paraguay
Paraguay
Paraguay , officially the Republic of Paraguay , is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to the east and northeast, and Bolivia to the northwest. Paraguay lies on both banks of the Paraguay River, which runs through the center of the...
followed in 1992, Peru
Peru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
in 1993, Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
in 1994, and Ecuador
Ecuador
Ecuador , officially the Republic of Ecuador is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America, along with Chile, that do not have a border...
in 1996." In Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
, Habeas Data allowed "access to police and military records otherwise closed to them."
The Resolution and the Rule on the Writ of Amparo gave legal birth to Puno's brainchild. No filing or legal fee is required for Amparo which takes effect on October 24 in time for the 62nd anniversary of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
. 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
Sandiganbayan
The Sandiganbayan is a special court in the Philippines which was established under Presidential Decree No. 1606. Its rank is equivalent to the Court of Appeals. The court consists of 14 Associate Justices and 1 Presiding Justice...
, 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). and as of now..
Recent events
- On September 26, 2007, human rightsHuman rightsHuman rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
lawyerLawyerA lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
Jose Manuel Diokno (Free Legal Assistance Group, FLAG) stated that the writ of amparo can be invoked by journalists in stories censorshipCensorshipthumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...
by the government concerning the anti-terrorism law (Human Security Act). Diokno, in the workshopWorkshopA workshop is a room or building which provides both the area and tools that may be required for the manufacture or repair of manufactured goods...
sponsored by the Philippine Center for Investigative Journalism in Baguio CityBaguio CityThe City of Baguio is a highly urbanized city in northern Luzon in the Philippines. Baguio City was established by Americans in 1900 at the site of an Ibaloi village known as Kafagway...
added that journalist, in the petition, can submit the censored story as annex, and it becomes a public documentDocumentThe term document has multiple meanings in ordinary language and in scholarship. WordNet 3.1. lists four meanings :* document, written document, papers...
that can be used for publicationPublicationTo publish is to make content available to the public. While specific use of the term may vary among countries, it is usually applied to text, images, or other audio-visual content on any medium, including paper or electronic publishing forms such as websites, e-books, Compact Discs and MP3s...
.
- On October 23, 2007, the Free Legal Assistance Group issued a (a 47-question-and-answer format) primer on the writ of amparo. On October 24, 2007, in a first test case, Merlinda Cadapan and Concepcion Empeno, mothers of 2 missing Philippine students filed the first petition for writ of amparo with the Supreme Court of the PhilippinesSupreme Court of the PhilippinesThe Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
, to direct the military to let them search army offices for their daughters. The Court later amended the Rules by providing specifics on the period to file the return.
- On December 3, 2007, Reynato S. Puno stated that the writ released only 3 victims (including Luisito Bustamante, Davao CityDavao CityThe City of Davao is the largest city in the island of Mindanao in the Philippines. Its international airport and seaports are among the busiest cargo hubs in the Philippines....
), since amparo was enforced on October 24: "I would like to think that after the enactment and effectivity (of the writ), the number of extrajudicial killings and disappearances have gone down."
- On January, 2008, 11 ABS-CBNABS-CBNABS–CBN Corporation is a Philippine-based media conglomerate. It is the Philippines' largest media and entertainment conglomerate. The corporation was the merger of Alto Broadcasting System which at that time owned by James Lindenberg and Antonio Quirino, and the Chronicle Broadcasting Network ...
news personnel filed the writ of amparo petition with the Supreme Court, which accordingly ordered the government to comment on the petition for protection from harassment and threats of arrest.
- On February, 2008, 7 The Supreme Court of the PhilippinesSupreme Court of the PhilippinesThe Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
issued a writ of amparo against President Gloria Macapagal-ArroyoGloria Macapagal-ArroyoGloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...
and several other government and security officials, granting the petition filed by relatives of the key witness in the Senate investigation of the national broadband network (NBN) controversy.
First landmark amparo Supreme Court judgment
The Supreme Court of the PhilippinesSupreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
, on October 7, 2008, rendered its very first amparo decision, affirming the December 26, 2007 Philippine Court of Appeals
Philippine Court of Appeals
The Court of Appeals of the Philippines is the Philippines' second highest judicial court, just after the Supreme Court. The court consists of 68 Associate Justices and 1 Presiding Justice...
judgment in favor of Raymond and Reynaldo Manalo brothers. Reynato Puno
Reynato Puno
Reynato Puno y Serrano was the 22nd Chief Justice of the Supreme Court of the Philippines. Appointed on December 8, 2006 by President Gloria Macapagal-Arroyo, he was the 22nd person to serve as Chief Justice...
's 49-page unanimous ponencia granted amparo relief to the Manalo brothers who were abducted by the Citizens Armed Forces Geographical Unit (CAFGU) in San Ildefonso
San Ildefonso
San Ildefonso, or La Granja, or La Granja de San Ildefonso, is a town and municipality in the province of Segovia, Spain, situated some 54 km northwest of Madrid.-History:...
, Bulacan
Bulacan
Bulacan , officially called the Province of Bulacan or simply Bulacan Province, is a first class province of the Republic of the Philippines located in the Central Luzon Region in the island of Luzon, north of Manila , and part of the Metro...
in February 2006. They escaped on August 13, 2007, after 18 months of detention and torture.
International criticism
On September 28, 2007, the Asian Human Rights CommissionAsian Human Rights Commission
The Asian Human Rights Commission is an independent, non-governmental body, which seeks to promote greater awareness and realisation of human rights in the Asian region, and to mobilise Asian and international public opinion to obtain relief and redress for the victims of human rights violations...
(AHRC) described the new writs of amparo and habeas data as insufficient to resolve the problems of extra-legal killings and enforced disappearances in the Philippines. It argued that there must be a cooperative action on all parts of the government and civil society:
- 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 rights—laws against torture and enforced disappearance and laws to afford adequate legal remedies to victims.
The AHRC objected that the writs fail to protect non-witnesses, even if they too face threats or risk to their lives.
See also
- Habeas Corpus Restoration Act of 2007Habeas Corpus Restoration Act of 2007A bill, provisionally called the Habeas Corpus Restoration Act of 2007, , passed the United States Senate Judiciary Committee on Thursday, June 7, 2007.The bill was sponsored by Democratic Senator Patrick Leahy and Republican Senator Arlen Specter....
- Philippine Habeas Corpus CasesPhilippine Habeas Corpus CasesPhilippine habeas corpus cases are cases decided by the Supreme Court of the Philippines, concerning the writ of habeas corpus.The writ of habeas corpus may be suspended in order to prevent any violence in cases of rebellion or insurrection, as the case may be...
- Constitution of the PhilippinesConstitution of the PhilippinesThe Constitution of the Philippines is the supreme law of the Philippines.The Constitution currently in effect was enacted in 1987, during the administration of President Corazon Aquino, and is popularly known as the "1987 Constitution"...
- Chief Justice of the PhilippinesChief Justice of the PhilippinesThe Chief Justice of the Supreme Court of the Philippines presides over the Supreme Court of the Philippines and is the highest judicial officer of the government of the Philippines...
- Associate Justice of the Supreme Court of the PhilippinesAssociate Justice of the Supreme Court of the PhilippinesAn Associate Justice of the Supreme Court of the Philippines is one of 15 members of the Philippine Supreme Court, the highest court in the Philippines. The Chief Justice presides over the High Court, but carries only 1 of the 15 votes in the court...
- The Supreme Court of the Philippines – Official website
External links
- Supremecourt.gov.ph, A.M. No. 07-9-12-SC, THE RULE ON THE WRIT OF AMPARO
- S.C. Resolution, A.M. No. 07-9-12-SC, THE RULE ON THE WRIT OF AMPARO
- The Corpus Juris, A.M. No. 07-9-12-SC, The Rule on the Writ of Amparo
- The Corpus Juris, A.M. No. 07-9-12-SC, Amendments to the Rule on the Writ of Amparo
- The Corpus Juris, A.M. No. 08-1-15-SC, The Rule on the Writ of Habeas Data
- Report on Human Rights Situation in Chile
- Library of Congress, Federal Research Division
- HabeasData.org
- Find Habeas
- Law.ateneo.edu
- SC takes new role in national debate
- supremecourt.gov.ph, Period to File Return in Amparo Cases Amended
- Speech of C.J. Puno on Habeas Data
- gmanews.tv/video, Reporters file petition for writ of amparo - 21 January 2008
- Abs-Cbn Interactive, Petition for Writ of amparo filed by 11 ABS-CBN reporters to ask SC to declare Nov. 29 arrest illegal
- pnp.gov.ph, Writ of Amparo
- supremecourt.gov.ph, A.M.No.08-1-16-SC.pdf
- supremecourt.gov, ANNOTATION TO THE WRIT OF AMPARO