AMPARO 2.

The refusal of the state to disclose the fate or

whereabouts of the person concerned or the refusal
"Amparo" which originated in the political experience to acknowledge the deprivation of liberty which places
of Latin American countries, is derived from "amparar" such persons outside the protection of law.
which means "to protect."
Notes:
Mover or Amparo: Justice Adolfo Azcuna and Chief 1. Does not cover property or commercial rights
Justice Renato Puno 2. Does not protect right to travel
3. Not a proper remedy to obtain custody of a
Writ of Amparo - October 24, 2007 AM 07-9-12 minor child

SECTION 1. Petition. The petition for a writ of Amparo protects more human rights than does
amparo is a remedy available to any person whose habeas corpus. Only when ones right to liberty is
right to life, liberty and security is violated or actually restrained can he/she run to habeas corpus
threatened with violation by an unlawful act or for refuge. In contrast, amparo cloisters the rights to
omission of a public official or employee, or of a life, liberty, and security. Very significantly, it is a
private individual or entity.
protective tool when there is a mere threat to these
rights in cases of extralegal killings and enforced
The writ shall cover extralegal killings and enforced
disappearances or threats thereof. disappearances. With the width and breadth of its
coverage, it is therefore erroneous to say that it
Notes: duplicate(s) existing forms of actions like habeas
corpus and mandamus when it is treated as an
Writ of Amparo is a prerogative Writ. It is neither civil, independent remedy rather than as an ancillary one.
criminal, administrative, nor special civil action, Owing to its curative nature, it is applicable to cases
although some courts denominate it as a special pending in the trial or appellate courts. Thus, Sec. of
proceeding. Thus, while the principal objective of its National Defense v. Manalo developed as an action
proceedings is the initial determination of whether an
for Prohibition,Injunction, and Temporary Restraining
enforced disappearance, extralegal killing or threats
thereof had transpired the writ does not, by so doing, Order to stop certain military officers and agents from
fix liability for such disappearance, killing or threats, depriving the Manalo brothers, who were abducted
whether that may be criminal, civil or administrative and tortured by the military, of their right to liberty and
under the applicable substantive law. other basic rights. However, when the Rule on the
Writ of Amparo became effective, they asked that
Scope their petition be treated as one for amparo.

It intended to address violation or threats to the rights Who may file

to life, liberty or security, as an extraordinary and
independent remedy beyond those available under SEC. 2. Who May File. The petition may be filed by
the prevailing rules, or as a remedy supplemental to the aggrieved party or by any qualified person or
these rules. entity in the following order:

The writ covers extralegal killings and enforced a. Any member of the immediate family, namely:
disappearances. the spouse, children and parents of the
aggrieved party;
EXTRALEGAL KILLINGS killings committed b. Any ascendant, descendant or collateral
without due process of law, without judicial relative of the aggrieved party within the fourth
proceedings or legal safeguards. civil degree of consanguinity or affinity, in
default of those mentioned in the preceding
ENFORCED DISSAPPEARANCES are attended by paragraph; or
the following characteristics:
1. An arrest , abduction or detention of a person by c. Any concerned citizen, organization,
association or institution, if there is no known
the government official or organized groups or private
member of the immediate family or relative of
individuals acting with direct or indirect acquiescence the aggrieved party.
of the government
The filing of a petition by the aggrieved party respondent, and how such threat or violation
suspends the right of all other authorized parties to is committed with the attendant circumstances
file similar petitions. Likewise, the filing of the petition detailed in supporting affidavits;
by an authorized party on behalf of the aggrieved
party suspends the right of all others, observing the d. The investigation conducted, if any, specifying
order established herein. the names, personal circumstances, and
addresses of the investigating authority or
Where to file individuals, as well as the manner and
conduct of the investigation, together with any
SEC. 3. Where to File. The petition may be filed on report;
any day and at any time with the Regional Trial Court
of the place where the threat, act or omission was e. The actions and recourses taken by the
committed or any of its elements occurred, or with the petitioner to determine the fate or
Sandiganbayan, the Court of Appeals, the Supreme whereabouts of the aggrieved party and the
Court, or any justice of such courts. The writ shall be identity of the person responsible for the
enforceable anywhere in the Philippines. threat, act or omission; and

When issued by a Regional Trial Court or any judge f. The relief prayed for.
thereof, the writ shall be returnable before such court
or judge. The petition may include a general prayer for other
just and equitable reliefs.
When issued by the Sandiganbayan or the Court of
Appeals or any of their justices, it may be returnable SEC. 6. Issuance of the Writ. Upon the filing of the
before such court or any justice thereof, or to any petition, the court, justice or judge shall immediately
Regional Trial Court of the place where the threat, act order the issuance of the writ if on its face it ought to
or omission was committed or any of its elements issue. The clerk of court shall issue the writ under the
occurred. seal of the court; or in case of urgent necessity, the
justice or the judge may issue the writ under his or her
When issued by the Supreme Court or any of its own hand, and may deputize any officer or person to
justices, it may be returnable before such Court or serve it.
any justice thereof, or before the Sandiganbayan or
the Court of Appeals or any of their justices, or to any The writ shall also set the date and time for summary
Regional Trial Court of the place where the threat, act hearing of the petition which shall not be later than
or omission was committed or any of its elements seven (7) days from the date of its issuance.
occurred.
SEC. 7. Penalty for Refusing to Issue or Serve the
Procedure- DI AKO MASYADONG SURE Writ. A clerk of court who refuses to issue the writ
after its allowance, or a deputized person who refuses
SEC. 4. No Docket Fees. The petitioner shall be to serve the same, shall be punished by the court,
exempted from the payment of the docket and other justice or judge for contempt without prejudice to
lawful fees when filing the petition. The court, justice other disciplinary actions.
or judge shall docket the petition and act upon it
immediately. SEC. 8. How the Writ is Served. The writ shall be
served upon the respondent by a judicial officer or by
SEC. 5. Contents of Petition. The petition shall be a person deputized by the court, justice or judge who
signed and verified and shall allege the following: shall retain a copy on which to make a return of
service. In case the writ cannot be served personally
on the respondent, the rules on substituted service
a. The personal circumstances of the petitioner;
shall apply.
b. The name and personal circumstances of the
respondent responsible for the threat, act or
omission, or, if the name is unknown or SEC. 9. Return; Contents. Within seventy-two (72)
uncertain, the respondent may be described hours after service of the writ, the respondent shall file
by an assumed appellation; a verified written return together with supporting
affidavits which shall, among other things, contain the
following:
c. The right to life, liberty and security of the
aggrieved party violated or threatened with
violation by an unlawful act or omission of the
 a. The lawful defenses to show that the a. Motion to dismiss;
respondent did not violate or threaten with b. Motion for extension of time to file return,
violation the right to life, liberty and security of opposition, affidavit, position paper and other
the aggrieved party, through any act or pleadings;
omission;
b. The steps or actions taken by the respondent c. Dilatory motion for postponement;
to determine the fate or whereabouts of the
aggrieved party and the person or persons d. Motion for a bill of particulars;
responsible for the threat, act or omission;
e. Counterclaim or cross-claim;
c. All relevant information in the possession of
the respondent pertaining to the threat, act or
f. Third-party complaint;
omission against the aggrieved party; and
g. Reply;
d. If the respondent is a public official or
employee, the return shall further state the
actions that have been or will still be taken: h. Motion to declare respondent in default;

i. to verify the identity of the aggrieved i. Intervention;

party;
j. Memorandum;
ii. to recover and preserve evidence
related to the death or disappearance k. Motion for reconsideration of interlocutory
of the person identified in the petition orders or interim relief orders; and
which may aid in the prosecution of
the person or persons responsible; l. Petition for certiorari, mandamus or prohibition
against any interlocutory order.
iii. to identify witnesses and obtain
statements from them concerning the SEC. 12. Effect of Failure to File Return. In case
death or disappearance; the respondent fails to file a return, the court, justice
or judge shall proceed to hear the petition ex parte.
iv. to determine the cause, manner,
location and time of death or SEC. 13. Summary Hearing. The hearing on the
disappearance as well as any pattern petition shall be summary. However, the court, justice
or practice that may have brought or judge may call for a preliminary conference to
about the death or disappearance; simplify the issues and determine the possibility of
obtaining stipulations and admissions from the
v. to identify and apprehend the person parties.
or persons involved in the death or
disappearance; and The hearing shall be from day to day until completed
and given the same priority as petitions for habeas
vi. to bring the suspected offenders corpus.
before a competent court.

The return shall also state other matters relevant to Interim Reliefs
the investigation, its resolution and the prosecution of
the case. SEC. 14. Interim Reliefs. Upon filing of the
petition or at anytime before final judgment, the court,
A general denial of the allegations in the petition shall justice or judge may grant any of the following reliefs:
not be allowed.
(a) Temporary Protection Order. The court,
SEC. 10. Defenses not Pleaded Deemed justice or judge, upon motion or motu proprio,
Waived. All defenses shall be raised in the return, may order that the petitioner or the aggrieved
otherwise, they shall be deemed waived. party and any member of the immediate
family be protected in a government agency
SEC. 11. Prohibited Pleadings and Motions. The or by an accredited person or private
following pleadings and motions are prohibited: institution capable of keeping and securing
their safety. If the petitioner is an organization, documents, papers, books, accounts, letters,
association or institution referred to in Section photographs, objects or tangible things, or
3(c) of this Rule, the protection may be objects in digitized or electronic form, which
extended to the officers involved. constitute or contain evidence relevant to the
petition or the return, to produce and permit
The Supreme Court shall accredit the persons their inspection, copying or photographing by
and private institutions that shall extend or on behalf of the movant.
temporary protection to the petitioner or the
aggrieved party and any member of the The motion may be opposed on the ground of
immediate family, in accordance with national security or of the privileged nature of
guidelines which it shall issue. the information, in which case the court,
justice or judge may conduct a hearing in
The accredited persons and private chambers to determine the merit of the
institutions shall comply with the rules and opposition.
conditions that may be imposed by the court,
justice or judge. The court, justice or judge shall prescribe
other conditions to protect the constitutional
(b) Inspection Order. The court, justice or rights of all the parties.
judge, upon verified motion and after due
hearing, may order any person in (d) Witness Protection Order. The court,
justice or judge, upon motion or motu proprio,
possession or control of a designated land or may refer the witnesses to the Department of
other property, to permit entry for the purpose Justice for admission to the Witness
of inspecting, measuring, surveying, or Protection, Security and Benefit Program,
photographing the property or any relevant pursuant to Republic Act No. 6981.
object or operation thereon.
The court, justice or judge may also refer the
The motion shall state in detail the place or witnesses to other government agencies, or to
places to be inspected. It shall be supported accredited persons or private institutions
by affidavits or testimonies of witnesses capable of keeping and securing their safety.
having personal knowledge of the enforced
disappearance or whereabouts of the SEC. 15. Availability of Interim Reliefs to
aggrieved party. Respondent. Upon verified motion of the
respondent and after due hearing, the court, justice or
If the motion is opposed on the ground of judge may issue an inspection order or production
national security or of the privileged nature of order under paragraphs (b) and (c) of the preceding
the information, the court, justice or judge may section.
conduct a hearing in chambers to determine
the merit of the opposition. A motion for inspection order under this section shall
be supported by affidavits or testimonies of witnesses
The movant must show that the inspection having personal knowledge of the defenses of the
order is necessary to establish the right of the respondent.
aggrieved party alleged to be threatened or
violated.
Filing Of Separate Actions When Allowed
The inspection order shall specify the person
or persons authorized to make the inspection SEC. 21. Institution of Separate Actions. This
and the date, time, place and manner of Rule shall not preclude the filing of separate criminal,
making the inspection and may prescribe civil or administrative actions.
other conditions to protect the constitutional
rights of all parties. The order shall expire five SEC. 22. Effect of Filing of a Criminal Action.
(5) days after the date of its issuance, unless When a criminal action has been commenced, no
extended for justifiable reasons. separate petition for the writ shall be filed. The reliefs
under the writ shall be available by motion in the
(c) Production Order. The court, justice or criminal case.
judge, upon verified motion and after due
hearing, may order any person in possession,
custody or control of any designated
The procedure under this Rule shall govern the stakeholders in the justice system to tap the
disposition of the reliefs available under the writ of Philippine judiciary's expanded rule-making power
amparo. under the 1987 Constitution, the Supreme Court
promulgated the Rule on the Writ of Amparo on
SEC. 23. Consolidation. When a criminal action is
September 25, 2007 (A.M. No. 07-9-12-SC). The writ
filed subsequent to the filing of a petition for the writ,
the latter shall be consolidated with the criminal specifically covers extralegal killing and enforced
action. disappearances.

When a criminal action and a separate civil action are This new remedy achieves its purpose through the
filed subsequent to a petition for a writ of amparo, the four (4) interim reliefs provided therein, namely:
latter shall be consolidated with the criminal action. temporary protection order, inspection order,
production order and witness protection order. With
After consolidation, the procedure under this Rule no docket fee required to be paid, a petition may be
shall continue to apply to the disposition of the reliefs filed before the RTC, Sandiganbayan, CA or SC,
in the petition. which shall be acted upon immediately; the
respondents directed to file a return; and a summary
Quantum of Evidence
hearing conducted within seven (7) days from
In an action for issuance of a writ of amparo, the issuance of the writ. The parties shall establish their
parties must establish their claims by claims by substantial evidence. While a respondent
SUBSTANTIAL EVIDENCE. The diligence required private individual or entity is required only to prove
would depend on the respondent: ordinary diligence under applicable laws, rules and
regulations, respondent public official or employee
must prove extraordinary diligence in the performance
RESPONDENT PROOF REQUIRED of duty. More important still, the latter cannot invoke
the presumption that official duty has been regularly
Private Individual or Ordinary diligence as performed to evade responsibility or liability. The court
Entity required by applicable laws, is mandated to render judgment within ten (10) days
rules and regulations was from the time the decision is submitted for decision,
observed in the and appeal to the SC under Rule 45 may raise
performance of duty.
questions of fact or law or both.
Public Official or Extraordinary diligence As can be gleaned from its provisions, speedy and
Employee
inexpensive procedure is demanded by the urgent
SUBSTANTIAL EVIDENCE - is more than a mere
and serious nature of violations intended to be
imputation of wrongdoing or violation that would
addressed by the Rule on Amparo, that is, the right to
warrant a finding of liability against the person
life, liberty and security. But being a prerogative writ,
charged, and more than a scintilla of evidence;
resort to amparo does not preclude the filing of
-it isthat amount of relevant evidence which a
separate criminal, civil or administrative actions.
reasonable mind might accept as adequate to justify a
Refusal to issue or serve the writ is punishable by
conclusion,
-even if other equally reasonable minds might opine contempt without prejudice to other disciplinary
otherwise. actions. Such penalty and priority given to petitions for
amparo further underscore the extraordinary
Notes: character of the remedy, the constitutional rights
we have witnessed the emergence of rampant involved being of the highest order.
unsolved killings of leftist leaders and members of
progressive mass-based organizations, reminiscent of
the martial law regime. Human rights violations have
escalated to such an alarming scale that even the
United Nations Commission on Human Rights, as well
as other foreign groups, took notice. Following a
consultative summit and acting upon the
recommendations from various sectors and