The writs of amparo and habeas data

The writs of amparo and habeas data, invoked for protection and access to information respectively, were adopted by the Supreme Court upon the initiative of former Chief Justice Reynato Puno during the height of extrajudicial killings and enforced disappearances a few years ago. The SC, in its en banc session on September 25, 2007, promulgated the writ of amparo with the intent of precluding threats to and violations of a person's constitutional right to life, liberty and security. "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," Puno said when he declared the promulgation. Four months later, the High Court likewise approved the rules for the writ of habeas data, often dubbed as the twin of the writ of amparo. The writ of habeas data mandates the military and other government agents to release information about victims of extrajudicial killings or enforced disappearances. Both writs trace their origins to Latin American legislation and jurisprudence, such as those of Mexico, Brazil, Peru and Argentina. In October 2008, the SC issued its first amparo decision in favor of brothers Raymond and Reynaldo Manalo, who were reportedly abducted by a paramilitary unit in Bulacan in 2006. The two were able to escape in August 2007, after 18 months of torture. While local human rights group lauded the two writs, the Asian Human Rights Commission said these remain insufficient to address the spate of killings and abductions. The AHRC urged the Senate and the Lower House to enact laws to ensure protection of rights and provide victims with adequate legal remedies.—Jerrie M. Abella/JV, GMANews.TV