Writ of amparo takes effect; lawyers' group issues primer

The writ of amparo, a rule that grants relief to families and relatives of extrajudicial killings and enforced disappearances, takes effect on Wednesday. The Supreme Court last month approved the draft rule on the writ of amparo, which Chief Justice Reynato Puno said would empower courts to issue reliefs that may be granted through judicial orders of protection, production, and inspection to safeguard people’s life and liberty. The Free Legal Assistance Group on Tuesday issued a primer on the writ of amparo. In a 16-page primer released Tuesday, the Free Legal Assistance Group explains in a 47-question-and-answer format how the rule functions. "This (primer) is useful in better understanding how this new legal mechanism is applied and how people intending to seek remedies can make use of its provisions," said Jeong Ho Moon, urgent appeals coordinator of the Hong Kong-based Asian Human Rights Commission (AHRC). Moon noted that before the writ was adopted, there was virtually no possibility for people facing threats or families of victims of extrajudicial killings and enforced disappearances to attain legal remedies. "It is a sad fact of life in the Philippines that people facing threats have to take matters, particularly arrangements for their protection, into their own hands," an AHRC statement said. It said the new rule can provide, after a verified petition is granted, orders for protection, inspection and production and referral to witness protection. Before the writ was approved, it was not possible to obtain protection for people facing threats because no cases are filed or are pending in court. "Now that these legal tools are possible, we encourage victims, families of the dead and disappeared and other concerned people to make use of this remedy," Moon said. Any day, any time Under the high court's rule, the petition for the writ of amparo may be filed on any day and at any time with the regional trial court of the place where the threat, act, or omission was committed, or with the Sandiganbayan, the Court of Appeals, and the Supreme Court, the high court said on its website. The filing is free of charge. The following may also file the petition for writ of amparo: any member of the aggrieved party’s immediate family (spouse, children, and parents); any ascendant, descendant, or collateral relative of the aggrieved party within the fourth civil degree of consanguinity or affinity; and any concerned citizen, organization, association, or institution, if there is no known member of the immediate family or relative of the aggrieved party. The filing of a petition by the aggrieved party suspends the right of all other authorized parties to file similar petitions. Upon the filing of the petition, the court, justice or judge shall immediately order the issuance of the writ if on its face it ought to be issued. The writ shall also set the date and time for summary hearing of the petition which shall not be later than seven days from the date of its issuance. A clerk of court who refuses to issue the writ after its allowance, or a deputized person who refuses to serve the same, shall be punished by the court, justice, or judge for contempt without prejudice to other disciplinary actions. A general denial from the respondent is not allowed. The respondent shall be required to give a full explanation and account in the return which shall be submitted to the court to ensure that he shall make a detailed return, which will not only seek the persons liable but also help in the determination of their compliance with the standard of conduct required of them. Reliefs The court, justice, or judge may grant any of the following reliefs upon filing of the petition or at any time before final judgment. These interim reliefs are the following: temporary protection order (TPO), inspection order (IO), production order (PO), and witness protection order (WPO). Under the WPO which may be issued upon motion or motu proprio, witnesses may be referred to the Department of Justice for admission to the DOJ Witness Protection, Security and Benefit Program, pursuant to RA 6981, or to other government agencies, or persons or privates institutions accredited by the Supreme Court capable of keeping and securing their safety. Likewise, the court, justice, or judge may order the respondent who refuses to make a return or who makes a false return, or any person who otherwise disobeys or resists a lawful process or order of the court to be punished for contempt. The contemptor may be fined or imprisoned. The court, justice, or judge may call for a preliminary conference to simplify the issues and determine the possibility of obtaining stipulations and admissions from the parties. The hearing, to be conducted daily until completed, shall be given the same priority as petitions for habeas corpus. The Rule has a provision on prohibited pleadings and motions so as not to delay the proceedings. Judgment on the petition for a writ of amparo shall be rendered within 10 days from the time it is submitted for decision. Any party however may appeal from final judgments or orders to the High Court under Rule 45. The period of appeal shall be five working days from the date of notice of the adverse judgment. The Supreme Court said the writ of amparo imposes a higher standard of diligence (extraordinary diligence) on public officers or employees than on private individuals or entities (ordinary diligence). There shall be no presumption of regularity on the part of the public official or employee. The filing of the petition for the said writ is not mutually exclusive with the filing of other reliefs (i.e. habeas corpus), as well as the filing of separate criminal, civil, or administrative actions. - with reports from Amita Legaspi, GMANews.TV