Life is Beautiful

The
Supreme Court already approved the Rule on the Writ of Amparo [A.M. No.
07-9-12-SC, 25 September 2007], which is a remedy available to any
person whose right to life, liberty, and security has been violated or
is threatened with violation by an unlawful act or omission of a public
official or employee, or of a private individual or entity.

Historically, Philippine habeas corpus (from 1901 until the present) miserably failed to produce efficacious legal remedy for victims of extrajudicial killings and desaparecidos. 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 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. Hence, Chief Justice Puno by judicial fiat proclaimed the legal birth of these twin peremptory writs on October 2007 as his legacy to the Filipino nation.

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.

Habeas Data, on the other hand, is “you should have the data”.
Habeas Data is a constitutional right to protect, per lawsuit filed in
court, to protect the image, privacy, honor, 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. Aside from giving individuals the right to find out what information is
being kept about them, the writ of habeas data seeks to protect the right to
find out what use and for what purpose such data are being collected. The
petitioner is also given the opportunity to question the data and demand their
“updating, rectification, or destruction."

SECTION 1. Petition. – The petition for a
writ of amparo is a remedy available to any person whose right to life,
liberty and security is violated or threatened with violation by an
unlawful act or omission of a public official or employee, or of a
private individual or entity. The writ shall cover extralegal killings
and enforced disappearances or threats thereof.

SEC. 2.  Who May File. – The petition may be filed by the aggrieved party or by any qualified person or entity in the following order:

(a) Any member of the immediate family, namely: the spouse, children and parents of the aggrieved party;

(b) Any ascendant, descendant or collateral relative of the
aggrieved party within the fourth civil degree of consanguinity or
affinity, in default of those mentioned in the preceding paragraph; or

(c) 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. Likewise,
the filing of the petition by an authorized party on behalf of the
aggrieved party suspends the right of all others, observing the order
established herein.

SEC. 3. Where to File. – The petition 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 any of its
elements occurred, or with the Sandiganbayan, the Court of Appeals, the
Supreme Court, or any justice of such courts. The writ shall be
enforceable anywhere in the Philippines.

When issued by a Regional Trial Court or any judge thereof, the writ shall be returnable before such court or judge.

When issued by the Sandiganbayan or the Court of Appeals or any of
their justices, it may be returnable before such court or any justice
thereof, or to any Regional Trial Court of the place where the threat,
act or omission was committed or any of its elements occurred.

When issued by the Supreme Court or any of its justices, it may be
returnable before such Court or any justice thereof, or before the
Sandiganbayan or the Court of Appeals or any of their justices, or to
any Regional Trial Court of the place where the threat, act or omission
was committed or any of its elements occurred.

SEC. 4. No Docket Fees. – The petitioner
shall be exempted from the payment of the docket and other lawful fees
when filing the petition. The court, justice or judge shall docket the
petition and act upon it immediately.

SEC. 5. Contents of Petition. – The petition shall be signed and verified and shall allege the following:

(a) The personal circumstances of the petitioner;

(b) The name and personal circumstances of the respondent
responsible for the threat, act or omission, or, if the name is unknown
or uncertain, the respondent may be described by an assumed appellation;

(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 respondent, and how such threat or violation is committed with the
attendant circumstances detailed in supporting affidavits;

(d) The investigation conducted, if any, specifying the names,
personal circumstances, and addresses of the investigating authority or
individuals, as well as the manner and conduct of the investigation,
together with any report;

(e) The actions and recourses taken by the petitioner to determine
the fate or whereabouts of the aggrieved party and the identity of the
person responsible for the threat, act or omission; and

(f) The relief prayed for the petition may include a general prayer for other just and equitable reliefs.

SEC. 6. Issuance of the Writ. – 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 issue. The
clerk of court shall issue the writ under the seal of the court; or in
case of urgent necessity, the justice or the judge may issue the writ
under his or her own hand, and may deputize any officer or person to
serve it.

The writ shall also set the date and time for summary hearing of the
petition which shall not be later than seven (7) days from the date of
its issuance.

SEC. 7. Penalty for Refusing to Issue or Serve the Writ.
– 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.

SEC. 8. How the Writ is Served. – The writ
shall be served upon the respondent by a judicial officer or by a
person deputized by the court, justice or judge who 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 shall
apply.

SEC. 9. Return Contents. – Within
seventy-two (72) hours after service of the writ, the respondent shall
file a verified written return together with supporting affidavits
which shall, among other things, contain the following:

(a) The lawful defenses to show that the respondent did not violate
or threaten with violation the right to life, liberty and security of
the aggrieved party, through any act or omission;

(b) The steps or actions taken by the respondent to determine the
fate or whereabouts of the aggrieved party and the person or persons
responsible for the threat, act or omission;

(c) All relevant information in the possession of the respondent
pertaining to the threat, act or omission against the aggrieved party;
and

(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:

(i)     to verify the identity of the aggrieved party;
(ii) to recover and preserve evidence related to the death or
disappearance of the person identified in the petition which may aid in
the prosecution of the person or persons responsible;
(iii)     to identify witnesses and obtain statements from them concerning the death or disappearance;
(iv) to determine the cause, manner, location and time of death or
disappearance as well as any pattern or practice that may have brought
about the death or disappearance;
(v)     to identify and apprehend the person or persons involved in the death or disappearance; and
(vi)     to bring the suspected offenders before a competent court.

The return shall also state other matters relevant to the investigation, its resolution and the prosecution of the case.

A general denial of the allegations in the petition shall not be allowed.

SEC. 10. Defenses not Pleaded Deemed Waived. — All defenses shall be raised in the return, otherwise, they shall be deemed waived.

SEC. 11. Prohibited Pleadings and Motions. – The following pleadings and motions are prohibited:

(a)    Motion to dismiss;
(b)     Motion for extension of time to file return, opposition, affidavit, position paper and other pleadings;
(c)    Dilatory motion for postponement;
(d)     Motion for a bill of particulars;
(e)     Counterclaim or cross-claim;
(f)     Third-party complaint;
(g)     Reply;
(h)     Motion to declare respondent in default;
(i)     Intervention;
(j)     Memorandum;
(k)     Motion for reconsideration of interlocutory orders or interim relief             orders; and
(l)     Petition for certiorari, mandamus or prohibition against any                 interlocutory order.

SEC. 12. Effect of Failure to File Return. — In case the respondent fails to file a return, the court, justice or judge shall proceed to hear the petition ex parte.

SEC. 13. Summary Hearing. — The hearing on
the petition shall be summary. However, 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 shall be from day to day until completed and given the same priority as petitions for habeas corpus.

SEC. 14. Interim Reliefs. — Upon filing of
the petition or at anytime before final judgment, the court, justice or
judge may grant any of the following reliefs:

(a) Temporary Protection Order. – The court, justice or
judge, upon motion or motu proprio, may order that the petitioner or
the aggrieved party and any member of the immediate family be protected
in a government agency or by an accredited person or private
institution capable of keeping and securing their safety. If the
petitioner is an organization, association or institution referred to
in Section 3(c) of this Rule, the protection may be extended to the
officers involved.

The Supreme Court shall accredit the persons and private
institutions that shall extend temporary protection to the petitioner
or the aggrieved party and any member of the immediate family, in
accordance with guidelines which it shall issue.

The accredited persons and private institutions shall comply with
the rules and conditions that may be imposed by the court, justice or
judge.

(b) Inspection Order. — The court, justice or judge, upon
verified motion and after due hearing, may order any person in
possession or control of a designated land or other property, to permit
entry for the purpose of inspecting, measuring, surveying, or
photographing the property or any relevant object or operation thereon.

The motion shall state in detail the place or places to be
inspected. It shall be supported by affidavits or testimonies of
witnesses having personal knowledge of the enforced disappearance or
whereabouts of the aggrieved party.

If the motion is opposed on the ground of national security or of
the privileged nature of the information, the court, justice or judge
may conduct a hearing in chambers to determine the merit of the
opposition.

The movant must show that the inspection order is necessary to
establish the right of the aggrieved party alleged to be threatened or
violated.

The inspection order shall specify the person or persons authorized
to make the inspection and the date, time, place and manner of making
the inspection and may prescribe other conditions to protect the
constitutional rights of all parties. The order shall expire five (5)
days after the date of its issuance, unless extended for justifiable
reasons.

(c) Production Order. – The court, justice or judge, upon
verified motion and after due hearing, may order any person in
possession, custody or control of any designated documents, papers,
books, accounts, letters, photographs, objects or tangible things, or
objects in digitized or electronic form, which constitute or contain
evidence relevant to the petition or the return, to produce and permit
their inspection, copying or photographing by or on behalf of the
movant.

The motion may be opposed on the ground of national security or of
the privileged nature of the information, in which case the court,
justice or judge may conduct a hearing in chambers to determine the
merit of the opposition.

The court, justice or judge shall prescribe other conditions to protect the constitutional rights of all the parties.

(d) Witness Protection Order. – The court, justice or
judge, upon motion or motu proprio, may refer the witnesses to the
Department of Justice for admission to the Witness Protection, Security
and Benefit Program, pursuant to Republic Act No. 6981. The court,
justice or judge may also refer the witnesses to other government
agencies, or to accredited persons or private institutions capable of
keeping and securing their safety.

SEC. 15. Availability of Interim Reliefs to Respondent.
– Upon verified motion of the respondent and after due hearing, the
court, justice or judge may issue an inspection order or production
order under paragraphs (b) and (c) of the preceding section.

A motion for inspection order under this section shall be supported
by affidavits or testimonies of witnesses having personal knowledge of
the defenses of the respondent.

SEC. 16. Contempt. – 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
contemnor may be imprisoned or imposed a fine.

SEC. 17. Burden of Proof and Standard of Diligence Required.
– The parties shall establish their claims by substantial evidence. The
respondent who is a private individual or entity must prove that
ordinary diligence as required by applicable laws, rules and
regulations was observed in the performance of duty. The respondent who
is a public official or employee must prove that extraordinary
diligence as required by applicable laws, rules and regulations was
observed in the performance of duty. The respondent public official or
employee cannot invoke the presumption that official duty has been
regularly performed to evade responsibility or liability.

SEC. 18. Judgment. — The court shall
render judgment within ten (10) days from the time the petition is
submitted for decision. If the allegations in the petition are proven
by substantial evidence, the court shall grant the privilege of the
writ and such reliefs as may be proper and appropriate; otherwise, the
privilege shall be denied.

SEC. 19. Appeal. – Any party may appeal
from the final judgment or order to the Supreme Court under Rule 45.
The appeal may raise questions of fact or law or both. The period of
appeal shall be five (5) working days from the date of notice of the
adverse judgment. The appeal shall be given the same priority as in
habeas corpus cases.

SEC. 20. Archiving and Revival of Cases. –
The court shall not dismiss the petition, but shall archive it, if upon
its determination it cannot proceed for a valid cause such as the
failure of petitioner or witnesses to appear due to threats on their
lives.

A periodic review of the archived cases shall be made by the amparo
court that shall, motu proprio or upon motion by any party, order their
revival when ready for further proceedings. The petition shall be
dismissed with prejudice upon failure to prosecute the case after the
lapse of two (2) years from notice to the petitioner of the order
archiving the case.

The clerks of court shall submit to the Office of the Court
Administrator a consolidated list of archived cases under this Rule not
later than the first week of January of every year.

SEC. 21. Institution of Separate Actions. — This Rule shall not preclude the filing of separate criminal, civil or administrative actions.

SEC. 22. Effect of Filing of a Criminal Action.
– When a criminal action has been commenced, no separate petition for
the writ shall be filed. The reliefs under the writ shall be available
by motion in the criminal case.

The procedure under this Rule shall govern the disposition of the reliefs available under the writ of amparo.

SEC. 23. Consolidation. – When a criminal
action is filed subsequent to the filing of a petition for the writ,
the latter shall be consolidated with the criminal action.

When a criminal action and a separate civil action are filed
subsequent to a petition for a writ of amparo, the latter shall be
consolidated with the criminal action. After consolidation, the
procedure under this Rule shall continue to apply to the disposition of
the reliefs in the petition.

SEC. 24. Substantive Rights. — This Rule shall not diminish, increase or modify substantive rights recognized and protected by the Constitution.

SEC. 25. Suppletory Application of the Rules of Court. – The Rules of Court shall apply suppletorily insofar as it is not inconsistent with this Rule.

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.

SEC. 27. Effectivity. – This Rule shall take effect on October 24, 2007, following its publication in three (3) newspapers of general circulation.