Writ Of Amparo Flashcards
What is the purpose of a writ of amparo in the Philippines?
To protect an individual’s right to life, liberty, and security against unlawful acts.
True or False: The writ of amparo can be filed by any person.
True
Fill in the blank: The writ of amparo is a legal remedy under Philippine ______.
law
What are the main grounds for filing a writ of amparo?
Threats, acts, or omissions that violate the right to life, liberty, or security.
Who can file a petition for a writ of amparo?
Any person, including a third party on behalf of the aggrieved individual.
Multiple Choice: Which of the following is NOT a requirement for a writ of amparo? A) Existence of a right B) Threat or violation C) Criminal conviction D) Exhaustion of other remedies
C) Criminal conviction
What must a petitioner prove to obtain a writ of amparo?
That there is a violation or threat of violation of their right to life, liberty, or security.
True or False: The writ of amparo can be used to challenge the validity of laws.
False
Fill in the blank: The writ of amparo is governed by ______ rules.
specific procedural
What is the timeframe for filing a petition for a writ of amparo after the alleged violation?
Within 48 hours from the occurrence of the violation or threat.
Multiple Choice: Which court has jurisdiction over the writ of amparo? A) Regional Trial Court B) Court of Appeals C) Supreme Court D) Any of the above
D) Any of the above
What is the duration of the temporary protection order issued by the court under a writ of amparo?
It is effective for 72 hours and may be extended.
True or False: A writ of amparo can be issued against private individuals.
True
What happens if the respondent fails to comply with the writ of amparo?
They may be held in contempt of court.
Fill in the blank: The writ of amparo allows for ______ of evidence to support the petition.
presentation
What is the role of the public prosecutor in a writ of amparo case?
To represent the interests of the state and ensure justice.
Multiple Choice: Which of the following can be a respondent in a writ of amparo? A) Government officials B) Private citizens C) Both A and B D) None of the above
C) Both A and B
What is the effect of a writ of amparo on the proceedings of other cases?
It does not affect the proceedings of other cases.
True or False: The writ of amparo is a constitutional remedy.
True
What is the significance of the writ of amparo in protecting human rights?
It provides a swift legal remedy to individuals facing threats to their rights.
Fill in the blank: The writ of amparo was introduced in the Philippines through the ______.
Supreme Court’s Rule on the Writ of Amparo
What is the standard of proof required in a writ of amparo petition?
Substantial evidence
True or False: The decision on a writ of amparo is appealable.
True
What can the court do if it finds the petition for a writ of amparo meritorious?
Issue a permanent protection order.
Fill in the blank: The writ of amparo may also protect the rights of ______.
communities
What are the elements constituting enforced disappearance?
(a) that there be an arrest, detention, abduction or any form of deprivation of liberty;
(b) that it be carried out by, or with the authorization, support or acquiescence of, the State ora political organization;
(c) that it be followed by the State or political organization’s refusal to acknowledge or give information on the fate or whereabouts of the person subject of the amparopetition; and,
(d) that the intention for such refusal isto remove subject person from the protection of the law for a prolonged period of time
What are extra legal killings?
Extralegal killings” are “killings committed without due process of law, i.e., without legal safeguards or judicial proceedings.”
