Writs of Amparo, Habeas Data, Kalikasan

Question 1

What is the Rule on the Writ of Amparo?

Answer 1

A.M. No. 07-9-12-SC (25 September 2007): The Rule on the Writ of Ampar

Question 2

The Rule on the Writ of Amparo

Sec. 1. Petition. – The petition for a writ of amparo is a remedy available to any person whose right to _________________ is violated or threatened with violation by an unlawful act or omission of a _____________ or __________, or of a ___________ individual or entity.

Answer 2

life, liberty and security;
public official;
employee;
private

Question 3

What is the purpose of the Writ of Amparo?

Answer 3

The Writ of Amparo serves both preventive and curative roles in addressing the problem of extralegal killings and enforced disappearances.

[Secretary of National Defense v. Manalo G.R. No. 180906 (2008)].

Question 4

What is the preventive role of the Writ of Amparo?

Answer 4

It is preventive in that it breaks the expectation of impunity in the commission of these offenses;

[Secretary of National Defense v. Manalo G.R. No. 180906 (2008)].

Question 5

What is the curative role of the Writ of Amparo?

Answer 5

it is curative in that it facilitates the subsequent punishment of perpetrators as it will inevitably yield leads to subsequent investigation and action

[Secretary of National Defense v. Manalo G.R. No. 180906 (2008)].

Question 6

What is the scope of the Writ of Amparo?

Answer 6

The Amparo Rule was intended to address the intractable problem of “extralegal killings” and “enforced disapperances,” and its coverage, in its present form is confined to these instances or to threats thereof.

Question 7

What are extralegal killings?

Answer 7

killings committed without due process of law, i.e., without legal safeguards or judicial proceedings.”

Question 8

What are enforced disappearances?

Answer 8

attended by the following characteristics: an arrest, detention or abduction of a person by a government official or organized groupsor private individuals acting with the direct or indirect acquiescence of the government; the refusal of the State to disclose the fate or whereabouts of the person concerned or a refusal to acknowledge the deprivation of liberty which places such persons outside the protection of law.

Question 9

Can the Amparo rule be applied on the issue of child custody and exercise of parental rights over a child?

Answer 9

NO.

If what is involved is the issue of child custody and the exercise of parental rights over a child, who, for all intents and purposes, has been legally considered a ward of the State, the Amparo rule cannot be properly applied

[Caram v. Segui, G.R. No. 193652 (2014)].

Question 10

What are the elements constituting “enforced disappearances”?

Answer 10

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 amparo petition; and,

d. that the intention for such refusal is to remove subject person from the protection of the law for a prolonged period of time.

Question 11

What is the basis of the Rule on Amparo?

Answer 11

Sec. 5, Art. VIII.

The Supreme Court shall have the following powers: xxx (5) Promulgate rules concerning the protection and enforcement of constitutional rights, xxx. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights.

Question 12

What is the form of the petition for Writ of Amparo?

Answer 12

The petition shall be signed and verified [Sec. 5].

Question 13

What should the petition of the Writ of Amparo allege?

Answer 13

1. The personal circumstances of the petitioner
2. 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
3. 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
4. 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
5. 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
6. The relief prayed for.

Question 14

When may the petition for the writ of Amparo be filed?

Answer 14

The petition may be filed on any day and at any time

Question 15

What is the requirement of return in the petition for Writ of Amparo?

Answer 15

Within 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 his defenses. A general denial is not allowed [Sec. 9].

Question 16

What is the proof required in petition for Writ of Amparo?

Answer 16

For the protective writ of amparo to issue in enforced disappearance cases, allegation and proof that the persons subject thereof are missing are not enough. It must also be shown by the required quantum of proof that their disappearance was carried out by, or with the authorization, support or acquiescence of, [the government] or a political organization, followed by a refusal to acknowledge [the same or] give information on the fate or whereabouts of [said missing] persons

[Navia v. Pardico, G.R. No. 184467 (2012)].

Question 17

What are the defenses available in Writ of Amparo proceedings?

Answer 17

1. Private individual – ordinary diligence
2. Public official – extraordinary diligence, no presumption of regularity of duties [Sec. 17]

Note: Command responsibility is a way of impleading a superior of the accused (subject of the writ) to be made responsible for the crimes committed by his subordinates — by failing to prevent or punish the said accused.

Question 18

Is a production order under the Amparo rule like a search warrant?

Answer 18

NO.

As regards the relief granted, the Court held that the production order under the Amparo rule is different from a search warrant and may be likened to the production of documents or things under Rule 27.1, ROC [Secretary of National Defense v. Manalo, supra].

Question 19

What is the rule on the Writ of Habeas Data?

Answer 19

A.M. No. 08-1-16-SC (25 January 2008)

Question 20

What is the writ of habeas data?

Answer 20

an independent and summary remedy designed to protect the image, privacy, honor, information, and freedom of information of an individual, and to provide a forum to enforce one’s right to the truth and to informational privacy.

Question 21

How to determine whetherr the privilege of the writ of habeas data should be granted?

Answer 21

Right to Informational Privacy v Legitimate State Interest

The determination of whether the privilege of the writ of habeas data, being an extraordinary remedy, may be granted in this case entails a delicate balancing of the alleged intrusion upon the private life of Gamboa and the relevant state interest involved [Gamboa v. Chan, supra].

Question 22

What is the rule on the Writ of Kalikasan?

Answer 22

A.M. No. 09-6-8-SC (13 April 2010)

Question 23

What is the definition of the Writ of Kalikasan?

Answer 23

Remedy against violation or threat of violation of constitutional right to a balanced and healthful ecology by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces

Question 24

What are the requisites of the Issuance of the Writ?

Answer 24

For a writ of kalikasan to issue, the following requisites must concur:

a. There is an actual or threatened violation of the constitutional right to a balanced and healthful ecology;
b. The actual or threatened violation arises from an unlawful act or omission of a public official or employee, or private individual or entity; and
c. The actual or threatened violation involves or will lead to an environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces

[Segovia v. Climate Change Commission, G.R. No. 211010 (2017)].

Note: It is well-settled that a party claiming the privilege for the issuance of a writ of kalikasan has to show that a law, rule or regulation was violated or would be violated [Segovia v. Climate Change Commission, supra].

Question 25

Who may file a petition for the Writ of Kalikasan?

Answer 25

Natural or juridical persons, NGO or public interest groups in behalf of persons whose right is violated.

Question 26

Who has jurisdiction over petitions for Writ of Kalikasan?

Answer 26

Supreme Court
or
Court of Appeals

Question 27

When is the Writ of Kalikasan issued?

Answer 27

Within three (3) days from the date of filing of the petition, if the petition is sufficient in form and substance

Question 28

What is required in the ‘return of respondent’ in petition for writ of kalikasan?

Answer 28

Within a non-extendible period of ten (10) days after service of the writ, the respondent shall file a verified return which shall contain all defenses; all defenses not raised are deemed waived.

Question 29

What reliefs are granted in the Writ of Kalikasan?

Answer 29

Permanent cease and desist order against the respondent, directive to respondent to protect, preserve, rehabilitate or restore the environment; to monitor strict compliance with the decision and orders of ther court, to make periodic reports on the execution of the final judgment, and other reliefs [Sec. 15, Rule 7].

“A rehabilitation or restoration program to be implemented at the cost of the violator is also a major relief that may be obtained under a judgment rendered in a citizens’ suit under the Rules” [Arigo v. Swift, G.R. No. 206510 (2014)].