WRIT OF AMPARO

The Rule on Writ of Amparo, AM No. 07-9-

1-!"
It is a remedy available to any person whose right
to life, liberty and security has been violated or is
threatened with violations of unlawful act or
omission of public ofcial or employee, or of a
private individual or entity. The writ covers
extralegal killings and enforced disappearances
and threats thereof.
A special constitutional writ to protect or enforce
a constitutional right ( other than physical liberty
which is already covered by writ to habeas
corpus, in consonance with the power of the
!upreme "ourt to adopt rules to protect and
enforce constitutional rights.
#o$ernin% la&
The #ule on $rit of Amparo, A% &o. '()*)+,)!",
Approved on !eptember ,- ,''(
'(e)ti$it*+
It took e.ect on /ct ,', ,''(, following its
publication in three newspapers of general
circulation.
Who ma* ,le petition for i--uan)e of &rit of
amparo
The petition may be 0led by the aggrieved party
or by any 1uali0ed person or entity in the
following order2
+. Any member of immediate family, namely2
the spouse, children and parents of the
aggrieved party3
,. Any ascendant, descendant or collateral
relative of the aggrieved party within the
fourth civil degree of consanguinity or
afnity, in default of those mentioned in
the preceding paragraph, or
4. Any concerned citi5en, organi5ation,
association or institution, if there is no
known member of immediate family or
relative of aggrieved party.
The 0ling of a petition by aggrieved party
suspends the right of all other authori5ed parties
to 0le petition. 6ikewise, the 0ling of the petition
by an authori5ed party on behalf of the aggrieved
party suspends the right of all others, observing
the order establishing therein.
To &hi)h )ourt ma* the petition ma* .e ,le/
an/ &hat i- the e0tent of it- enfor)ea.ilit*
7etition may be 0led on any day and at any time
with the #T" of the place where the threat, act or
omission was committed or any of its elements
occurred, or with the !andiganbayan, "ourt of
Appeals, the !upreme "ourt, or any 8ustice of
such courts. The writ shall be enforceable
anywhere in the 7hilippines.
If issued by a #T" or any 8udge thereof, the writ
shall be returnable before such court or 8udge.
$hen issued by the !andiganbayan or "ourt of
Appeals or any of their 8ustices, it may be
returnable before such court or any 8ustice
thereof, or to any #T" of the place where the
threat, act or omission was committed or any of
its elements occurred.
$hen issued by the !upreme "ourt or its 8ustices,
it may be returnable before such "ourt or any
8ustice thereof, or before !andiganbayan or "ourt
of Appeals or any of their 8ustices, or to #T" of the
place where the threat, act or omission was
committed or any of its elements occurred.
"an the Writ of Amparo .e ,le/ on
!atur/a*- an/ !un/a*-1
9es. The petition may be 0led on any day and
also at any time considering that such is the
protection of mother of all rights, the right to life.
There i- NO /o)2et an/ other la&ful fee- for
the petition.
The court, 8ustice of 8udge shall docket the
petition and act upon it immediately.
What the petition for Writ of Amparo mu-t
)ontain1
The petition shall be signed and veri0ed and shall
allege the following2
+. The personal circumstances of the
petitioner
,. &ame 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.
4. 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 committed with the
attendant circumstances detailed in
supporting afdavits
:. The investigation conducted, if any,
specifying the names, personal
circumstances, and address of the
investigating authority or individuals, as
well as the manner and conduct of the
investigation, together with any report.
-. 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 omission3 and
;. The relief prayed for the petition may
include a general prayer for other 8ust and
e1uitable reliefs
3pon ,lin% of the petition, the )ourt, 4u-ti)e
or 4u/%e -hall imme/iatel* or/er the
i--uan)e of the &rit if on it- fa)t it ou%ht to
i--ue.
The clerk of court shall issue the writ under the
seal of the court, or in case of urgent necessity,
the 8ustice or the 8udge may issue the writ under
his or her own hand, and may deputi5e any
ofcer or person to serve it.
The writ shall also set the date and time for
summary heading of the petition which shall not
be later than seven (( days from the date of its
issuance.
Puni-hment if the )ler2 refu-e- to i--ue or
-er$e the &rit
The clerk of court who refuses to issue the writ
after its allowance, or a deputi5ed person who
refuses to serve the same, shall be punished y
the court, 8ustice or 8udge for contempt without
pre8udice to other disciplinary actions.
5o& Writ of Amparo i- .ein% -er$e/
The writ is served on the respondent and the
server shall retain a copy on which to make a
return of service. In case the writ cannot be
served personally on the respondent, the rules on
substituted service shall apply.
After the -er$i)e of the &rit, the re-pon/ent
mu-t+
$ithin (, hours after service of the writ, the
respondent shall 0le a written return together
with supporting afdavits which shall among
other things, contain the following2
+. 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.
,. 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.
4. All the relevant information in the
possession of the respondent pertaining to
the threat, act or omission against the
aggrieved party3 and
:. If the respondent is a public ofcial or
employee, the return shall further state
the actions that have been or will be
taken2
a. To recover the identity of the
aggrieved party
b. To recover and preserve the
evidence related to the death or
disappearance of the person
identi0ed in the petition which may
aid in the prosecution of the
person or persons responsible
c. To identify witnesses and obtain
statements from them concerning
the death or disappearances
d. To determine the cause, manner,
location and time of the death or
disappearance as well as any
pattern or practice that may have
brought about the death or
disappearance.
e. To identify and apprehend the
person or persons involved in the
death or disappearance3 and
f. To bring the suspected o.enders
before a competent court
The return shall also state other matters
relevant to the investigation, its resolution
and prosecution of cases.
The %eneral /enial of the alle%ation- in the
petition -hall not .e allo&e/. All defenses
shall be raised in the return, otherwise, they shall
be deemed waived. !ec. *, last sentence.
If the re-pon/ent fail- to ,le a return, &hat
&ill happen to the pro)ee/in%1
The court, 8ustice, or 8udge shall proceed to hear
the petition e0 parte or even without the
appearance of the respondent.
Plea/in%- an/ motion- prohi.ite/ in a
petition for Writ of Amparo
The following pleadings and motions are
prohibited2
+. %otion to <ismiss
,. %otion for extension of time to 0le return,
opposition, afdavit, position paper, and
other pleadings
4. <ilatory motion for postponement
:. %otion for bill of particulars
-. "ounterclaim or cross)claim
;. Third)party complain
(. #eply
=. %otion to declare the respondent in
default
*. Intervention
+'. %emorandum
++. %otion for reconsideration of interlocutory
orders or interim reliefs, and
+,. 7etition for certiorari, mandamus,
prohibition against any interlocutory order
>&ote ? @ven %T< with a ground of lack of
8urisdiction is not allowed.
Nature of the hearin% on the petition of the
&rit
It shall be summary. Aowever, the court, 8ustice,
or 8udge may call for a preliminary conference to
simplify issues and determine the possibility of
obtaining stipulations and admissions from the
parties. The hearing be from day to day until
completed and given the same priority as habeas
corpus.
Interim relief- a$aila.le to the petitioner-
Bpon 0ling of the petition or at any time before
0nal 8udgment, the court, 8ustice or 8udge may
grant any of the following reliefs2
+. Temporary 7rotection /rder
,. Inspection /rder
4. 7roduction /rder
:. $itness 7rotection /rder
These are provisional reliefs that the courts may
grant in order to, inter alia, protect the witnesses
and the rights of the parties, and to preserve all
relevant evidence. These provisional reliefs are
intended to assist the court before it arrives at a
8udicious determine of amparo petition.
Are interim relief- a$aila.le to the
re-pon/ent1
Are interim relief- a$aila.le to the
re-pon/ent1
6e-, but only the interim reliefs of in-pe)tion
or/er and pro/u)tion or/er.
These interim reliefs may be issued only2
+. After a veri0ed motion is 0led by the
respondent,
,. !upported by afdavits or testimonies of
witnesses having personal knowledge or
defenses of the respondent,
4. After due hearing.
7ur/en of Proof for Petition for Writ of
Amparo
7arties shall establish their claims by -u.-tantial
e$i/en)e.
The respondent who is a private individual or
entity must prove that or/inar* /ili%en)e as
re1uired by applicable laws, rules and regulations
were observed in the performance of the duty.
The respondent who is a public ofcial or
employee must prove that e0traor/inar*
/ili%en)e as re1uired by applicable laws, rules,
and regulations are observed in the performance
of duty.
!u.-tantial e$i/en)e ? Cuantum of evidence
which a reasonable mind might accept as
ade1uate to support a conclusion.