Where should the petition for writ of amparo be filed?

- The RTC, CA, SB and SC has original concurrent jurisdiction.

You should be able to distinguish writ of habeas corpus and writ of amparo. One of the
distinctions is that in the petition for writ of amparo, it could be filed in the SB. But for writ of
amparo, it is not mention whether you can file it in the SB or not.

What is the rationale why there is a rule that provides for an order who can file the petition
writ of amparo? To prevent the indiscriminate filing of groundless petitions.
When to file? At any time and any day.
Where? At the RTC of the place where the threat act or omission is committed or where any of
its essential elements occurred or with the SB, CA, SC or any justice of such court.
The writ is enforceable anywhere in the Philippines even issued by the RTC.

One distinction of writ of habeas corpus and writ of amparo is that writ of habeas corpus when
issued by an RTC is only enforceable within the judicial region where the RTC is located. But if
the writ is writ of amparo, it is enforceable anywhere in the Philippines.

What is the rationale of the requirement that the petition should be filed at the place where
the threat or act or omission or where any of its elements occurred? To prevent the petition to
be filed in far flung area to harass the respondent. And so that the effective administration of
justice may not be prejudiced because usually witnesses and evidence are found within the
jurisdiction of the RTC where the act or omission occurred.

When issued by the RTC or any judge thereof, the writ shall be returnable with such court or
judge. This means the report and the answer of the respondent. When issued by the SB, CA, it
may be returnable with such court or with the RTC where the act or omission occurred. When
issued by the SC or with any justice thereof, it should be returnable before such court or any
justice thereof, or CA, SB or the RTC where the act or omission was committed.

What is the purpose of the rule allowing the filing of the petition on any day and at any time?
To emphasize the importance of the petition, the extraordinary of the writ which is the right to
life.

Sec.4 The petition shall be exempted from the payment of the docket and other laful fees
when filing the petition. The court, justice or judge shall docket the petition and act upon it
immediately.

Sec. 5 contents of the petition.

It must be verified and allege the following: (MEMORIZE)

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
addressed of the investigation authority or individuals, as well as the manner and
conduct of the investigation, together with the 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.

In the case of Navea et al vs Pardico GR. No. 184467, June 19 2012. SC held that proof of
disappearance is not enough. It is essential to establish that such disappearance is carried out
with the direct or indirect authorization, support or acquiescence of the government.

What is the purpose of these requirements? To prevent the premature use or misuse of the
writ for a fishing expedition.

The rule is that the petition should be verified but there is no rule about certification of non-
forum shopping. But remember that Certification of non-forum shopping is required in all
initiatory pleading.

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 that seven days form the date of its issuance.

The writ is equivalent to summons. The court shall issue the writ upon finding the petition to be
sufficient in form and substance.

There is case where the court instead of issuing the writ, it issued summons to the respondent.
Since the respondent did not file her answer, the court declared him in default and rendered
judgment. Is the court correct? Look at the case of Delima vs Gatdula, GR No. 204528, Feb. 19,
2013. In this case, the SC explained the nature of the writ of amparo.
Sec. 7 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 action.

Sec. 8 How the writ is served. The writ shall be served personally. If the same cannot be
served personally, substituted service may apply. But the priority must be service in person.

Sec. 9 Return; contents. Within 5 working days 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; (example of this is arrest through a warrant of arrest)
b. The steps or actions taken by the possession to determine the fate or whereabouts of
the aggrieved party and the person or persons responsible for the threat, act or
omission; (it is not enough the respondent denies the allegation in the petition, he must
take steps or actions as provided in this section)
c. All relevant information in the possession of the respondent pertaining to the threat, act
or omission against the aggrieved party; and if the respondent is a public official or
employee, the return shall further state the actions that have been or will still be taken:
1. To verify the identity of the aggrieved party;
2. 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;
3. To identify witnesses and obtain statements from them concerning the death or
disappearance;
4. 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;
5. To identify and apprehend the person or persons involved in the death or
disappearance; and
6. To bring the suspected offenders before a competent court.