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  • What Is Writ of Amparo

    Загружено:

    Thea Lynn G. Ledesma
    217 просмотров13 страниц
    On August 17, 2007 Puno said that the writ of amparo, would bar the military plea of denial (at a speech at the Volunteers Against Crime and Corruption's 9th anniversary, Camp Crame). Under the writ, plaintiffs or victims will have the right of access to information on their lawsuits—a constitutional right called the "habeas data" derived from constitutions of Latin America. The final draft of these twin writs (retroactive) will be promulgated on October. Puno tersely summed the writs "In other words, if you have this right, it would be very, very difficult for State agents, State authorities to be able to escape from their culpability."[30][31] Puno stated that with the writ of Habeas corpus, the writs of Habeas Data and writ of amparo will further assist "those looking for missing loved ones".[5] On August 30, 2007, Puno (speech at Silliman University in Dumaguete City, Negros Oriental) promised to institute the writ of habeas data (“you should have the idea” or “you should have the data”). Puno explained that amparo bars alibi, while Habeas Data "can find out what information is held by the officer, rectify or even the destroy erroneous data gathered". Brazil used the writ, followed by Colombia, Paraguay, Peru, Argentina and Ecuador.[32] The Philippine 1987 Constitution was derived from the 1973 Ferdinand Marcos Constitution, its 1981 amendment, from the 1935 constitution, and from the United States Constitution. The United States Constitution was adopted in its original form on September 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania, and later ratified by conventions in each state in the name of "the People." The U.S. Constitution is the oldest written national constitution except possibly for San Marino 's Statutes of 1600, whose status as a true constitution is disputed by scholars. 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.”[33] [34] The literal translation from Latin of Habeas Data is “you should have the data”. Habeas Data is a constitutional right to protect, per lawsuit filed in court, to protect the image, privacy, honour, 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 (via rectification or destruction of the personal data held. Habeas Data originated, inter alia, from the Council of Europe’s 108th Convention on Data Protection of 1981 (aimed at protecting the privacy of the individual regarding the automated processing of personal data; with right to access their personal data held in an automated database.

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    What is Writ of Amparo

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    On August 17, 2007 Puno said that the writ of amparo, would bar the military plea of denial (at a speech at the Volunteers Against Crime and Corruption's 9th anniversary, Camp Crame). Under the writ, plaintiffs or victims will have the right of access to information on their lawsuits—a constitutional right called the "habeas data" derived from constitutions of Latin America. The final draft of these twin writs (retroactive) will be promulgated on October. Puno tersely summed the writs "In other words, if you have this right, it would be very, very difficult for State agents, State authorities to be able to escape from their culpability."[30][31] Puno stated that with the writ of Habeas corpus, the writs of Habeas Data and writ of amparo will further assist "those looking for missing loved ones".[5] On August 30, 2007, Puno (speech at Silliman University in Dumaguete City, Negros Oriental) promised to institute the writ of habeas data (“you should have the idea” or “you should have the data”). Puno explained that amparo bars alibi, while Habeas Data "can find out what information is held by the officer, rectify or even the destroy erroneous data gathered". Brazil used the writ, followed by Colombia, Paraguay, Peru, Argentina and Ecuador.[32] The Philippine 1987 Constitution was derived from the 1973 Ferdinand Marcos Constitution, its 1981 amendment, from the 1935 constitution, and from the United States Constitution. The United States Constitution was adopted in its original form on September 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania, and later ratified by conventions in each state in the name of "the People." The U.S. Constitution is the oldest written national constitution except possibly for San Marino 's Statutes of 1600, whose status as a true constitution is disputed by scholars. 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.”[33] [34] The literal translation from Latin of Habeas Data is “you should have the data”. Habeas Data is a constitutional right to protect, per lawsuit filed in court, to protect the image, privacy, honour, 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 (via rectification or destruction of the personal data held. Habeas Data originated, inter alia, from the Council of Europe’s 108th Convention on Data Protection of 1981 (aimed at protecting the privacy of the individual regarding the automated processing of personal data; with right to access their personal data held in an automated database.

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    217 просмотров13 страниц

    What Is Writ of Amparo

    Загружено:

    Thea Lynn G. Ledesma
    On August 17, 2007 Puno said that the writ of amparo, would bar the military plea of denial (at a speech at the Volunteers Against Crime and Corruption's 9th anniversary, Camp Crame). Under the writ, plaintiffs or victims will have the right of access to information on their lawsuits—a constitutional right called the "habeas data" derived from constitutions of Latin America. The final draft of these twin writs (retroactive) will be promulgated on October. Puno tersely summed the writs "In other words, if you have this right, it would be very, very difficult for State agents, State authorities to be able to escape from their culpability."[30][31] Puno stated that with the writ of Habeas corpus, the writs of Habeas Data and writ of amparo will further assist "those looking for missing loved ones".[5] On August 30, 2007, Puno (speech at Silliman University in Dumaguete City, Negros Oriental) promised to institute the writ of habeas data (“you should have the idea” or “you should have the data”). Puno explained that amparo bars alibi, while Habeas Data "can find out what information is held by the officer, rectify or even the destroy erroneous data gathered". Brazil used the writ, followed by Colombia, Paraguay, Peru, Argentina and Ecuador.[32] The Philippine 1987 Constitution was derived from the 1973 Ferdinand Marcos Constitution, its 1981 amendment, from the 1935 constitution, and from the United States Constitution. The United States Constitution was adopted in its original form on September 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania, and later ratified by conventions in each state in the name of "the People." The U.S. Constitution is the oldest written national constitution except possibly for San Marino 's Statutes of 1600, whose status as a true constitution is disputed by scholars. 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.”[33] [34] The literal translation from Latin of Habeas Data is “you should have the data”. Habeas Data is a constitutional right to protect, per lawsuit filed in court, to protect the image, privacy, honour, 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 (via rectification or destruction of the personal data held. Habeas Data originated, inter alia, from the Council of Europe’s 108th Convention on Data Protection of 1981 (aimed at protecting the privacy of the individual regarding the automated processing of personal data; with right to access their personal data held in an automated database.

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    из 13

    It 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 (Sec.
    1,Rule on the Writ of Amparo)


    Notes:

    a. it is not an available remedy for violations or
    threatened violations of the right to PROPERTY per
    se;

    b. it can be directed not only against a public official or
    employee but even against PRIVATE INDIVIDUALS or
    entities;

    In their primal and basic form these rights can
    be found in the Bill of Rights of the Philippine
    Constitution. (Art. III, Philippine Constitution)
    A petition for the writ of amparo may be filed:

    1. By the AGGRIEVED PARTY, or

    2. By any QUALIFIED person or entity IN THE
    FOLLOWING ORDER AND WHICH ORDER MUST BE
    OBSERVED:
    a. Any member of the immediate family of the
    aggrieved party, namely:
    1. the spouse,
    2. children and
    3. parents


    b. Any ascendant, descendant or collateral relative of
    the aggrieved party within the 4
    th
    civil degree of
    consanguinity or affinity, in default of the members of
    the immediate family of the aggrieved party as
    mentioned above;

    c. If there is no known member of the immediate
    family or relative of the aggrieved party, then ANY of
    the following:
    1. concerned citizen
    2. concerned organization or association
    3. concerned institution (Sec. 2, Amparo Rule)
    Notes:

    If the AGGRIEVED PARTY files the petition, the
    said filing suspends the right of all other authorized
    parties to file a similar petition;

    The filing of a petition by an authorized party on
    behalf of the aggrieved party suspends the right of all
    others; (Sec. 2, AmparoRule)

    A petition for the issuance of a writ of amparo, can be
    filed:
    1. On ANY DAY and at ANY TIME;
    2. With:
    a. The REGIONAL TRIAL COURT (RTC) of the place
    where the threat, act or omission committed or any of its
    elements occurred;
    b. The SANDIGANBAYAN;
    c. The COURT OF APPEALS;
    d. The SUPREME COURT;
    e. or with ANY OF THE JUSTICES of the
    Sandiganbayan, Court of Appeal or Supreme Court;(Sec. 3,
    Amparo Rule)

    YES. The writ shall be enforceable ANYWHERE
    in the Philippines. (Sec. 3, Amparo Rule)
    What are the contents of a petition
    for the writ of amparo?

    The petition must be:
    a. signed, and
    b. verified by the petitioner

    Verification A pleading is verified by an affidavit
    that the affiant has read the pleading and that the
    allegations therein are true and correct of his personal
    knowledge or based on authentic records. (Rule 7, Sec. 4,
    Rules of Court)


    It shall allege the following:
    (a) The personal circumstances of the petitioner;

    (b) The name and personal circumstances of the
    person or entity (called the respondent) responsible
    for the threat, act or omission;

    (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 remedies.
    (Sec. 5, Amparo Rule)

    What should the court, justice or judge do
    immediately upon the filing of the
    petition?

    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.
    1. The clerk of court shall issue the writ under the
    seal of the court, or
    2. 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. (Sec.
    6, Amparo Rule)

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