MANILA, Philippines – (UPDATE 2) The Supreme Court is studying the expansion of the powers of the writ of amparo to cover not only extrajudicial killings and enforced disappearances but also to protect the economic, social, and cultural rights of the poor, Chief Justice Reynato Puno said Thursday.
Puno disclosed this in his speech at the “Kabuhayan, Karapatan, Katarungan,” a forum on Economic, Social, and Cultural Rights: Violations and Remedies at the College of Law of the University of the Philippines in Diliman, Quezon City.
Puno said that in Latin American countries, the writ of amparo also covered other rights in order to protect the poor.
“We are also studying the possibility of widening the coverage of the writ of amparo by providing protection to economic, social, and cultural rights, including protection against demolitions and bringing the judiciary closer to the poor,” Puno said in Filipino.
He also cited the report released Wednesday by the Commission on Human Rights (CHR), which stated that the number of extrajudicial killings has “significantly dropped” by as much as 70 percent compared to that of 2005.
“Marahil ay dapat talagang pag-aralan na palawigin pa ang proteksyon ng writ of amparo [Perhaps there is really a need to study the expansion of the coverage of protection provided by the writ of amparo],” Puno said.
The writ of amparo, which took effect on Oct. 24, 2007 is the judicial remedy available to any person whose right to life, liberty and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual. Under Administrative Matter No. 07-9-12-SC, the writ of amparo covers existing extra-legal killings and enforced disappearances or threats thereof.
Puno said, the high tribunal was exerting all efforts to make justice more accessible to the people.
"We will see how we can extend further the Philippine Writ of Amparo," Puno said.
Aside from expanding the writ of amparo, Puno said the high court was also studying all the recommendations that were given to them in a forum last July 9 on Increasing Access to Justice.
These include exemption to pay bailbonds on special cases involving the marginalized sector like the indigenous people, reducing payment of docket fees for poor litigants, reducing copy of pleadings required by the courts, prohibiting the sale of transcript of stenographic notes, creating legal clinics to familiarize the marginalized sectors on the judiciary.
He added that the Supreme Court's Technical Working Group has also finished its outline on the Rule of Procedure for Small Claims Cases where there would be special courts to hear cases involving amounts less than P100,000 without any more need for any legal representation and would involve a faster process.
During the forum, militant groups from the children, labor, agricultural, and environmental sectors presented their problems and recommendations to Puno, underscoring the need for accessible justice to the poor.
Lawyer Jules Matibag from the National Union of People's Lawyers (NUPL) said there was a need to protect the poor from SLAPP, or Strategic Lawsuits Against Public Participation. These SLAPP cases, he said, were particularly targeted towards the poor and marginalized sectors in society, prohibiting them from practicing their basic constitutional rights.
“Ang mga SLAPP cases na ito ay may layuning manakot, manggipit, at magpahirap sa publiko tulad na lang nga mga [These SLAPP cases are meant to sow fear, pressure, and make it difficult for the public like the] multimillion libel cases, slander...that people feel it difficult to pursue justice,” Matibag said.
He added that the usual victims of SLAPP cases were students, media, residents, and indigenous groups.
Matibag proposed “SLAPP back” cases where the subject of the complaint could file countersuits that would seek appropriate actions on damages caused by the SLAPP complaint.
Puno also assured militant groups in the forum that he would give attention to their problems and recommendations, “to respond to the SLAPP cases that are being used to confuse and stop the upholding of economic, social, and cultural rights under the Constitution. Part of this will also be the SLAPP back action for damages against those filing senseless SLAPP cases. We will also study processes that are being implemented in Canada, US, and Europe where SLAPP cases and SLAPP back actions originated.”
“I will give attention to your proposals. Everything that you’ve said were true… especially about the elite-dominated constitutional government system. Only those who are blind and deaf cannot see the truth and that truth has been taught long ago,” Puno said in Filipino.
