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SC eyes ‘amparo’ for squatters

Puno says writ to stop demolition of shanties

By TJ Burgonio
Philippine Daily Inquirer
First Posted 04:52:00 08/29/2008

Filed Under: Judiciary (system of justice), Justice & Rights, political killings

MANILA, Philippines—Encouraged by the effectiveness of the writ of amparo in curbing extra-judicial killings, Chief Justice Reynaldo Puno is now considering expanding the judicial remedy’s coverage to include protecting the urban poor against summary demolition of their shanties.

Speaking at a forum at the University of the Philippines, Puno on Thursday raised the possibility of expanding the writ’s coverage to include the protection of what he called the socioeconomic and cultural rights of the people.

These rights, he said, include an informal settlers’ right against demolition.

“There is really a need to study the expansion of the coverage of protection provided by the writ of amparo,” he said.

“We will study all these angles whether, in light of our laws, in light of our present rules, the writ of amparo can be expanded to extend its coverage on these various socioeconomic and cultural rights of the people,” Puno added after the forum.

He added: “We have to consider the limits of power of the Supreme Court, as well as the parameters of the power of Congress and the Executive.”

The writ of amparo is a new remedy for victims of extra-judicial killings and disappearances that was introduced by the high tribunal in October last year. It requires respondents to take action to resolve a grievance and not merely deny allegations.

On Tuesday, Commission on Human Rights Chair Leila de Lima disclosed that the number of political killings and cases of forced disappearances had dropped significantly this year, by as much as 70 percent.

During the forum, the National Union of People’s Lawyers, Bagong Alyansang Makabayan, Ibon Foundation, Pamalakaya, Kalikasan-Center for Environmental Concerns and others organizations proposed measures on how the judiciary could address violations of people’s socioeconomic and cultural rights.

The proposals included subjecting trade deals to judicial review, setting up special courts and quasi-judicial bodies to hear complaints of informal settlers, fisherfolk, farmers, indigenous peoples, women and children and dismissing suits filed by big companies to harass people advocating the rights of these people.

“I will personally give attention to your proposals,” Puno assured them.

Puno said the Supreme Court would deploy the “courts on wheels” to Davao del Norte and Sarangani Mindanao next week to speed up the resolution of cases in the areas despite fierce fighting between government troops and separatist rebels.

“Justice doesn’t stop at the sound of a gunfire,” he said.

The “courts on wheels” are courtroom buses that operate like regular courts, except that they hear and decide on a case in one day. The mobile courts have been deployed mostly to jails and detention centers around Metro Manila to expedite the hearing of the crimes of prisoners and inmates.

Puno also announced that the high tribunal would also launch the opening of “small claims cases,” or civil cases where the amount in dispute is less than P100,000, in some pilot courts.

“This will bring swift justice to the poor who can’t afford costly trials,” he said.



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