IN THE KNOW: Writ of amparo
The Supreme Court promulgated the writ of amparo on Sept. 25, 2007, as a legal remedy to the increasing incidence of extralegal killings and enforced disappearances of activists and journalists during the Gloria Macapagal-Arroyo administration.
Extralegal killings are defined as “those committed without due process of law” including “the illegal taking of life regardless of the motive, summary and arbitrary executions, ‘salvagings’ even of suspected criminals, and threats to take the life of persons who are openly critical of erring government officials and the like.”
Enforced disappearances include “an arrest, detention or abduction of a person; the refusal of the state to disclose the fate or whereabouts of the person concerned; or a refusal to acknowledge the deprivation of liberty which places such persons outside the protection of the law.”
The writ, from the Spanish word “amparar” (to protect), was seen as a deterrent to abuses committed by the military and police.
The writ may be filed at no cost in the Supreme Court, Court of Appeals, Regional Trial Courts and Sandiganbayan and requires a summary hearing in seven days from its issuance.
A temporary protection order (TPO) may be issued to the aggrieved party or family. If the petitioner is an institution, the TPO will cover its officers.
Respondents, whether government officials or private persons, are required to respond to a petition for the writ in 72 hours. —COMPILED BY KATHLEEN DE VILLA, INQUIRER RESEARCH
Source: Inquirer Archives, ca.judiciary.gov.ph
