Chapter 8

THE WRIT OF AMPARO

*BAR Q. ’09, ‘10

A. DIAGRAM DISTINCTION BETWEEN WRITS OF AHABEAS CORPUS, AMPARO AND DATA:

WRIT OF: HABEAS AMPARO HABEAS DATA

CORPUS
LEGAL The rule was drafted Same Same
BASIS pursuant to the
Supreme Court’s
constitutional power to
promulgate rules for
protection and
enforcement of
constitutional rights
(Const. Art VIII, Sec.
5[5])
Governing Rule 102 A.M. No. 07-9-12 SC A.M. No 08-1-16-SC
Law
Definition “Habeas Corpus” is a It is a remedy available It is a remedy available to
Latin phrase which to and person whose any person whose right to
literally means “you right to life, liberty, and privacy in life, liberty of
have the body.” security has been security is violated or
Basically, it is a writ violated or is threatened threaten by an unlawful act
directed to the person with violation by an or omission of a public
 detaining another, unlawful act or official or employee, or of a
commanding him to omission of public private individual pr entity
produce the body of the official or employee, or engaged in the gathering,
prisoner at a designated of a private individual or collecting or storing of data
time and place with the entity. The writ covers or information regarding the
day and cause of his extralegal killings and person, family, home and
capture and detention, enforced disappearance correspondence of the
to do, submit to, and or threats thereof. aggrieved party.
receive whatsoever the
court or judge awarding
the writ shall consider
in that behalf
Remedy for Sec.1 Sec 1. Sec 1.
To all cases of illegal To any person who’s To any person whose right
confinement or right to life liberty and to life liberty and security is
detention: security is violated or violated or threatened with
1. By which any threatened with violation by an unlawful act
person is deprived violation by an unlawful or omission of a public
of his liberty; or act or omission of a official or employee or of a
2. By which the public official or private individual or entity
rightful custody of employee or of a private engaged in:
any person is individual or entity. 1. Gathering
withheld from the 2. Collecting
person entitled 3. Storing
thereto. Of data or information
regarding the person’s
family, home and
 correspondence of the
aggrieved party.
Effectivity The rule took effect on The rule took effect on The rule took effect on
July 1, 1997 October 24, 2007 February 2, 2008
Petitioner Sec. 3 Sec 2 Sec 2
By the party for whose By the aggrieved party, General rule:
relief it is intended, or or by any qualified
by some other person person or entity in the The aggrieved party
in his behalf. order provided in sec. 2 Except: n
In cases of extra-legal
killings and enforced
disappearances:
1. Immediate family;
2. In default of no. 1,
ascendant, descendant
or collateral relative
within the 4th civil
degree or
consanguinity or
affinity.
Venue Rule 4, Sec. 2 Sec 3. SC, CA and SB:
Where the plaintiff SC, CA and SB: Manila;
resides or where the Manila;
defendant resides, or in RTC of the place where RTC
the case of non- the threat, act or 1. Where the petitioner
resident, where he may omission was committed resides;
be found, at the or any of its elements 2. Where the respondent
 election of the plaintiff. occurred. resides;
3. This has jurisdiction
over the place where
data or information is
gathered etc.
All at the option of the
petitioner.
Extent of SC CA and SB: Anywhere in the Anywhere in the Philippines
enforceability Anywhere in the Philippines
Philippines

TC: only within its

judicial district
When to file Sec. 2 Sec. 3
On any day and at any On any day and at any
time time
Docket fees Sec 4. Sec 5.
and other Exempt Exemption only applies to
lawful fees an indigent petitioner only
Requisites of Sec 3 Sec 5 Sec 6
Petition Signed and verified Signed and verified Verified written petition
Issuance of the When it appears, it When it its face ought When in its face ought to
writ ought to be issued to issue immediately issue immediately.
immediately
However there should be
service within three days.
Summary Sec 12 Sec 6 Not later than 10 days from
Hearing Hearing on return Not later than 7 days the date of issuance.
from the date of
issuance
How served Sec 7 Sec 8 Sec 9
Service of the writ shall If the writ cannot be If the writ cannot be served
be made by leaving the served personally on the personally on the
original with the person respondent, the rules on respondent, the rules on
to whom it is directed substituted service shall substituted service shall
and preserving a copy apply. apply.
on which to make
return of service. If that
person cannot be
found, or has not the
prisoner in custody then
the service shall be
made on any person
having or exercising
such custody.
Contents of Sec 10. Verified written return Verified written return
return Signed and shall also be
sworn to if the prisoner -period to file cannot be -may be reason ably
is not produced. extended except on extended by the court for
highly meritorious justifiable grounds;
ground;
Penalties Sec 16 Sec 7 Sec 8 and 11
Clerk of a court who 1. Clerk of court who Same with writ of amparo
refuses to issue the refuses to issue
 writ; the writ;
2. Deputized person
Person to whom a writ who refuses to
is directed, who serve the same;
neglects or refuses to Penalty = contempt
obey or make return of without prejudice to
the same according to other disciplinary
the command thereof, actions.
or makes false return
thereof , refuses to Sec 16
deliver to the person 1. Respondent who
demanding, within six refuses to make a
hours after the demand return or make a
of a true copy of a false return;
warrant or order of 2. Any person who
commitment: disobeys or resists
Penalties: a lawful process
a. Forfeit to the order of the court.
party aggrieved Penalties:
the sum of one a. Contempt;
thousand pesos, b. Imprisonment;
to be recovered in c. Fine.
a proper action;
b. contempt
When defenses none none Sec 12
may be heard May be heard in chambers
in chambers
Prohibited Sec 11 Sec 13
pleading (a.) Motion to (a.) Motion to dismiss;
admissions dismiss; (b.) Motion for
(b.) Motion for extension of time to
extension of file return,
time to file opposition,
return, affidavits, position
opposition, paper and other
affidavits, pleadings;
position paper (c.) Dilatory motion for
and other postponement;
pleadings; (d.) Motion for bill of
(c.) Dilatory motion particulars
for (e.) Counterclaim or
postponement; cross-claim;
(d.) Motion for bill (f.) Third party
of particulars complaint
(e.) Counterclaim or (g.) reply;
cross-claim; (h.) motion to declare
(f.) Third party respondent in
complaint; default;
(g.) reply; (i.) intervention;
(h.) motion to (j.) memorandum;
declare (k.) motion for
respondent in reconsideration of
default; interlocutory orders
(i.) intervention; or interim relief
 (j.) memorandum; orders; and
(k.) motion for (l.) petition for
reconsideration certiorari,
of interlocutory mandamus or
orders or prohibition against
interim relief any interlocutory
orders; and order
(l.) petition for
certiorari,
mandamus or
prohibition
against any
interlocutory
order
Effect of Sec 12. Sec 14
failure to file a
return In case the respondent In case the respondent fails
fails to file a return, the to file a return, the court,
court, justice or judge justice or judge shall
shall proceed to hear proceed to hear the petition
the petition ex parte. ex parte, granting the
petitioner such relief as the
petition may warrant unless
the court in its discretion
requires the petitioner to
submit evidence.
Summary The hearing on petition Same with writ of amparo.
Hearing shall be summary.
However, the court,
justice or judge may call
for a preliminary
conference to simplify
the issues and
determine the possibility
of obtaining stipulations
and admissions from
the parties.

The hearing shall be

from day to day until
completed and given
the same priority as
petitions for habeas
corpus.
Interim Reliefs Sec 12 Sec 14
1. Unless for good
cause shown, the (a) Temporary
hearing is Protection
adjourned, in Order.- The
which the event court justice or
the court shall judge, upon
make an order motion or motu
for the safe proprio, may
keeping of the order that the
 person imprisoned petitioner or
or restrained as the aggrieved
the nature of the party and any
case requires; member of the
2. The court or immediate
judge must be family be
satisfied that the protected in a
person’s illness is government
so grave that he agency or by
cannot be an accredited
produced without person or
any danger. private
institution
capable of
keeping and
securing their
safety. If the
petitioner is an
organization,
association or
institution
referred to in
Sec 3(c) of this
rule, the
protection may
be extended to
the officers
involved.
The Supreme
Court shall
accredit the
persons and
private
institutions that
shall extend
temperate
protection to
the petitioner
or the
aggrieved party
and any
member of the
immediate
family, in
accordance
with the
guidelines
which it shall
issue.
The accredited
persons and
private
institutions
shall comply
 with the rules
and conditions
that may be
imposed by the
court, justice or
judge.
(b) Inspection
order – The
court, justice or
judge upon
verified motion
and after due
hearing, may
order the
person in
possession or
control of a
designated land
or other
property to
permit entry for
the purpose of
inspection,
measuring,
surveying, or
photographing
the property or
any relevant
object or
operation
thereon.

The motion
shall state in
detail the place
of place to be
inspected. It
shall be
supported by
affidavit or
testimonies of
witnesses
having personal
knowledge of
the enforce
disappearance
or whereabouts
of the
aggrieved
party.

If the motion is
opposed on the
ground of
national
security or of
the privileged
nature of the
information,
the court,
justice, or
judge may
conduct a
hearing in
chambers to
determine the
merit of the
opposition.

The movant
must show that
the inspection
order is
necessary to
establish the
right of the
aggrieved party
alleged to be
threatened or
violated.
The inspection
order shall
specify the
person or
persons
authorized to
make the
inspection and
the date, time,
place, manner
of making the
inspection and
may prescribe
other
conditions to
protect the
constitutional
rights of all
parties. The
order shall
expire after five
days after the
date if its
issuance,
unless
extended for
justifiable
 reasons.
(c) Production
order – the
court, justice or
judge, upon
verified motion
and after due
hearing, may
order any
person in
possession,
custody or
control of any
designated
documents,
papers, books,
accounts,
letters,
photographs,
objects or
tangible things
or objects in
digitized or
electronic form,
which
constitute or
contain
evidence
relevant to the
petition or the
return, to
produce and
permit their
inspection,
copying or
photographing
by or on behalf
of the movant.

The motion
may be
opposed on the
ground of the
national
security or of
the privilege
nature of the
information of
the
information, in
which case the
court, justice or
judge may
conduct a
 hearing in
chambers to
determine the
merit of the
opposition.

The court,
justice or judge
shall prescribe
other
conditions to
pretext the
constitutional
rights of all the
parties.

(d) Witness
Protection
Order – the
court, justice or
judge, upon
motion or motu
proprio, may
refer the
witnesses to
the department
of Justice for
admission to
the Witness
Protection
Program.

Security and
Benefit
Program,
Pursuant to RA
6981.

The court,
justice or judge
may also refer
the witnesses
to other
government
agencies, or
the accredited
persons or
private
institutions
capable of
keeping and
securing their
safety.
Judgment Sec 15 Sec 18 Sec 16
When the court or The court shall render Same with the WOA with an
judge had examined judgment within ten addition that upon finality,
into the cause of the days from the time the the judgment shall be
caption and restraint of petition is submitted for enforced by the sheriff or
the prisoner, and is decision. If the any lawful officers as may
satisfied that he is allegations in the be designated by the court
unlawfully imprisoned petition are proven by justice or judge within 5
or restrained, he shall substantial evidence, working days.
forthwith order his the court shall grant the
discharge but such privilege of the writ and
discharge shall not be such reliefs as may be
effective until a copy of proper and appropriate;
the order has been otherwise, the privilege
served on the officer or shall be denied.
person detaining the
prisoner. If the officer
or person detaining the
prisoner does not desire
to appeal, the prisoner
shall be forthwith
released.
Appeal Sec 15 in relation to Sec Sec 19 Sec 19
3 of rule 41 and sec 39 Rule 45 by petition for Same as WOA
of BP 129; review on certotiari with
48 hours from notice of peculiar features:
judgment appealed 1. Appeal may raise
 from by ordinary questions of fact
appeal. or law or both;
2. Period of appeal
shall be 5 working
days from the
date of notice of
the adverse
judgment;
3. Same priority as
habeas corpus
Return of Sec 17
Service
The officer who executed
the final judgment shall
make a verified return
within 3 days from its
enforcement
Appeal Sec 15 in relation to Sec Sec 19 Sec 19
3 of rule 41 AND Sec 39
of BP 129 Rule 45 by petition for Same as WOA
review on certiorari with
48 hours from notice of peculiar features:
judgment appealed 1. Appeal may raise
from by ordinary questions of fact
appeal. or law or both;
2. Period of appeal
shall be 5 working
 days from the
date of notice of
the adverse
judgment;
3. Same priority as
habeas corpus
cases
Archiving and Sec 20
revival of cases
The court shall not
dismiss the petition, but
shall archive it, if upon
its determination it
cannot proceed for a
valid cause such as the
failure of petitioner or
witnesses to appear due
to threats on their lives.

The petition shall be

dismissed with prejudice
upon failure to
prosecute the case after
the lapse of two years
from notice to the
petitioner of the order
archiving the case.
Institution of Sec 21 Sec 20
Separate
Actions This rule shall not Same as WOA
preclude the filing of
separate criminal, civil
or administrative
sections.
Effect of filing Sec 22 Sec 21
criminal action
When a criminal action Same as WOA
has been commenced,
no separate petition for
the writ shall be filed.
The reliefs under the
writ shall be available
by motion in the
criminal case.
Consolidation Sec 23 Sec 22

When a criminal action Same as WOA

is filed subsequent to
the filing of a petition
for the writ, the latter
shall be consolidated
with the criminal action.

When a criminal action

 and a separate civil
action are filed
subsequent to a petition
for a writ of amparo,
the latter shall be
consolidated with the
criminal action.
Substantive Sec 24 Sec 23
rights
This rule shall not Difference is that in WOA
diminish, increase or the Constitution provides
modify substantive the law from which the
rights recognized and substantive rights exist.
protected by the
constitution.
Suppletory Rule 72, Sec 2 Sec 25 Sec 24
Application of
the Rules of In the absence of The rules of court shall Same as WOA
Court special provisions, the apply suppletorily
rules provided for in the insofar as it is not
ordinary actions shall inconsistent with this
be, as far as rule.
practicable, applicable
in special proceedings.
B. Brief Background on the Writ of Amparo

The Writ of Amparo, was first adapted in Mexico in 1957 (“amparo” literally means protection). It
is broader in scope and application than the writ of habeas corpus in that it protects a person against
illegal arrest and violation of human rights. In Mexican Jurisdiction, amparo procedure has two parts.
The preliminary one suspension incident tends to prevent the consummation of alleged violations.

The Supreme Court may adopt the writ of amparo in order to effectively shield a person against
the violation of human rights by arbitrary authorities.

Justice Azcuna defined amparo as a special constitutional writ to protect or enforce a constitutional
right (other than physical liberty which is already covered by the writ of habeas corpus), in consonance
with the power of the Supreme Court to adopt rules to protect or enforce constitutional rights.
 ADOPTION LAWS REPUBLIC ACT NO. 8552
Short Title Domestic Adoption Act of 1998
What kind Judicial Adoption
Promulgation February 25, 1998
What it governs R.A 8552 amended Articles 183
up to 193 of the Family Code of
the Philippines and is the
governing law for Filipino citizens
adopting other Filipinos (whether
relatives or strangers) with some
exceptions. Recission of adoption
is no longer allowed under R.A.
8852.
Definition of Child "Child" is a person below
eighteen (18) years of age.
Who may adopt The following may adopt:
a) Any Filipino citizen
b) Any alien possessing the
same qualifications as
above stated for Filipino
nationals
c) The guardian with respect
to the ward
REPUBLIC ACT 8043
Inter-Country Adoption Act of
1995
Extrajudicial Adoption
June 7, 1995
R.A. 8043 on the other hand,
governs the adoption of Filipinos
by foreigners, and is
implemented by the Inter-
Country Adoption Board.
Child means a person below
fifteen (15) years of age unless
sooner emancipated by law.
An alien or a Filipino citizen
permanently residing abroad may
file an application for inter-
country adoption of a Filipino
child.
Qualifications Filipino Citizen
a. Legal age, in possession of
full civil capacity and legal
rights;
b. Of good moral character ,
has not been convicted of
any crime involving moral
turpitude, emotionally; and
c. Psychologically capable of
caring for children;
d. At least sixteen (16) years
older than adoptee (waived
when the adopter is the
biological parent of the
adoptee, or is the spouse
of the adoptee’s parent)
Alien
a. Same as the qualifications
of Filipino Citizen;
b. His or her country has
diplomatic relations with
the Republic of the
Philippines;
c. That he/she has been living
f. At least 27 years of age
and at least 16 years older
than the child to be
adopted, at the time of
application unless the
adopter is the parent by
nature of the child to be
adopted or the spouse of
such parent;
g. If married , his/ her spouse
must jointly file for the
adoption;
h. Has the capacity to act and
assume all rights and
responsibilities of parental
authority under his national
laws, and has undergone
the appropriate counseling
from an accredited
counselor in his/her
country;
i. Has not been convicted of
a crime involving moral
turpitude;
j. Is eligible to adopt under
his / her national law
k. Is in the position to
 in the Philippines for at
least three (3) continuous
years prior to the filing of
the application for adoption
and maintains such
residence until the adoption
decree is entered;
d. he / she has been certified
by his/her diplomatic
consular office or any
appropriate government
agency that he/she has the
legal capacity to adopt in
his/her country; and
e. his /her government allows
the adoptee to enter
his/her country as his/her
adopted son/daughter.
Residency and certification of the
alien’s qualification to adopt in
his/her country may be waived
for the following:
a. a former citizen who seeks
to adopt a relative within
the 4th degree of
consanguinity or affinity; or
provide the proper care and
support and to give the
necessary moral values and
example to all his children,
including the child to be
adopted
l. Agrees to uphold the basic
rights of the child as
embodied under Philippine
laws , the U.N. Convention
on the Rights of the Child,
and to abide by the rules
and regulations issued to
implement the provisions of
this Act;
m. Comes from a country with
whom the Philippines has
diplomatic relations and
whose government
maintains a similarly
authorized and accredited
agency and the adoption is
under his/her national
laws; and
n. Possesses all the
qualifications and none of
the disqualifications
 b. one who seeks to adopt the provided herein and in
legitimate son/daughter of other applicable laws
his/her Filipino spouse; or (Section 9)
c. if one spouse seeks to
adopt his/her own
illegitimate
son/daughter: provided
however, that the other
spouse has signified his/her
consent thereto ; or
d. if the spouses are legally
separated from each other.

In case husband and wife

jointly adopt, or one spouse
adopts the illegitimate son/
daughter of the other, joint
parental authority shall be
exercised by the spouses.

Guardian

Only after the termination of the

guardianship and clearance of
his/her financial accountabilities
(Section 7)
Who may be adopted The following may be adopted: Only a legally free child may be
the subject of inter-country
a) Any person below eighteen adoption (Section 8)
(18) years of age who has
been administratively or
judicially declared available
for adoption;

b) The legitimate
son/daughter of one
spouse by the other
spouse;

c) An illegitimate
son/daughter by a qualified
adopter to improve his/her
status to that of legitimacy;

d) A person of legal age if,

prior to the adoption, said
person has been
consistently considered and
treated by the adopter(s)
as his/her own child since
minority;

e) A child whose adoption has


Where to File Application
What petition for adoption may
include
Is there a need to include income Not required
tas returns, police clearance,
character reference, family
been previously rescinded;
or
f) A child whose biological or
adoptive parent(s) has
died: Provided, that no
proceedings shall be
initiated within six (6)
months from the time of
death of said parent(s).
(Section 8)
Family Court of the place where RTC having jurisdiction over the
the adopter resides child, or with the Inter-Country
Adoption Board, through an
intermediate agency whether
governmental or an authorized
and accredited agency; in the
country of the prospective
adoptive parents. (Section 10)
May include prayer for change of Only petition for adoption.
name, ratification of simulated
birth or declaration that the child
is a foundling, abandoned,
dependent or neglected child.
Required to be annexed to the
petition
picture, birth certificate of
adopter
What law will apply when a R.A 8552 will apply. R.A. 8043 does not apply
foreigner is married to a Filipino
citizen seeks to adopt jointly with
his/her spouse a relative within
the fourth degree of
consanguinity or affinity of the
Filipino spouse
Supervised Trial Custody Supervised trial custody period in Supervised trial custody period in
the Philippines for at least six (6) the Philippines for at least six (6)
months (Court may reduce months. (Section 14)
period or exempt parties from
trial custody). (Section 12)
Penalty for any government Shall automatically suffer Same. (Section 17)
official, employee or functionary suspension until the resolution of
who shall be found guilty of the case.
violating any of the provision of
this adoption laws