Philippine Writ of Amparo, Definition and Nature

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Philippine Writ of Amparo, Definition and Nature

By | August 2011
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Philippine Writ of Amparo, definition and nature
The writ of amparo is a 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 or entity. The writ covers extralegal killings and enforced disappearances or threats thereof.(Sec. 1, Rule on the Writ of Amparo, A.M. No. 07-9-12-SC, 25 September 2007) The word "Amparo" is a Spanish term which means "protection". The concept of the writ is of Mexican origin. In Mexico, there is what they call "recurso de amparo" under the Mexican Constitution; it serves as the legal remedy for the protection of any individual rights guaranteed by the Constitution. (Article 103 and Article 107, Federal Constitution of Mexico) The amparo remedy of the Philippines, on the other hand, is of a relatively limited purpose. It only deals with the violation or threatened violation of the right to life, liberty and security of the people which includes the problem of extrajudicial killings and enforced disappearances. basis of the Philippine Writ of Amparo

The 1987 Philippine Constitution, in Article VIII, Sec.5 (5) thereof, vests the power to the Philippine Supreme Court to "promulgate rules concerning the protection and enforcement of constitutional rights..." This served as the legal basis for the formulation of the Philippine writ of amparo. Features of the Philippine Writ of Amparo

As can be gleaned from the definition thereof, the writ is a remedy for the protection of right to life, liberty and personal security. It is not available as a remedy for the protection of property right although in some cases, property right is so intertwined with right to liberty or security thus, the remedy can still be used. The writ can be availed of by anybody but the Rule provides for a strict order of preference, non-compliance therewith can be fatal to the granting of the writ by the courts....

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