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WRIT OF AMPARO: QUESTIONS AND ANSWERS

By: Atty.Fred | September 27, 2007 in Elections and Constitutional Law, Litigation
1 Reply | Related posts at the bottom of article

What is the writ of amparo?

It 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.

What rule governs petitions for and the issuance of a writ of amparo?

It is governed by The Rule on the Writ of Amparo (A.M. No. 07-9-12-SC – full text), which was
approved by the Supreme Court on 25 September 2007. This Rule also governs existing cases
involving extralegal killings and enforced disappearances or threats thereof.

What is the Supreme Court’s basis in issuing the Rule?

The Rule was drafted pursuant to the Supreme Court’s constitutional power to promulgate rules
for the protection and enforcement of constitutional rights (Constitution, Art. VIII, Sec. 5[5]).

When does the Rule take effect?

The Rule takes effect on 24 October 2007, following its publication in three (3) newspapers of general
circulation.

Who may file a petition for the issuance of a writ of amparo?

The petition may be filed by the aggrieved party or by any qualified person or entity in the following
order:

(a) Any member of the immediate family, namely: the spouse, children and parents of the aggrieved
party;

(b) Any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil
degree of consanguinity or affinity, in default of those mentioned in the preceding paragraph; or

(c) Any concerned citizen, organization, association or institution, if there is no known member of the
immediate family or relative of the aggrieved party.

The filing of a petition by the aggrieved party suspends the right of all other authorized parties to file
similar petitions. Likewise, the filing of the petition by an authorized party on behalf of the aggrieved
party suspends the right of all others, observing the order established herein.

Where can the petition be filed?

The petition may be filed on any day and at any time with the Regional Trial Court of the place where
the threat, act or omission was committed or any of its elements occurred, or with the Sandiganbayan,
the Court of Appeals, the Supreme Court, or any justice of such courts. The writ shall be enforceable
anywhere in the Philippines.

When issued by a Regional Trial Court or any judge thereof, the writ shall be returnable before such
court or judge.

When issued by the Sandiganbayan or the Court of Appeals or any of their justices, it may be
returnable before such court or any justice thereof, or to any Regional Trial

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Court of the place where the threat, act or omission was committed or any of its elements occurred.

When issued by the Supreme Court or any of its justices, it may be returnable before such Court or
any justice thereof, or before the Sandiganbayan or the Court of Appeals or any of their justices, or to
any Regional Trial Court of the place where the threat, act or omission was committed or any of its
elements occurred.

How much is the docket or filing fees for the petition?

There is NO docket and other lawful fees for the petition. The court, justice or judge shall docket the
petition and act upon it immediately.

What are the required contents of the petition?

The petition shall be signed and verified and shall allege the following:

(a) The personal circumstances of the petitioner;

(b) The name and personal circumstances of the respondent responsible for the threat, act or
omission, or, if the name is unknown or uncertain, the respondent may be described by an assumed
appellation;

(c) The right to life, liberty and security of the aggrieved party violated or threatened with violation by
an unlawful act or omission of the respondent, and how such threat or violation is committed with the
attendant circumstances detailed in supporting affidavits;

(d) The investigation conducted, if any, specifying the names, personal circumstances, and addresses
of the investigating authority or individuals, as well as the manner and conduct of the investigation,
together with any report;

(e) The actions and recourses taken by the petitioner to determine the fate or whereabouts of the
aggrieved party and the identity of the person responsible for the threat, act or omission; and

(f) The relief prayed for the petition may include a general prayer for other just and equitable reliefs.

When is the writ of amparo issued?

Upon the filing of the petition, the court, justice or judge shall immediately order the issuance of the
writ if on its face it ought to issue. The clerk of court shall issue the writ under the seal of the court; or
in case of urgent necessity, the justice or the judge may issue the writ under his or her own hand, and
may deputize any officer or person to serve it. The writ shall also set the date and time for summary
hearing of the petition which shall not be later than seven (7) days from the date of its issuance.

Is there any penalty in case of refusal to issue or serve the writ?

Yes. A clerk of court who refuses to issue the writ after its allowance, or a deputized person who
refuses to serve the same, shall be punished by the court, justice or judge for contempt without
prejudice to other disciplinary actions.

How is the writ of amparo served?

The writ is served on the respondent by a judicial officer or by a person deputized by the court, justice
or judge who shall retain a copy on which to make a return of service. In case the writ cannot be
served personally on the respondent, the rules on substituted service shall apply.

After the writ is served, what should the respondent do?

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Within seventy-two (72) hours after service of the writ, the respondent shall file a verified written return
together with supporting affidavits which shall, among other things, contain the following:

(a) The lawful defenses to show that the respondent did not violate or threaten with violation the right
to life, liberty and security of the aggrieved party, through any act or omission;

(b) The steps or actions taken by the respondent to determine the fate or whereabouts of the
aggrieved party and the person or persons responsible for the threat, act or omission;

(c) All relevant information in the possession of the respondent pertaining to the threat, act or
omission against the aggrieved party; and

(d) If the respondent is a public official or employee, the return shall further state the actions that have
been or will still be taken:
(i) to verify the identity of the aggrieved party;
(ii) to recover and preserve evidence related to the death or disappearance of the person identified in
the petition which may aid in the prosecution of the person or persons responsible;
(iii) to identify witnesses and obtain statements from them concerning the death or disappearance;
(iv) to determine the cause, manner, location and time of death or disappearance as well as any
pattern or practice that may have brought about the death or disappearance;
(v) to identify and apprehend the person or persons involved in the death or disappearance; and
(vi) to bring the suspected offenders before a competent court.

The return shall also state other matters relevant to the investigation, its resolution and the
prosecution of the case. A general denial of the allegations in the petition shall not be allowed. All
defenses shall be raised in the return, otherwise, they shall be deemed waived.

What happens if the respondent fails to file return?

The court, justice or judge shall proceed to hear the petition ex parte or even without the appearance
of the respondent.

What is the nature of the hearing on the petition?

The hearing on the petition 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.

What are the interim reliefs available to the petitioner?

Upon filing of the petition or at anytime before final judgment, the court, justice or judge may grant any
of the following reliefs:

(a) Temporary Protection Order. – The court, justice or judge, upon motion or motu proprio, may
order that the petitioner or the aggrieved party and any member of the immediate family be protected
in a government agency or by an accredited person or private institution capable of keeping and
securing their safety. If the petitioner is an organization, association or institution referred to in Section
3(c) of the Rule, the protection may be extended to the officers involved. The Supreme Court shall
accredit the persons and private institutions that shall extend temporary protection to the petitioner or
the aggrieved party and any member of the immediate family, in accordance with 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 any person in possession or control of a designated land or other property, to permit entry for
the purpose of inspecting, measuring, surveying, or photographing the property or any relevant object
or operation thereon. The motion shall state in detail the place or places to be inspected. It shall be

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supported by affidavits or testimonies of witnesses having personal knowledge of the enforced

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 and manner of making the inspection and may prescribe other conditions to
protect the constitutional rights of all parties. The order shall expire five (5) days after the date of 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 national security or of the privileged nature 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 protect 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, Security and
Benefit Program, pursuant to Republic Act No. 6981. The court, justice or judge may also refer the
witnesses to other government agencies, or to accredited persons or private institutions capable of
keeping and securing their safety.

Are these interim reliefs also available to the respondent?

Yes, but only the interim reliefs of Inspection Order and the Production Order. These interim orders
may be issued only after a verified motion is filed by the respondent, supported by affidavits or
testimonies of witnesses having personal knowledge of the defenses of the respondent, and after due
hearing.

What is the required burden of proof?

The parties shall establish their claims by substantial evidence. The respondent who is a private
individual or entity must prove that ordinary diligence as required by applicable laws, rules and
regulations was observed in the performance of duty. The respondent who is a public official or
employee must prove that extraordinary diligence as required by applicable laws, rules and
regulations was observed in the performance of duty.

Can the respondent invoke the legal presumption (Rules of Court, Rule 131, Sec. 3[m]) that
official duty has been regularly performed?

No. The respondent public official or employee cannot invoke the presumption that official duty has
been regularly performed to evade responsibility or liability.

How long does the court have in deciding the petition?

The court shall render judgment within ten (10) days from the time the petition is submitted for
decision. If the allegations in the petition are proven by substantial evidence, the court shall grant the
privilege of the writ and such reliefs as may be proper and appropriate; otherwise, the privilege shall
be denied.

What happens if the court determines that it cannot proceed for a valid cause, such as the
failure of petitioner or witnesses to appear due to threats on their lives?

The court shall not dismiss the petition, but shall archive it. The amparo court may, on its own or upon
motion by any party, order the revival of the petition when ready for further proceedings. The petition

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shall be dismissed with prejudice upon failure to prosecute the case after the lapse of two (2) years
from notice to the petitioner of the order archiving the case.

Does the filing of the petition preclude the filing of separate criminal, civil or administrative
actions?

No. However, when a criminal action has been commenced, no separate petition for the writ shall be
filed, but the reliefs under the writ shall be available by motion in the criminal case, and the procedure
under this Rule shall govern the disposition of the reliefs available under the writ of amparo.

When a criminal action 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. After consolidation, the procedure
under this Rule shall continue to apply to the disposition of the reliefs in the petition.

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WRIT OF KALIKASAN
What is the Writ of Kalikasan?
According to A.M. No. 09-6-8-SC, known as the Rules of Procedure for Environmental Cases,
the Writ of Kalikasan (nature) is a remedy available to the citizens to assert their rights to a healthy
and balanced ecology. More specifically, it is based on Section 16, Article II of the 1987 Philippine
Constitution, which says that the “state shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature.”

The specifics of the Writ of Kalikasan can be found under Rule 7, Part III (Special Civil Actions) of
Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC).

RULE 7
WRIT OF KALIKASAN

Section 1. Nature of the writ. - The writ is a remedy available to a natural or juridical person, entity
authorized by law, people’s organization, non-governmental organization, or any public interest group
accredited by or registered with any government agency, on behalf of persons whose constitutional
right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act
or omission of a public official or employee, or private individual or entity, involving environmental
damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more
cities or provinces.

Section 2. Contents of the petition. - The verified petition shall contain the following:

(a) The personal circumstances of the petitioner;

(b) The name and personal circumstances of the respondent or if the name and personal circumstances
are unknown and uncertain, the respondent may be described by an assumed appellation;

(c) The environmental law, rule or regulation violated or threatened to be violated, the act or omission
complained of, and the environmental damage of such magnitude as to prejudice the life, health or
property of inhabitants in two or more cities or provinces.

(d) All relevant and material evidence consisting of the affidavits of witnesses, documentary evidence,
scientific or other expert studies, and if possible, object evidence;

(e) The certification of petitioner under oath that: (1) petitioner has not commenced any action or filed
any claim involving the same issues in any court, tribunal or quasi-judicial agency, and no such other
action or claim is pending therein; (2) if there is such other pending action or claim, a complete
statement of its present status; (3) if petitioner should learn that the same or similar action or claim
has been filed or is pending, petitioner shall report to the court that fact within five (5) days therefrom;
and

(f) The reliefs prayed for which may include a prayer for the issuance of a TEPO.

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Section 3. Where to file. - The petition shall be filed with the Supreme Court or with any of the
stations of the Court of Appeals.

Section 4. No docket fees. - The petitioner shall be exempt from the payment of docket fees.

Section 5. Issuance of the writ. - Within three (3) days from the date of filing of the petition, if the
petition is sufficient in form and substance, the court shall give an order: (a) issuing the writ; and (b)
requiring the respondent to file a verified return as provided in Section 8 of this Rule. The clerk of
court shall forthwith issue the writ under the seal of the court including the issuance of a cease and
desist order and other temporary reliefs effective until further order.

Section 6. How the writ is served. - The writ shall be served upon the respondent by a court officer
or any person deputized by the court, who shall retain a copy on which to make a return of service. In
case the writ cannot be served personally, the rule on substituted service shall apply.

Section 7. Penalty for refusing to issue or serve the writ. - A clerk of court who unduly delays or
refuses to issue the writ after its allowance or a court officer or deputized person who unduly delays
or refuses to serve the same shall be punished by the court for contempt without prejudice to other
civil, criminal or administrative actions.

Section 8. Return of respondent; contents. - Within a non-extendible period of ten (10) days after
service of the writ, the respondent shall file a verified return which shall contain all defenses to show
that respondent did not violate or threaten to violate, or allow the violation of any environmental law,
rule or regulation or commit any act resulting to environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in two or more cities or provinces.

All defenses not raised in the return shall be deemed waived.

The return shall include affidavits of witnesses, documentary evidence, scientific or other expert
studies, and if possible, object evidence, in support of the defense of the respondent.

A general denial of allegations in the petition shall be considered as an admission thereof.

Section 9. Prohibited pleadings and motions. - The following pleadings and motions are prohibited:

(a) Motion to dismiss;

(b) Motion for extension of time to file return;

(c) Motion for postponement;

(d) Motion for a bill of particulars;

(e) Counterclaim or cross-claim;

(f) Third-party complaint;

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(g) Reply; and

(h) Motion to declare respondent in default.

Section 10. Effect of failure to file return. - In case the respondent fails to file a return, the court
shall proceed to hear the petition ex parte.

Section 11. Hearing. - Upon receipt of the return of the respondent, the court may call a preliminary
conference to simplify the issues, determine the possibility of obtaining stipulations or admissions
from the parties, and set the petition for hearing.

The hearing including the preliminary conference shall not extend beyond sixty (60) days and shall be
given the same priority as petitions for the writs of habeas corpus, amparo and habeas data.

Section 12. Discovery Measures. - A party may file a verified motion for the following reliefs:

(a) Ocular Inspection; order — The motion must show that an ocular inspection order is necessary to
establish the magnitude of the violation or the threat as to prejudice the life, health or property of
inhabitants in two or more cities or provinces. It shall state in detail the place or places to be
inspected. It shall be supported by affidavits of witnesses having personal knowledge of the violation
or threatened violation of environmental law.

After hearing, the court may order any person in possession or control of a designated land or other
property to permit entry for the purpose of inspecting or

photographing the property or any relevant object or operation thereon.

The order shall specify the person or persons authorized to make the inspection and the date, time,
place and manner of making the inspection and may prescribe other conditions to protect the
constitutional rights of all parties.

(b) Production or inspection of documents or things; order – The motion must show that a production
order is necessary to establish the magnitude of the violation or the threat as to prejudice the life,
health or property of inhabitants in two or more cities or provinces.

After hearing, the court 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 production order shall specify the person or persons authorized to make the production and the
date, time, place and manner of making the inspection or production and may prescribe other
conditions to protect the constitutional rights of all parties.

Section 13. Contempt. - The court may after hearing punish the respondent who refuses or unduly
delays the filing of a return, or who makes a false return, or any person who disobeys or resists a
lawful process or order of the court for indirect contempt under Rule 71 of the Rules of Court.

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Section 14. Submission of case for decision; filing of memoranda. - After hearing, the court shall
issue an order submitting the case for decision. The court may require the filing of memoranda and if
possible, in its electronic form, within a non-extendible period of thirty (30) days from the date the
petition is submitted for decision.

Section 15. Judgment. - Within sixty (60) days from the time the petition is submitted for decision,
the court shall render judgment granting or denying the privilege of the writ of kalikasan.

The reliefs that may be granted under the writ are the following:

(a) Directing respondent to permanently cease and desist from committing acts or neglecting the
performance of a duty in violation of environmental laws resulting in environmental destruction or
damage;

(b) Directing the respondent public official, government agency, private person or entity to protect,
preserve, rehabilitate or restore the environment;

(c) Directing the respondent public official, government agency, private person or entity to monitor
strict compliance with the decision and orders of the court;

(d) Directing the respondent public official, government agency, or private person or entity to make
periodic reports on the execution of the final judgment; and

(e) Such other reliefs which relate to the right of the people to a balanced and healthful ecology or to
the protection, preservation, rehabilitation or restoration of the

environment, except the award of damages to individual petitioners.

Section 16. Appeal. - Within fifteen (15) days from the date of notice of the adverse judgment or
denial of motion for reconsideration, any party may appeal to the Supreme Court under Rule 45 of the
Rules of Court. The appeal may raise questions of fact.

Section 17. Institution of separate actions. - The filing of a petition for the issuance of the writ of
kalikasan shall not preclude the filing of separate civil, criminal or administrative actions.