Rule on the

WRIT OF AMPARO
A. M. NO. 07-9-12-SC
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ATTY. MARY GRACE M. NGO

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WRIT OF AMPARO
AM. 07-9-12-SC
▪ It is a remedy available to any person whose right to life, liberty and
security involved is violated or threatened with violation by an act or
omission of a public official, or employee, or of a private individual or
entity.

▪ It shall cover extralegal killings and enforced disappearances

▪ For purposes of speedy and effective remedy

▪ Pro-active in nature for the purpose of establishing accountability

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WRIT OF AMPARO
AM. 07-9-12-SC

▪ Purpose:

▪ Preventive

▪ It breaks the expectation of impunity in the commission of

these offenses;

▪ Curative

▪ That it facilitates the subsequent punishment of perpetrators

by inevitably leading to subsequent investigation and action;
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WRIT OF AMPARO
AM. 07-9-12-SC

▪ Who may file?

▪ 1. Any aggrieved party

▪ 2. Any member of the family ( spouse, children or parents)

▪ 3.In default, any relative within the 4th civil degree

▪ 4. Any concerned citizen, organization, association, or institution

if no member of the family or relative;
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WRIT OF AMPARO
AM. 07-9-12-SC
▪ Where to File?

▪ 1. SC or justice thereof;

▪ 2. CA or justice thereof,

▪ 3. Sandiganbayan or thereof thereof,

▪ 4. RTC where the threat, act or omission was committed or any of it

elements;

▪ Enforceability?

▪ -Anywhere in the Philippines

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WRIT OF AMPARO
AM. 07-9-12-SC

▪ When to File?

▪ At any day at any time;

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WRIT OF AMPARO
AM. 07-9-12-SC
▪ Effects of filing:

▪ It does not preclude the filing of a criminal, civil, or administrative

action;

▪ Criminal is filed earlier, Writ shall be obtained in the criminal case

▪ Writ was filed earlier prior to filing of criminal case, it should be

consolidated with the criminal case;

▪ Reason: Writ must not have a life on its own if there is a pending
criminal proceeding;
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WRIT OF AMPARO
AM. 07-9-12-SC

▪ When to make the return?

▪ Within 72 hours to make a verified return;

▪ With supporting affidavits that respondent exerted efforts to

look for that persons showing:
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WRIT OF AMPARO
AM. 07-9-12-SC

▪ With supporting affidavits that respondent exerted efforts to look for

that persons showing:

▪ 1. That 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;

▪ 2. The steps or action 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;
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WRIT OF AMPARO
AM. 07-9-12-SC

▪ With supporting affidavits that respondent exerted efforts to look

for that persons showing:

▪ 3. All relevant information in the possession of the respondent

pertaining to the threat, act or omission against the aggrieved party;
and

▪ 4. If the respondent is a public official or employee, the return shall

further state the actions that have been or will still be taken;
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WRIT OF AMPARO
AM. 07-9-12-SC
▪ 4. If the respondent is a public official or employee, the return shall
further state the actions that have been or will still be taken;

▪ Such as:

▪ a. verify the identity of aggrieved party;

▪ b. recover and preserve evidence related to death or disappearance of

such person which may aid in the prosecution of persons responsible;

▪ c. identify witnesses and obtain statements from them concerning death

or disappearance;
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WRIT OF AMPARO
AM. 07-9-12-SC
▪ 4. If the respondent is a public official or employee, the return shall
further state the actions that have been or will still be taken;

▪ Such as:

▪ d. determine cause, manner. Location and time of death or

disappearance of any pattern or practice which brought about death
or disappearance;

▪ e. identify and apprehend persons involved in death/ disappearance;

▪ f. bring suspect/ offenders before a competent court;

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WRIT OF AMPARO
AM. 07-9-12-SC
▪ Where to make the return?

▪ If filed within RTC- it can only be returnable to the said Court/ Judge;

▪ If filed with CA/Sandiganbayan- returnable to the said court/ justice or

RTC where the threat, act or omission was committed or any of its
elements;

▪ If filed with SC or any of its justices- returnable to the said court/

justices or CA/ Sandiganbayan or any of its justices, or RTC where
the threat, act or omission was committed or any of its elements;
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WRIT OF AMPARO
AM. 07-9-12-SC

▪ No filing fees/ docket fees

▪ The action being exempted from the payment of the

docket and other lawful fees.
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WRIT OF AMPARO
AM. 07-9-12-SC
▪ 1. Filing of petition

▪ Contents

▪ A. personal circumstances of petitioner and respondent ( responsible for threat, act

or omission) if unknown, respondent may be described by an assumed appellation;

▪ B. Unlawful act or omission of the respondent threatening of violating the right to

life, liberty and security of the aggrieved party supported by affidavits;

▪ C. If there is an investigation, the names, personal circumstances and addresses of

the investigating party, as well as the report and the manner and conduct of
investigation;
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WRIT OF AMPARO
AM. 07-9-12-SC
▪ 1. Filing of petition

▪ Contents

▪ d. Action or recourses taken by petitioner to determine fate or

whereabouts of aggrieved party and the identity o the person
responsible or the threat, act or omission;

▪ e. The relief prayed for:

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AM. 07-9-12-SC
▪ 2. Issuance of Writ:

▪ A. the Court, Justice or Judge may issue If on its face the writ should be
issued:
▪ Issued under the seal of the Court issued by Clerk of Court;

▪ If urgent necessity requires- writ be issued under the own handwriting of the Court,
Justice or Judge or any deputized officer or person;

▪ B. Writ include the date and time for the summary hearing which should not be later
than 7 days from date of issuance;
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WRIT OF AMPARO
AM. 07-9-12-SC

▪ What is the effect of refusal to issue or serve the Writ?

▪ COC who refuses to issue the writ after its allowance or any
person deputized to do so shall be punished with contempt of
court without prejudice to other disciplinary action;
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▪ 3. Writ is served

▪ A. upon respondent

▪ B. By Judicial officer/ person deputized by the Court;

▪ C. Substituted Service if cannot be served personally to

respondent
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WRIT OF AMPARO
AM. 07-9-12-SC

▪ 4. Verified Return:
▪ Prohibited pleadings:

▪ Motion to Dismiss, extension of time to file return, dilatory motion for

postponement; Motion for Bill of Particulars, Counter-claim, Cross claim
▪ Third party complaint, Reply, Motion to Declare defendant in default;

▪ Intervention, Memorandum and Motion for reconsideration on

Interlocutory Orders; Petition for Certiorari, Mandamus or prohibition
against any interlocutory order;
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WRIT OF AMPARO
AM. 07-9-12-SC

▪ 5. Summary hearing:

▪ A. Preliminary Conference simplifying issues , obtaining

stipulations and admissions;
▪ B. Hearing is on day to day basis until completed and given
the same priority as petitions for habeas corpus;
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▪ 5. Summary Hearing:

▪ Interim reliefs: (verified motion supported by affidavits/

testimonies)

▪ A. Temporary Protection Order

▪ B. Inspection Order;

▪ C. Production Order;

▪ D. Witness Production Order;

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AM. 07-9-12-SC

▪ BURDEN OF PROOF AND STANDARD OR DILIGENCE

REQUIRED:
▪ 1. Respondent is private individual- ordinary diligence as required by
applicable laws, rules and regulations was observed in the performance of
duty;

▪ 2. Respondent is public official/ EE- Extraordinary diligence and cannot invoke

the presumption of regularity in the official duty;
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WRIT OF AMPARO
AM. 07-9-12-SC

▪ 6. JUDGMENT
▪ The court shall render judgment within 10 days from the
time the petition is submitted for decision;
GRANT IF PROVEN BY SUBSTANTIAL EVIDENCE;/
DENY
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WRIT OF AMPARO
AM. 07-9-12-SC

▪ 7. APPEAL

▪ Appeal to the Supreme Court under Rule 45 which may

raise question of facts/ law or both.
▪ File appeal within 5 working days from the date of notice of
the adverse judgment.
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WRIT OF AMPARO
AM. 07-9-12-SC
▪ What is the effect of the failure to present petitioner/ witnesses due to
threats to their lives?

▪ A. Not dismissal

▪ B. Archive the case,

▪ C. Revived- Motu propio or upon motion

▪ D. But the same will be dismissed with prejudice upon failure to prosecute
the case after the lapse of two years from notice of the petitioner of the order
archiving the case;
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WRIT OF AMPARO
AM. 07-9-12-SC
▪ Cases:

▪ 1. Rodriguez Vs Arroyo, GR No. 191805, April 16, 2013;

▪ 2. Razon vs Tagitis, GR No. 182498, Dec. 3, 2009;

▪ 3.GR No. 204528, Feb 19, 2013;

▪ 4. Gr No. 1936652, August 5, 2014

▪ 5. GR No. 182795, June 5, 2008;

▪ 6. GR No. 18906, Oct 7, 2008