WritOfAmparo Section1-7
WritOfAmparo Section1-7
WritOfAmparo Section1-7
07-9-12-SC
Rule on the Writ of Amparo
It is also much broader in scope and application than the writ of habeas
corpus, because the latter is limited to cases of illegal confinement or
detention. The decision of the Philippine Supreme Court to limit it to
extrajudicial killings, enforced disappearance and threats to life, liberty and
security may be because present Philippine laws and remedies already cover
much of what the Mexican amparo includes within its protection.
SEC. 2. Who May File. – The petition may be filed by the aggrieved party
or by any qualified person or entity in the following order:
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.
SEC. 3. Where to File. – 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.
The petition may include a general prayer for other just and equitable
reliefs.
The petition must be:
a. signed, and
b. verified by the petitioner
The petition may include a general prayer for other just and equitable
remedies.
SEC. 6. Issuance of the Writ. – 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.
Setting the date and time for summary hearing of the petition
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.
SEC. 7. Penalty for Refusing to Issue or Serve the Writ. – 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.