writ of amparo

Home » Post Item » writ of amparo

writ of amparo

August 16, 2007

An important point to consider is the fact that during the National Consultative Summit on Extrajudicial Killings, in its Plenary Reports, while affirming that there is no specific rule that would operationalize the writ of amparo, the following recommendations were made by the different groups/participants, to wit:

1) To conduct a serious study regarding the writ of amparo to see to it how can it be availed of, as a protective and remedial tool, for the greater protection of the constitutional rights of the victims;

2) To explore the idea of the writ of amparo;

3) To have the writ of amparo fill the “gap” which the writ of habeas corpus (in theory and practice) creates;

4) To strengthen the writ of amparo to include pro-active measures such as the protection of witnesses and order from the court for investigation on the matter.

Page 4 of Summit Bulletin No. 1 (entitled Justice Azcuna on the Writ of Amparo written by K.M. Martinez and G.Sp. Guerrra) dated 16 July 2007 says that Justice Azcuna was actually the “proponent of the writ of amparo in the constitutional commission that produced the 1987 Constitution now in force.” Furthermore, as proof of his fruitful advocacy as member of the said constitutional commission, Art. VIII, Sec. 5(5) of the 1987 Constitution provides that the Supreme Court may “promulgate rules concerning the protection and enforcement of constitutional rights.”

Now, the writ of amparo might make a very good timing and entry into force when the Supreme Court finally resolves - as they will be constrained to rule on - the existence and applicability of the writ of amparo to violations of human rights involving those in the implementation of the Human Security Act of 2007. We all know that an en banc Supreme Court has all the powers under the Constitution to promulgate, amend or scrap standing rules regarding practice, procedure and pleadings in all courts of law. Having that in mind, I share the opinion of other people that when the SC decides on the constitutionality of HSA of 2007, it will also be proper to decide on the fate of the writ of amparo.

What is the legal basis of this writ? As stated above, it is the constitutional mandate. The SC may (”should” is a better connecting word) promulgate rules to protect constitutional rights, etc. That’s the essence of this writ. So, when asked in the bar or anywhere else, just beat about the bush that this writ of amparo seeks to protect constitutional rights. But what about statutory rights? Can we have a statutory writ of amparo? I think so. Why? Simply because it is convenient and because it is not otherwise prohibited, granting the SC will make that writ apply also to “statutory rights”.

Until then, the Filipino people will have to wait to savor the beauty this writ of amparo promises to offer. Will it rather entertain the political and criminal musings of our generation and the generations to come or will it just be another writ in the annals of our judicial system with or without which the same killing shall nevertheless be perpetrated?

from Macka's blog http://macka.wordpress.com/

Posted by rax at 4:40 am | permalink

Previous Comments

Hey, appreciate it for taking the effort to do this. I like your webpage, although it took a sluggish reader like me some time to via throughout entire page and the many comments.

Posted by Coach Outlet Canada at April 25, 2011, 2:16 pm

Thank you for sharing this article! I really like it! Because of their relatively low level of writing. After seeing your article, I tried to write some of this stuff, I published here, such as Coach Outlet, Coach Outlet Canada and Coach Bags Outlet. Those are just a large blog, here there are some small blog site, also released a number of articles.

Posted by Coach Outlet Canada, at April 29, 2011, 10:40 am

The second label that draws close to my psyche is the Italian brand label Oakley Fives Squared. The Oakley Fives Squared are amid the most glamorous glares that are obtainable in the market. They too draw close for men, women and kids. The Oakley Fives Squared goggles offer sleek and concurrent styling. Indeed, they are one of the best marketing designer brand labels on the global market today.

Posted by cheap-oakley-sale at August 11, 2011, 10:04 am

Al Ti Nisi fell back to bed after a burst of dizzy immediately, so that she ugg rainier eskimo could not say half a word, but she was forced to own up, she assured Salou is to go to war on the Assyrians, for her, he must Council. But some things ugg outlet do not uggs think at that time because of extreme emotions, calm, but had to think about. She felt very uggs outlet confused as to her understanding of the Assyrian emperor, he would never be so foolish as to sacrifice the flag with the child, do so for him no good at all, calculating a person so deep, how to make a very interest to see things. If he was a child because they do not know who is, you want to test, do indeed reasonable, as long as the country’s emperor reactions behold, he will be able to know who the children, the question is to test the ugg sale child killed, The result is war, sacrificing a trump card to go to war, what benefits.

Posted by ugg outlet at October 15, 2011, 10:54 am

Thank you for sharing,this is a good article.I know mangy thing from it.Thank you! Canada Goose Langford Winter Parka Men Black seems to be a charming and fashion one in this 2011 winter season. It is the same to you, take one these
Womens Parkas Montebello Parka SummitPink from our online shopping store is a smart decide for you. Womens Parkas Montebello Parka White mainly wins at its cute and beautiful design that make you look as a Beautiful young woman.it’s worth to own it.

Posted by Womens Parkas Montebello Parka SummitPin at October 26, 2011, 11:30 am

Cheap replica Louis Vuitton handbags on sale, buy new fashion wholesale discount replica LV handbags from China suppliers.Shop the latest Louis Vuitton bags handpicked by a global community of independent trendsetters and stylists.
Wholesale Louis Vuitton replica bags with the cheapest price in our Uk store. Louis Vuitton replica with the hightest quality & free shipping in our UK store.They are sale cheap but high quality,louis vuitton bags are saling online use the best materials, so buy cheap lv bags here is your best choice.
Welcome to replica handbags online store where you could purchase various replica bags range from replica lv bags to lv bags & wallets.Louis Vuitton Bags are not a marketing page, it’s only a fan page just to exchange information between the user and Facebook.

Posted by louis vuitton replica at November 2, 2011, 10:32 am

The cheap ugg from us are made of natural sheepskin. Grade-A sheepskin let your feet breathes smoothly. Since we have been dedicated in uggs for cheap sale for over 6 years, our customers spread around the world, and our products always received high praise. By years of experience, we recommend ordering a size smaller than your typical shoe size. If you are in-between sizes, we recommend ordering one-half size down. Choose cheap uggs online at here is your second-to-none choice.

Posted by ugg for cheap at November 4, 2011, 3:27 pm

Bobby Orr Jersey, Vince Wilfork Authentic Jersey, Ben Roethlisberger Jersey, Elvis Dumervil Jersey, Jimmy Graham Jersey, Johnathan Joseph jersey, LaMarr Woodley Jersey, LaMarr Woodley Jersey, Charles Woodson Jersey, Ike Taylor Jersey, Jermichael Finley Authentic Jersey, Keiland Williams Jersey, Shonn Greene Jersey, Dustin Keller Jersey, Hines Ward Jersey, Dez Bryant Jersey, John Kuhn Authentic Jersey, Hakeem Nicks Authentic Jersey, Patrick Sharp Jersey, Antonio Cromartie Jersey, Robert Meachem Jersey, Sean Lee jersey, Nick Fairley Jersey, Willis McGahee Jersey, BenJarvus Green-Ellis Authentic Jersey, Ahmad Bradshaw Jersey, John Kuhn Jersey, Ryan Grant Authentic Jersey, Eli Manning Jersey, Jordy Nelson Jersey, Maurkice Pouncey Jersey, Hakeem Nicks Jersey, Cam Neely Jersey, Rob Gronkowski Authentic Jersey, Kenny Phillips Jersey, Ryan Clark Jersey, Antonio Brown Jersey, Malcolm Jenkins Jersey, Santonio Holmes Jersey, Patrick Chung Authentic Jersey, Shawn Horcoff Jersey, Ryan Clark Authentic Jersey, Roman Harper Authentic Jersey, Ben Roethlisberger Authentic Jersey, James Starks Authentic Jersey, Tyler Ennis Jersey