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2008-01-28

WRIT OF AMPARO

Last year, the highest court of the land adopted a remedy, powerful than the writ of habeas corpus, that can be availed of by a person or entity whose right to life, liberty and security is violated by a public or private person or entity. This is the Writ of Amparo. The writ gives the court the power to exercise extraordinary means to afford protection to persons whose constitutional rights have been violated.
According to my reading of one of my admired lawyer’s, Joaquin Bernas, column in Philippine Daily Inquirer, I came to learn and share that Amparo is a Mexican word which means protection. The writ of Amparo has been first introduced and exercised in Mexico and in other Latin America.
The writ which has adopted by the Supreme Court is viewed and is proven to be simple, inexpensive and speedy. Simple because the petition can be filed on any day and at any time with the RTC of the place where the threat act or omission occurred. It can also be in the Sandiganbayan, CA or to the Supreme Court. Upon a verified petition, the Judge or Justice immediately orders the issuance of the writ and may deputize any person to serve it. The summary hearing of the petition takes place within seven days from date of issuance and is given priority. Thus, making it speedy. It is inexpensive because, as embodied in Sec. 4, the petitioner is exempted from paying the docket fee and other lawful fees when filing the petition.
The adoption of the writ of amparo is just right for it is necessary to equalize the flaws of democratic exercise and is suited in a country where human right is on the brink of abuse.
Since it became a rule, many have availed of it which includes the Running Priest.
So, if you feel your right to life, liberty or security has been violated, don’t hesitate to avail of the writ of amparo.



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