Professional Documents
Culture Documents
1)
2)
3)
4)
Writ of Amparo
When available:
1) Any person whose right to LLS (life, liberty,
security) is violated/threatened
a) Including extralegal killings, enforced
disappearances, threats thereof
2) By an unlawful A/O
3) Of a
a) POE, or
b) Private individual/entity (1)
When available:
4) Any person whose right to LLS (life, liberty,
security) is violated/threatened
5) By an unlawful A/O
6) Of a * engaged in the GCS (gathering,
collecting, storing of data/info)
a) POE, or
b) Private individual/entity
7) Data/info about the PFHC (person, family,
home, correspondence) of the aggrieved
party (1)
Writ of Kalikasan
SUBMIT REPORT TO
CONGRESS (48h)
Either in person or in
writing
CONGRESS VOTES
JOINTLY (maj - ALL)
NOT REVOKE
Extendible at Pres/
initiative
REVOKE
Reviewable by SC;
decide w/in 30d
When available
KIM G. ESPINA
2)
Jurisdiction
1)
Writ of Amparo
2)
3)
th
Where filed:
1) RTC
a) Filing
i) Where the TAO (treat, act,
omission) was committed, or
ii) Where any of its elements occurred
b) Return
i) Returnable before such court/judge
2) SC, CA, Sandiganbayan, any justice of such
court
a) When available: Only when the action
concerns public data files of government
offices
b) Return
i) SC/justices before them, any
justice thereof, CA/SB or any of its
justices, RTC (see above) (4)
ii) SB/CA before them, any justice,
RTC
Writ of Kalikasan
KIM G. ESPINA
Process
1)
2)
3)
4)
Writ of Amparo
1)
2)
2)
3)
4)
5)
Writ of Kalikasan
KIM G. ESPINA
4)
(2) Other
person
exercising
custody
Execution of writ
a) By whom: officer to whom writ directed
b) Before whom:
i) Judge allowing the writ, or
ii) Some other judge in the same court,
in
case
of
judge
1s
absence/disability (102.9)
c) Contents of return (in writing):
i) State
(1) WON in his custody/under his
power, and
(2) Under restraint
ii) If YES he must state
(1) The authority under which it
was done,
(2) The true cause thereof, set
forth at large,
(3) With a copy of the process
(writ, order, execution) under
which it was made
iii) If YES + body ISNT produced he
must state
(1) The sickness gravity and
nature, and
(2) The fact that he cannot,
without danger, be brought
before the court due to said
sickness.
iv) If YES + custody subsequently
transferred state
(1) To whom,
(2) At what time,
(3) For what cause, and
(4) By what authority. (102.10)
d) Effects of return when evidence and
when only a plea
i) If through a warrant of commitment
The return is PRIMA FACIE
evidence of cause of restraint
ii) If under an alleged private authority
considered a plea of the facts;
Writ of Amparo
iv)
3)
4)
Service
a) Who serves:
i) Judicial officer
ii) Person deputized by the court
a) Copy retained by the judge, upon which
return made. (8)
b) Refusal to issue/serve: clerk/other
deputized person shall be punished for
contempt, w/o prejudice to other
disciplinary actions (7)
Return filed by the RESPONDENT
a) When: w/in 72h after the service of the
writ
b) Form: verified, written; with supporting
affidavits
c) Contents: (not exclusive)
i) Lawful defenses
ii) Steps or actions taken to determine
the
fate/whereabouts/person
responsible
iii) All relevant information in his
possession re: TAO
iv) If POE, further state the actions
taken/STILL to be taken:
(1) To verify the aggrieved partys
identity
(2) To recover, preserve evidence
related .. which may aid in the
prosecution of the responsible
persons
(3) To identify witnesses, obtain
statements
(4) To determine the cause,
manner, location, and time of
death/disappearance,
any
pattern or practice
(5) To identify and apprehend the
persons involved, and
(6) To bring suspected offenders
before a competent court
Writ of Kalikasan
KIM G. ESPINA
Writ of Amparo
RETURN?
Hearing on return
a) Court in session
i) Court must immediately hear and
examine
(1) The return, and
(2) Other
matters
properly
submitted for consideration.
ii) If the person has a grave
sickness/infirmity the CT/judge
must be satisfied that the gravity is
such that he cannot be produced
without danger, before proceeding
to hear on the case (102.12)
b) If hearing is adjourned for good cause
iii) Court/judge must make an order for
the safekeeping of the person as the
nature of the case requires
v)
5)
Writ of Kalikasan
KIM G. ESPINA
Appeal
Institution
of
separate actions
Writ of Amparo
Writ of Kalikasan
property
(4) Permit entry for inspecting,
measuring,
surveying,
photographing
relevant
objects, operations
(5) Granted when necessary to
establish aggrieved partys
right, which is alleged to be
threatened/violated
(6) Specify: person/s to do it, date,
time, place, manner, other
conditions
(7) Expires 5d after issuance;
extendible
for
justifiable
reasons
iii) PRODUCTION ORDER
(1) Also available to respondent!
(15)
(2) Verified motion, due hearing
(3) Any person in custody/control
of documents (tangible or
digital)
(4) Produce, permit inspection,
copying, photographing
(5) Same blah on hearing in
chambers opposition blah
iv) WITNESS PROTECTION ORDER
(1) Motion, motu proprio
(2) Refer to DOH for WP/other
government
agencies/accredited persons
6) Judgment
a) When: w/in 10d from the time it is
submitted from decision
b) Substantial evidence!
c) Writ, other reliefs. (18)
1) Who: Any party
2) Where, how: SC, rule 45 from any FINAL judgment/order, facts/law/both
3) When: w/in 5 working days from the date of notice of the adverse judgment (WA) or JO (WHD)
KIM G. ESPINA
Writ of Amparo
Writ of Kalikasan
Rule:
1) ALWAYS consolidated with the criminal action (21/23)
2) Once a criminal action has been filed, the writ shall be available by MOTION (22/22)
Construction/
interpretation
Standard
of
evidence,
burden of proof
Docket fees
Contempt
LIBERAL!
If form defective: it still cant be disobeyed,
provided it appears
1) In whose custody the person is, AND
2) The court/judge to whom he must be
brought. (102.9)
Hearing on return: court may disregard
form/technicalities with respect to warrants,
commitment orders (102.12)
Substantial (17)
Private individual/entity ordinary diligence
as required by applicable law/rr in the
performance of duty
2) POE extraordinary diligence; cant invoke
the presumption of regular performance of
official duties
Petitioner EXEMPTED from payment of docket,
other lawful fees (4)
Substantial (16)
1)
1)
2)
Court, justice, judge dockets the petition, acts
upon it immediately. (4)
In case of:
1) A false return
2) Refusal to make a return
3) Any person otherwise disobeying/resisting a lawful process/order of the court(16)
What imposed: imprisonment or a fine! (16/11)
Prohibited
pleadings,
motions
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
MTD
Extension
Dilatory postponements
Bill of particulars
Counter-, cross-claim
3P complaint
Reply
To declare in default
Intervention
Memorandum
KIM G. ESPINA
Effects
1)
2)
3)
In general
a) GEN: Not imprisoned again for the same
offense
b) XPN: through lawful order/process of CT
w/ jd over the case
Noncompliance with the writ knowingly
recommits, imprisons, or causes such, or
aids/assists, for the SAME or a PRETENDED
offense, notwithstanding a colorable pretense
or variation
a) Damages 1k, in the proper action
b) Contempt (102.17)
MISSING SECTIONS!
Writ of Amparo
Writ of Kalikasan
KIM G. ESPINA