N: Good Evening, youre watching Legal Minds.

This show is about making the

Law work for you by giving legal advice on topics that matter to you. Im
Atty. Norlainie Omar.
And tonight well discuss your Legal rights on Writ of Amparo and how you
can apply it in your everyday situation.
Our guest for tonight is Atty. JONATHAN PAGADUAN, a ____, and a of course a
very good lawyer. Thank you very much for being here. You are the right
personality when it comes to Writ of Amparo.

J: Good evening Lainie, Im very glad to be here and join you in this episode on
this very important topic.

N: Yes Atty. And, by the way noh, its been almost 2 years mula nang magsimula
and sunod-sunod na pagdukot at pagpatay sa mga activists and also to the
journalists, way back from the past administration. And on that note, there
are still cases na hindi pa rin na resolba at wala pang napaparusahan.
Hanggang ngayon ay nanatiling nasa panganib ang buhay at seguridad ng
mga bokal na tumutuligsa sa mga tiwaling opisyal ng pamahalaan.

J: On the verge of this issue, pinagtibay ng Korte Suprema ang Writ of Amparo
at mga kaukulang alituntunin nito.
The Rule is governed by The Rule on the Writ of Amparo and governs
existing cases involving extralegal killings and enforced disappearances or
threats thereof. It takes effect of October 24, 2007.

N: So, what is this Writ of Amparo. It sounds highfalutin Atty noh, what does it
exactly refer to?
J: It is a remedy available to any person whose right to life, liberty, and security
has been violated or is threatened with violation by an unlawful act or
omission of a public official or employee, or of a private individual or entity.
The writ covers extralegal killings and enforced disappearances or threats
thereof.

N: Sino po ba ang pwedeng magsampa nito?

J: This may be filed ng mismong biktima at kung hindi man ito possible, pwde
mang sampa ang:
 (a) Any member of the immediate family, namely: the spouse, children and
parents of the aggrieved party;

(b) Mga kamag-anak of the aggrieved party within the fourth civil degree of
consanguinity or affinity; or

(c) Any concerned citizen, organization, association or institution, if there is

no known member of the immediate family or relative of the aggrieved party.

N: Where can this Petiton be filed, Atty.?

J: The petition may be filed on any day and at any time with the RTC 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.

Ang writ na ito ay pwedeng ipatupad sa anumang bahagi ng Pilipinas.

Walang Docket fees o anumang bayaring kailangan para maisampa ang
petisyon ito.

N: What are the required contents of the petition?

J: (a) The personal circumstances of the petitioner;

(b) The name and personal circumstances of the respondent responsible for
the threat, act or omission, or, if the name is unknown or uncertain, the
respondent may be described by an assumed appellation;

(c) The right to life, liberty and security of the aggrieved party violated or
threatened with violation by an unlawful act or omission of the respondent,
and how such threat or violation is committed with the attendant
circumstances detailed in supporting affidavits;

(d) The investigation conducted, if any, specifying the names, personal

circumstances, and addresses of the investigating authority or individuals, as
well as the manner and conduct of the investigation, together with any
report;

(e) The actions and recourses taken by the petitioner to determine the fate or
whereabouts of the aggrieved party and the identity of the person
responsible for the threat, act or omission; and

(f) The relief prayed for the petition may include a general prayer for other
just and equitable reliefs.

N: On this note, how is the writ of Amparo issued?

J: Kapag nakita ng korte na may sapat na dahilan upang maglabas ng
writupang maproteksyunan o mabigyan lunas ang paglabag sa mga
nabanggit na karapatang pantao, the Clerk of

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.

N: After the writ is served, what should the respondent do?

J: Within seventy-two (72) hours after service of the writ, the respondent shall file a verified
written return together with supporting affidavits.

N: Is there any hearing conducted for this?

J: Yes.

N: What is the nature of the hearing on the petition?

J: