Supreme Court finishes draft rules on writ of amparo

The Supreme Court has finished drafting the rules of a court order that would protect the constitutional rights of a person.

In a statement during the weekend, the SC committee on the revision of the rules of court said the draft on the implementing rules to govern the issuance of the “writ of amparo” has recently been completed.

It will be submitted to the Supreme Court on its regular sessions on Tuesday for approval.

Hopefully, the SC said, the guidelines would be in effect by Oct. 24 in time for the 62nd anniversary celebration of the United Nations.

The word “amparo” was said to be derived from the Spanish verb amparar, meaning “to protect.”

Chief Justice Reynato Puno said, “the writ of amparo will deny authorities the defense of simple denial when they are sued to produce, before the courts, the bodies of victims of involuntary disappearances,” and “will hold public authorities to a high standard of official conduct, failing which they will be held accountable to our people.”

The draft guidelines were made after judicial officials met for the National Summit on Extrajudicial Killings and Enforced Disappearances two months ago, where it was resolved that the Supreme Court would review its existing rules and promulgate new ones to address the issue of extrajudicial killings and forced abductions.

Aside from the writ of amparo, Puno said the Supreme Court is also contemplating promulgating rules to govern the issuance of the “writ of habeas data.”

The Supreme Court said the writ of habeas data will compel government and military officials to allow families of victims of enforced disappearances access to official documents by invoking “the right of truth.”

The writ has been used in solving the problem of extralegal killings and enforced disappearances in Latin American countries under military dictatorships, the High Court said.

Likewise, the SC is reviewing the implementing guidelines of the writ of habeas corpus.

Relatives of missing persons usually file a petition for habeas corpus in order to compel the government to produce persons believed to be victims of forced disappearances.

The writ of amparo is broader in scope than habeas corpus.

According to retired SC justice Flerida Ruth Romero, the writ of habeas corpus is “an extraordinary recourse available only in cases of illegal confinement or detention by which a person is deprived of his liberty.”

“Moreover, the invariable reply to “produce the body” is a general denial of custody,” said Romero.

Once the draft rules are in effect, the writ of amparo would compel state agents to look for the missing person.

If the court were to find that the officials did not exert enough effort in finding the person, it could hold them liable.

The writ of amparo has been used in totalitarian countries to protect the rights of victims of disappearances.

It has not yet been enforced in the Philippines but it was authorized by the 1987 Constitution when it allowed the Supreme Court to promulgate rules to protect constitutional rights.

The writ of amparo was first created during constitutional reforms undertaken in Mexico in 1847. It is considered the most powerful judicial instrument in Mexico and which can be invoked against acts by any government official, including the President. It is also recognized in some South American countries as well as several American states.       – Sandy Araneta