MANILA, Philippines — The Supreme Court (SC)’s committee on human rights is recommending the approval of the writ of kalayaan, a judicial mechanism that seeks to bolster the protection of basic human rights in the country.
Stressing how human rights can be framed as part of Filipinos’ duty to each other, Senior Associate Justice Marvic Leonen said the SC rights committee would also review the contents, impact and operations of the writ of amparo, habeas data and habeas corpus – which the writ of kalayaan will be augmenting.
The writ of habeas data is a legal remedy available to persons whose right to privacy is threatened, while the writ of habeas corpus protects the freedom of the person; the writ of amparo is designed to protect other fundamental human rights enshrined in the Constitution not covered by habeas corpus.
“(The SC committee on human rights) will do so in a consultative manner, involving not only the basic sectors but government as well as uniformed services,” Leonen said.
“Further, within the first half of next year, and based on the data so far collected from the deaths and threats in the past years, it will make recommendations to the court en banc as to how to further protect lawyers and judges,” he added.
He said that by unveiling the Human Rights Day marker, the Supreme Court celebrates its commitment to do more.
In 2020, Leonen wrote a separate opinion on a petition filed by relatives and friends of political prisoners for their temporary release through bail, the need for the writ of kalayaan that should serve as a continuing mandamus order for the government to fix the poor conditions in the country’s prisons.
Meanwhile, Chief Justice Alexander Gesmundo said the SC and the entire judiciary would not tolerate bigotry and prejudice.
“We declare that in the Supreme Court and in the entire judiciary, there will be no intolerance, bigotry and prejudice, but only respect, acceptance and equality,” he said.
The writs of amparo and habeas data were promulgated by the SC alongside the writ of kalikasan in the 2000s. The kalikasan writ provides protection against natural disasters caused by human activities like mining.