THE WRIT OF AMPARO AS MECHANISM TO CURB IMPUNITY: The Case of the Philippines
I.Impunity: Context
within which amparo was promulgated
Cases
of extra judicial killings, enforced disappearances and other human rights
violations in the Philippines
have not only been marked by the heinousness of the crime but also by the
impunity with which they were committed.Many of the extra judicial killings and enforced disappearances were
committed openly, in public places, near police stations or military camps
butno serious investigation of and
prosecution for these crimes have been conducted by the government.The
various Habeas Corpus petitions filed by human rights lawyers to stem enforced
disappearances remain unsuccessful as the respondent-state security forces
merely deny custody of the victims resulting in the dismissal of these
petitions.Attempts by human rights
groups to gather and preserve evidence are met with very little cooperation
from government investigating agencies making it exceedinglydifficult for human rights cases to prosper
in court. Worse, many human rights advocates and lawyershave been the target of attacks themselves
further curtailing the victims’ access to the judicial processes.
This is the context under which the Supreme Court
called for a consultative summit on extra judicial killings and enforced
disappearance on July 16-17, 2007.Many
human rights lawyers who are now members of the NUPL were invitedto the summit and were asked to submit their
recommendations.Among our recommendations
was for active judicial intervention in cases of human rights violations.
AMPARO VICTORIES: PUBLIC OFFICIALS WARNED TO ABIDE BY COURT DECISIONS
The first
Supreme Court Amparo decision through the Manalo brothers’ case will be a major
step in efforts to identify the perpetrators of enforced disappearances and
extra judicial killings if the Arroyo government will not subvert the Court’s
order granting protection to the Manalo brothers and for the production of documents
relevant to the brothers’ detention in military camps.Likewise, the recent decision of the
Regional Trial Court (RTC) in Kabankalan, Negros Occidental ordering the
respondent military to surface and release two victims enforced disappearance
to their parents and Atty.Ben Ramos, a
founding member of NUPL, is also a victory forhuman rights and public officials are warned that they will be subject
of criminal and administrative cases should they refuse to abide by the court
decision.
Chief Justice Reynato Puno said that the Rules on the Writ of Amparo were not magic bullets.
They were not indeed.
They were at best a recognition that there were no other remedies
available for victims of extrajudicial killings and enforced
disappearances and that the judicial system was wanting in doing its
Constitutional functions of protecting the constitutional rights of
people.
But the Writ of Amparo in its praxis found justice sorely lacking.
The Writ of Amparo and Habeas Data: Seven Months After By Atty. Jose Maidas Marquez
Officers and members of the NUPL
Fellow Lawyers and Students of Law;
Fellow Human Rights Advocates;
Friends:
Before I go to my assigned task this morning, I would like to thank
your Secretary-General, Atty. Neri Colmenares for having me again. It
is not very easy to prepare speeches with scrutinizing lawyers as your
audience. It makes it doubly difficult if you have to deliver it on a
Saturday morning after a Friday evening of a long work week. With
all candidness, I had to wake up at four this morning to finish this
survey. But if these are what it would take for me to be again in the
company of human rights devotees, considering the many inhibitions my
present job as a functionary of the High Court brings, then so be it.
And that is why I have decided to accept the invitation of your
Secretary-General, and am now before you. I am now hoping that I will
be able to do justice to your presence this morning before me.
EXECUTIVE’S DISREGARD OF THE WRIT OF AMPARO: CONTEMPTUOUS OF SUPREME COURT POWERS
NUPL condemns the recent attempt of Pres. Gloria Arroyo to undermine the rule on the writ of amparo by issuing Administrative Order 197 which contains, inter alia, an order directing the Armed Forces of the Philippines to draft legislation to protect “disclosure of military secrets and undue interference in military operations”.
THE WRIT OF AMPARO: A COMPARATIVE REVIEW By Atty. Neri Javier Colmenares
Introduction
The recent Consultative Summit on Extrajudicial Killings and Enforced Disappearance organized by the Supreme Court highlighted legal concepts that are alien to Philippine jurisprudence. Concepts like the writ of amparo, command responsibility and subsequently, the writ of habeas data were entertained as possible legal tools that may be useful in solving the escalating number of cases involving extra judicial killings and enforced disappearances that have plagued the country for many years.
INITIAL ANALYSIS ON THE PHILIPPINE AMPARO By Atty. Neri Javier Colmenares
On September 25, 2007 the Supreme Court issued AM No. 07-9-12 promulgating the Rule on the "Writ of Amparo". The rule is to take effect on October 24, 2007 although it will also apply retroactively to"cases involving extra legal killings and enforced disappearance or threats thereof pending in the trial and appellate courts". Under Section 26 this rule is applicable to pending habeas corpus cases including those on the disappearance of, among others, Jonas Burgos, Karen Empeno, Shirley Cadapan and Luisa Posa.
