Writ of Amparo

A.M. No. 09-09-12-SC

(25 Sept. 2007)

I. Definition

a. Writ of Amparo - is a remedy available to any person whose right to

LIFE, LIBERTY, and SECURITY is violated or threatened with violations
by an unlawful act or omission or a public official or employee or of a
private individual or entity.

b. COVERAGE
i. extra-legal killings
ii. enforced disappearances or threats

II. Who may file?

a. any member of the immediate family, i.e., s, c, p

b. any ascendant, descendant or collateral relative up to the 4 th civil

degree of consanguinity or affinity

c. any concerned citizen, association, or institution

III. Where to file?

i. RTC of the place where the treat, act, or omission was committed or
any of the elements occurred

ii. Sandiganbayan

iii. Court of Appeals

iv. Supreme Court

v. Any justice of the Supreme Court/Sandiganbayan/Court of Appeals

IV. Issuance of the writ.

i. immediately issued
ii. summary hearing not later than 7 days from the date of issuance

V. Return

i. respondent to file verified return within 5 working days after service

of the writ
ii. a general denial of allegations in the petitions not allowed
iii. defenses not raised in return, deemed waived
iv. failure of respondent to file a return, the petition will be heard ex
parte

VI. Prohibited pleadings (Sec. 11, as amended)

i. exceptions
a. motion for extension of time to file return
b. motion for new trial
c. petition for relief from judgment
VII. Interim reliefs

1
 i. temporary protection order
ii. inspection order
iii. production order
iv. witness protection order

VIII. Burden of proof required

i. substantial evidence

IX. Judgment

i. shall render judgment within 10 days from the time the petition is
submitted for decision

X. Appeal

i. appeal to Court of Appeals under Rule 45 on questions of law or fact

or both
ii. period to appeal - five (5) working days from the date of notice of
adverse judgment

XI. Filing of separate actions

i. separate criminal, civil or administrative actions are not precluded

ii. when a criminal action has been commenced, no separate action
for the writ shall be filed
iii. when a criminal action is filed subsequent to the filing of the writ,
the latter shall be consolidated with the criminal action
(also when a separate civil action is filed)

XII. Compared with WRIT OF HABEAS CORPUS

WRIT OF AMPARO WRIT OF HABEAS CORPUS

i. covers right to life liberty or i. extends to cases of illegal

confinement
security of persons deprivation of liberty

ii. may be filed with the RTC, CA, ii. may be filed with the RTC, CA,
and SC
Sandiganbayan, and SC only

iii. directed against public officials, iii. directed only to an officer

employee, private individual
entity

iv. covers extra-legal killings and iv. does not

enforced disappearances or threats

v. no docket fees v. with docket fees and costs

vi. general denial of allegations vi. simple denial is allowed

not allowed in the petition