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THE RULE ON
THE WRIT OF AMPARO

SECTION 1. Petition. – The petition for a writ of amparo is a

remedy available to any person whose right to life, liberty and security

is violated or threatened with violation by an unlawful act or omission

of a public official or employee, or of a private individual or entity.

The writ shall cover extralegal killings and enforced

disappearances or threats thereof.

SEC. 2. Who May File. – The petition may be filed by the

aggrieved party or by any qualified person or entity in the following

order:

(a) Any member of the immediate family, namely: the

spouse, children and parents of the aggrieved party;

(b) Any ascendant, descendant or collateral relative of the

aggrieved party within the fourth civil degree of consanguinity or

affinity, in default of those mentioned in the preceding paragraph; 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.

The filing of a petition by the aggrieved party suspends the

right of all other authorized parties to file similar petitions. Likewise,

the filing of the petition by an authorized party on behalf of the

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aggrieved party suspends the right of all others, observing the order

established herein.

SEC. 3. Where to File. – The petition may be filed on any day

and at any time with the Regional Trial Court 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,

or any justice of such courts. The writ shall be enforceable anywhere

in the Philippines.

When issued by a Regional Trial Court or any judge thereof,

the writ shall be returnable before such court or judge.

When issued by the Sandiganbayan or the Court of Appeals or

any of their justices, it may be returnable before such court or any

justice thereof, or to any Regional Trial Court of the place where the

threat, act or omission was committed or any of its elements occurred.

When issued by the Supreme Court or any of its justices, it may

be returnable before such Court or any justice thereof, or before the

Sandiganbayan or the Court of Appeals or any of their justices, or to

any Regional Trial Court of the place where the threat, act or omission

was committed or any of its elements occurred.

SEC. 4. No Docket Fees. – The petitioner shall be exempted

from the payment of the docket and other lawful fees when filing the

petition. The court, justice or judge shall docket the petition and act

upon it immediately.
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SEC. 5. Contents of Petition. – The petition shall be signed and

verified and shall allege the following:

(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.
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SEC. 6. Issuance of the Writ. – 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.

SEC. 7. Penalty for Refusing to Issue or Serve the Writ. – A

clerk of court who refuses to issue the writ after its allowance, or a

deputized person who refuses to serve the same, shall be punished by

the court, justice or judge for contempt without prejudice to other

disciplinary actions.

SEC. 8. How the Writ is Served. – The writ shall be served

upon the respondent by a judicial officer or by a person deputized by

the court, justice or judge who shall retain a copy on which to make a

return of service. In case the writ cannot be served personally on the

respondent, the rules on substituted service shall apply.

SEC. 9. Return; Contents. – Within seventy-two (72) hours

after service of the writ, the respondent shall file a verified written

return together with supporting affidavits which shall, among other

things, contain the following:

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(a) The lawful defenses to show that the respondent did not

violate or threaten with violation the right to life, liberty and security

of the aggrieved party, through any act or omission;

(b) The steps or actions taken by the respondent to determine

the fate or whereabouts of the aggrieved party and the person or

persons responsible for the threat, act or omission;

(c) All relevant information in the possession of the

respondent pertaining to the threat, act or omission against the

aggrieved party; and

(d) If the respondent is a public official or employee, the

return shall further state the actions that have been or will still be

taken:

(i) to verify the identity of the aggrieved party;

(ii) to recover and preserve evidence related to

the death or disappearance of the person identified in the

petition which may aid in the prosecution of the person

or persons responsible;

(iii) to identify witnesses and obtain statements

from them concerning the death or disappearance;

(iv) to determine the cause, manner, location and

time of death or disappearance as well as any pattern or

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practice that may have brought about the death or

disappearance;

(v) to identify and apprehend the person or

persons involved in the death or disappearance; and

(vi) to bring the suspected offenders before a

competent court.

The return shall also state other matters relevant to the

investigation, its resolution and the prosecution of the case.

A general denial of the allegations in the petition shall not be

allowed.

SEC. 10. Defenses not Pleaded Deemed Waived. — All

defenses shall be raised in the return, otherwise, they shall be deemed

waived.

SEC. 11. Prohibited Pleadings and Motions. – The following

pleadings and motions are prohibited:

(a) Motion to dismiss;

(b) Motion for extension of time to file return, opposition,

affidavit, position paper and other pleadings;

(c) Dilatory motion for postponement;

(d) Motion for a bill of particulars;

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(e) Counterclaim or cross-claim;

(f) Third-party complaint;

(g) Reply;

(h) Motion to declare respondent in default;

(i) Intervention;

(j) Memorandum;

(k) Motion for reconsideration of interlocutory orders or interim

relief orders; and

(l) Petition for certiorari, mandamus or prohibition against any

interlocutory order.

SEC. 12. Effect of Failure to File Return. — In case the

respondent fails to file a return, the court, justice or judge shall

proceed to hear the petition ex parte.

SEC. 13. Summary Hearing. — The hearing on the petition

shall be summary. However, the court, justice or judge may call for a

preliminary conference to simplify the issues and determine the

possibility of obtaining stipulations and admissions from the parties.

The hearing shall be from day to day until completed and given

the same priority as petitions for habeas corpus.

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SEC. 14. Interim Reliefs. — Upon filing of the petition or at

anytime before final judgment, the court, justice or judge may grant

any of the following reliefs:

(a) Temporary Protection Order. – The court, justice or

judge, upon motion or motu proprio, may order that the petitioner or

the aggrieved party and any member of the immediate family be

protected in a government agency or by an accredited person or

private institution capable of keeping and securing their safety. If the

petitioner is an organization, association or institution referred to in

Section 3(c) of this Rule, the protection may be extended to the

officers involved.

The Supreme Court shall accredit the persons and private

institutions that shall extend temporary protection to the petitioner or

the aggrieved party and any member of the immediate family, in

accordance with guidelines which it shall issue.

The accredited persons and private institutions shall comply

with the rules and conditions that may be imposed by the court, justice

or judge.

(b) Inspection Order. — The court, justice or judge, upon

verified motion and after due hearing, may order any person in

possession or control of a designated land or other property, to permit

entry for the purpose of inspecting, measuring, surveying, or

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photographing the property or any relevant object or operation

thereon.

The motion shall state in detail the place or places to be

inspected. It shall be supported by affidavits or testimonies of

witnesses having personal knowledge of the enforced disappearance

or whereabouts of the aggrieved party.

If the motion is opposed on the ground of national security or of

the privileged nature of the information, the court, justice or judge

may conduct a hearing in chambers to determine the merit of the

opposition.

The movant must show that the inspection order is necessary to

establish the right of the aggrieved party alleged to be threatened or

violated.

The inspection order shall specify the person or persons

authorized to make the inspection and the date, time, place and

manner of making the inspection and may prescribe other conditions

to protect the constitutional rights of all parties. The order shall

expire five (5) days after the date of its issuance, unless extended for

justifiable reasons.

(c) Production Order. – The court, justice or judge, upon

verified motion and after due hearing, may order any person in

possession, custody or control of any designated documents, papers,

books, accounts, letters, photographs, objects or tangible things, or

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objects in digitized or electronic form, which constitute or contain

evidence relevant to the petition or the return, to produce and permit

their inspection, copying or photographing by or on behalf of the

movant.

The motion may be opposed on the ground of national security

or of the privileged nature of the information, in which case the court,

justice or judge may conduct a hearing in chambers to determine the

merit of the opposition.

The court, justice or judge shall prescribe other conditions to

protect the constitutional rights of all the parties.

(d) Witness Protection Order. – The court, justice or judge,

upon motion or motu proprio, may refer the witnesses to the

Department of Justice for admission to the Witness Protection,

Security and Benefit Program, pursuant to Republic Act No. 6981.

The court, justice or judge may also refer the witnesses to other

government agencies, or to accredited persons or private institutions

capable of keeping and securing their safety.

SEC. 15. Availability of Interim Reliefs to Respondent. – Upon

verified motion of the respondent and after due hearing, the court,

justice or judge may issue an inspection order or production order

under paragraphs (b) and (c) of the preceding section.

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A motion for inspection order under this section shall be

supported by affidavits or testimonies of witnesses having personal

knowledge of the defenses of the respondent.

SEC. 16. Contempt. – The court, justice or judge may order the

respondent who refuses to make a return, or who makes a false return,

or any person who otherwise disobeys or resists a lawful process or

order of the court to be punished for contempt. The contemnor may

be imprisoned or imposed a fine.

SEC. 17. Burden of Proof and Standard of Diligence Required.

– The parties shall establish their claims by substantial evidence.

The respondent who is a private individual or entity must prove

that ordinary diligence as required by applicable laws, rules and

regulations was observed in the performance of duty.

The respondent who is a public official or employee must prove

that extraordinary diligence as required by applicable laws, rules and

regulations was observed in the performance of duty.

The respondent public official or employee cannot invoke the

presumption that official duty has been regularly performed to evade

responsibility or liability.

SEC. 18. Judgment. — The court shall render judgment within

ten (10) days from the time the petition is submitted for decision. If

the allegations in the petition are proven by substantial evidence, the

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court shall grant the privilege of the writ and such reliefs as may be

proper and appropriate; otherwise, the privilege shall be denied.

SEC. 19. Appeal. – Any party may appeal from the final

judgment or order to the Supreme Court under Rule 45. The appeal

may raise questions of fact or law or both.

The period of appeal shall be five (5) working days from the

date of notice of the adverse judgment.

The appeal shall be given the same priority as in habeas corpus

cases.

SEC. 20. Archiving and Revival of Cases. – The court shall not

dismiss the petition, but shall archive it, if upon its determination it

cannot proceed for a valid cause such as the failure of petitioner or

witnesses to appear due to threats on their lives.

A periodic review of the archived cases shall be made by the

amparo court that shall, motu proprio or upon motion by any party,

order their revival when ready for further proceedings. The petition

shall be dismissed with prejudice upon failure to prosecute the case

after the lapse of two (2) years from notice to the petitioner of the

order archiving the case.

The clerks of court shall submit to the Office of the Court

Administrator a consolidated list of archived cases under this Rule not

later than the first week of January of every year.

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SEC. 21. Institution of Separate Actions. — This Rule shall not

preclude the filing of separate criminal, civil or administrative actions.

SEC. 22. Effect of Filing of a Criminal Action. – When a

criminal action has been commenced, no separate petition for the writ

shall be filed. The reliefs under the writ shall be available by motion

in the criminal case.

The procedure under this Rule shall govern the disposition of

the reliefs available under the writ of amparo.

SEC. 23. Consolidation. – When a criminal action is filed

subsequent to the filing of a petition for the writ, the latter shall be

consolidated with the criminal action.

When a criminal action and a separate civil action are filed

subsequent to a petition for a writ of amparo, the latter shall be

consolidated with the criminal action.

After consolidation, the procedure under this Rule shall

continue to apply to the disposition of the reliefs in the petition.

SEC. 24. Substantive Rights. — This Rule shall not diminish,

increase or modify substantive rights recognized and protected by the

Constitution.

SEC. 25. Suppletory Application of the Rules of Court. – The

Rules of Court shall apply suppletorily insofar as it is not inconsistent

with this Rule.

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SEC. 26. Applicability to Pending Cases. – This Rule shall

govern cases involving extralegal killings and enforced

disappearances or threats thereof pending in the trial and appellate

courts.

SEC. 27. Effectivity. – This Rule shall take effect on October

24, 2007, following its publication in three (3) newspapers of general

circulation.