Amparo, Data, Kalikasan

8/13/2019 Amparo, Data, Kalikasan

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WRIT OF AMPARO,WRIT OF HABEAS DATA

ANDWRIT OF KALIKASAN

Zymond Rabutazo

1C


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WRIT OF AMPAROA.M. No. 07-9-12-SC

Date issued: October 16 2007


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DEFINITION

A 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 ofa public official or employee, or of a private

individual or entity.

Amparoliterally means to protect


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SCOPE

- The writ shall cover extralegal killings andenforced disappearances or threats thereof.

- Limited only to the right to life, liberty and

security of persons. - covers both actual and threatened

violations of such rights committed by bothpublic officials and private individuals or

entities.


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WHO MAY FILE

-Aggrieved Party

Any member of the immediate family, namely: thespouse, children and parents of the aggrieved party;

Any ascendant, descendant or collateral relative of the

aggrieved party within the fourth civil degree ofconsanguinity or affinity, in default of those mentioned inthe preceding paragraph

-Authorized Party Any concerned citizen, organization, association or

institution, if there is no known member of the immediatefamily or relative of the aggrieved party.


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FILINGmay be filed on any day, including Saturdays, Sundays and holidays; and at

any time, from morning until evening.

The amparo petition may be filed with:

Regional Trial Court having territorial jurisdiction on the place where theact or omission was committed, or where any of its elements occurred.

returnable before the RTCor judge.

Sandiganbayan may be returnable before such courtor any justice thereof, or to any

RTCof the place where the violation was committed.

Court of Appeals or any of its justices

may be returnable before such courtor any justice thereof, or to anyRTCof the place where the violation was committed.

Supreme Court of any of its justices

returnable before the SCor any justice thereof, or before theSandiganbayan or the CAor any of their justices, or to any RTCofthe place where the violation took place.

No docket and other lawful fees required.


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CONTENTS

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 responsiblefor the threat, act or omission, or, if the name is unknown or uncertain, therespondent may be described by an assumed appellation;

c. The right to life, liberty and security of the aggrieved party violated orthreatened with violation by an unlawful act or omission of the respondent,and how such threat or violation is committed with the attendantcircumstances detailed in supporting affidavits;

d. The investigation conducted, if any, specifying the names, personalcircumstances, 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 thefate or whereabouts of the aggrieved party and the identity of the personresponsible for the threat, act or omission; and

f. The relief prayed for.


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ISSUANCE

Upon filing, the court, justice or judge shallIMMEDIATELY order the issuance of the writ,when on the face of the petition, it ought to

issue.A hearing of the petition, which shall not be

later than 7 days from the date of issuance,shall be held.

Shall be GRANTED if petitioner is able toprove his cause of action


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SERVICE

Personal Service made by judicial officer or by

a person deputized by the court, justice or

judge against the respondent.

If personal service cannot be made: Rules onsubstituted service will apply


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RETURN

CONTENTS 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;

The steps or actions taken by the respondent to determine the fate or whereabouts of theaggrieved party and the person or persons responsible for the threat, act or omission;

All relevant information in the possession of the respondent pertaining to the threat, act oromission against the aggrieved party; and

If the respondent is a public official or employee, the return shall further state the actions that

have been or will still be taken: to verify the identity of the aggrieved party;

to recover and preserve evidence related to the death or disappearance of the person identified in thepetition which may aid in the prosecution of the person or persons responsible;

to identify witnesses and obtain statements from them concerning the death or disappearance;

to determine the cause, manner, location and time of death or disappearance as well as any pattern orpractice that may have brought about the death or disappearance;

to identify and apprehend the person or persons involved in the death or disappearance; and to bring thesuspected offenders before a competent court

When to File Return: Within SEVENTY-TWO (72) HOURS after the service of the writMust be a detailed verified return

No general denial is allowed

Defenses not pleaded is deemed waived

Failure to file the return will give rise to an Ex Parte Hearing

Refusal to make a return is punishable by CONTEMPT, the respondent may beimprisoned or be fined.


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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, positionpaper and other pleadings;

c. Dilatory motion for postponement;d. Motion for a bill of particulars;

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 interlocutoryorder.


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HEARING

Summary in nature, but the court may conduct

a preliminary conference


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INTERIM RELIEFS

3. Production Order (PO)

The court, justice or judge, upon verified motion and after due hearing, may order anyperson in possession, custody or control of any designated documents, papers,books, accounts, letters, photographs, objects or tangible things, or objects indigitized or electronic form, which constitute or contain evidence relevant to thepetition or the return, to produce and permit their inspection, copying orphotographing by or on behalf of the movant.

If opposed: The amparo court may conduct a hearing in chambers to determine the merit ofthe opposition

4. Witness Protection Order (WPO)

The court, justice or judge, upon motion or motu proprio, may refer the witnesses tothe Department of Justice for admission to the Witness Protection, Security andBenefit Program, pursuant to Republic Act No. 6981.

Interim Reliefs Available to both Petitioner and Respondent

1. Inspection Order - Shall be supported by affidavits or testimonies of witnesseshaving personal knowledge of the defenses of the respondent/s.

2. Protection Order

BURDEN OF PROOF AND


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BURDEN OF PROOF ANDSTANDARD OF DILIGENCE

Substantial Evidence

Standard of Diligence

Private Individual or Entity as Respondent: Prove that

ORDINARY DILIGENCE as required by applicablelaws, rules and regulations was observed in the

performance of duty.

Public Official or Employee as RespondentProve

that EXTRA-ORDINARY DILIGENCE as required byapplicable laws, rules and regulations was observed

in the performance of duty


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JUDGMENT

Court shall render judgment within 10 days from the timepetition is submitted for decision

GRANTED if allegations are proven by substantialevidence, OTHERWISE, it shall be DENIED.

FAILURE TO PRESENT SUBSTANTIAL EVIDENCE:Case will be archived, not dismissed

Revival of Archived Petition - A periodic review shall be made bythe court and shall motu proprio or upon motion of any partyorder its revival when ready for further proceedings.

Dismissal of Petition after it has been archived - DISMISSEDWITH PREJUDICE upon failure to prosecute the case after thelapse of two (2) years from notice to the petitioner of the orderarchiving the case.


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APPEAL

Any party may appeal from the final judgmentor order TO THE SUPREME COURT underRule 45.

May raise questions of fact or law or both. Period of Appeal: Five (5) working days from

the date of notice of the adverse judgment.

Order to archive petition NOT APPEALABLE.

Interlocutory order

INSTITUTION OF SEPARATE


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INSTITUTION OF SEPARATEACTIONS

Prerogative Writ: thus, it does not suspend the filing ofcriminal, civil or administrative actions

Not a criminal proceeding Will NOT determine thecriminal guilt of respondent, BUT the amparo court mayrefer the case to the DOJ for criminal prosecution.

EFFECT OF FILING A SEPARATE CRIMINAL ACTION: If instituted BEFORE the filing of a petition for writ of amparo,

NO SEPARATE PETITION for the writ of amparo shall be filed.The reliefs under the writ shall be available BY MOTION in the

criminal case. If instituted AFTER the filing of a petition for writ of amparo, the

petition for the writ shall be CONSOLIDATED with the criminalaction.

Criminal and a separate civil action are instituted AFTER apetition for the writ of amparo has already been filed, the petition

shall be CONSOLIDATED WITH THE CRIMINAL ACTION.


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CASE DOCTRINES

G.R. No. 182165

CASTILLO et. al. vs. CRUZ et. al.

The coverage of the writs of amparo and habeas data is limited to theprotection of rights to life, liberty and security. And the writs cover

not only actual but also threats of unlawful acts or omissions.

To thus be covered by the privilege of the writs, respondents mustmeet the threshold requirement that their right to life, liberty andsecurity is violated or threatened with an unlawful act or omission.

Petitions for writs of amparo and habeas dataare extraordinaryremedies which cannot be used as tools to stall the execution of afinal and executory decision in a property dispute.


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WRIT OF HABEASDATA

A.M. No. 08-1-16-SC

Date issued: February 2 2008


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WRIT OF HABEAS DATA

The basic attribute of an effective right to informationalprivacy is the right of individuals to control the flowinformation concerning or describing them. It is howevera right that must be balanced by legitimate concerns.

There is therefore a pressing need to provide for judicialremedies (such as the writ of habeas data) that wouldallow the summary hearing of the unlawful use of data orinformation and the remedy possible violations of theright to privacy.

In general, the Writ of Habeas Data is designed toprotect, by means of an individual complaint presented toa constitutional court, the image, privacy, honor,information, self-determination and freedom of

information of a person.


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WRIT OF HABEAS DATA

Several studies have shown remarkable uses of the habeas datawrit- usesthat were not really intended by its developers. An unforeseen effect of this

juridical remedy is that it has become an excellent Human Rights toolmostly in the countries that are recovering from military dictatorships. TheSupreme Court in Argentina held that the habeas data rule applied implicitlyto the families of the deceased in a case involving extrajudicial killing andenforced disappearance. This was a recognition of the right of families of the

disappeared, usually victims of the military regime, to request access topolice and military records otherwise closed to them- and, in essence,establishing a right to truth.

This right to truth entitles the families of disappeared persons to know thetotality of circumstances surrounding the fates of their relatives and imposes

an obligation of investigation on the part of governments.

The right to truth is a component of the right to life, liberty and security. Thewrit of habeas data will provide people with additional remedy that wouldhopefully terminate the extrajudicial killings and enforced disappearancesplaguing the country.


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WRIT OF HABEAS DATA

All persons have the right to access information about themselves,especially if it is in the possession of the government. The right to accessand control personal information is essential to protect ones privacy, honorand personal identity.

The writ of habeas data is a remedy to protect the right to life, liberty or

security of a person from violation or threatened violation by an unlawful actor omission of a public official or employee or of a private individual or entity.It complements the remedies of the writ of amparoand writ of habeascorpus.

The writ of habeas data can be availed of as an independent remedy toenforce ones right to privacy, more specifically, the right to informationalprivacy. The remedies against the violation of such right can includeupdating, rectification, suppression or destruction of the database orinformation or files in possession or in control of respondents.

The right to privacy is a personal right. Hence, generally, it is the aggrievedparty who can seek the remedy of the writ for its enforcement.


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Writ of Mandamus

It is a writ developed to protect the rights ofthe individual against the State.

It is used to command a governmentalagency to perform a ministerial function, sothat a person may enjoy the benefits of acommon government.

In general, the Writ of Habeas Data isdesigned to protect, by means of anindividual complaint presented to aconstitutional court, the image, privacy,honor, information, self-determination andfreedom of information of a person.

The habeas data rule applied implicitly to thefamilies of the deceased in a case involvingextrajudicial killing and enforceddisappearance. This was a recognition of theright of families of the disappeared, usuallyvictims of the military regime, to requestaccess to police and military recordsotherwise closed to them- and, in essence,establishing a right to truth.

This right to truth entitles the families ofdisappeared persons to know the totality ofcircumstances surrounding the fates of theirrelatives and imposes an obligation ofinvestigation on the part of governments.

Family members of disappeared personshave used actions for habeas datato obtaininformation concerning government conduct,to learn the fate of disappeared persons, antto exact accountability.

This action constitute important means toguarantee the right to privacy and, as acomplementary right, the right to truth.

Writ of Habeas Data


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WRIT OF KALIKASAN

Date issued: April 2010


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OBJECTIVES OF THE WRIT OF

KALIKASAN

1. Protection and promotion of constitutional right to

abalanced and healthful ecology;

2. Provision of access to justice- through

simplified,speedy and inexpensive procedure for the en

forcement of environmental rights and duties

3. To introduce and adopt innovations and best practice

censuring the effective enforcement of remedies and

redress for violation of environmental laws; and

4. To enable the courts to monitor and exact compliance

with orders and judgments in environmental cases.

CONSTITUTIONAL


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CONSTITUTIONAL

FRAMEWORK RIGHT TO A BALANCED AND HEALTHFUL ECOLOGY

( Sec. 16, Art. 2 of Phil. Consti.)

The state shall advance theright of the people to a balanced and

healthful ecology inaccordance with the rhythm and harmony of

nature RIGHT TO HEALTH

(Sec. 15, Art. II, Phil. Consti.)

The state shall protect and promote the right to health of the people

and instill health consciousness among them.

RIGHTS OF INDIGENOUS PEOPLES- which include the right to

their cultural and spiritual base (in other words, their ancestral land

which are the Philippines

last living lung).

RULE ON WRIT OF


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RULE ON WRIT OF

KALIKASAN Where Rule is found

: It is incorporated as Rule VII of TheRules of Procedure forEnvironmental Cases adopted by the Supreme Court in April 2010.

Nature of Writ : Special Civil Action

Applicability :Applies when there is damage in violationof environmental law, rule or regulation, where damage isof suchmagnitude as to prejudice the life, health orproperty of inhabitants in2 or more cities or provinces

Who May File:A natural or juridical person, entityauthorized by law,PO, NGO, or any public interest groupaccredited by or registered

with any government agency,on behalf of persons whoseconstitutional right to abalanced and healthful ecology is violated,or threatenedwith violation. (Note: Requirement of accredition istoguarantee legal existence of group or NGO.)


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RULE ON WRIT OF KALIKASAN

Respondent:A public official or employee, or private individual or

entity.

Contents of Petition:

(1) Name/s and personal circumstances of petitioner/s, and of respo

ndent/s who if unknown and uncertain, may bedescribed under assumed appellation;

(2) The environmental law, rule or regulation violated or

threatened to be violated , the act or omission complained of, and

the environmental damage sustained.

(3) Evidence to be attached: affidavits of witnesses, documentaryevidence, scientific or other expert studies, and object evidence;

(4) The certification of non-forum shopping

(5) The reliefs prayed for which may include a prayer for the

issuance of a Temporary Protection Order

RULE ON WRIT OF


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RULE ON WRIT OF

KALIKASAN When is a Temporary Environmental Protection Order

(or TEPO, which is equivalent to the TRO in

ordinary jurisprudence) available?

In case of extreme urgency and the applicant will suffer grave

injustice and irreparable injury,the court may issue ex parte aTEPO effective for only seventy-two (72) hours from date of the

receipt of the TEPO by the party or person enjoined. Within said

period, the court wherethe case is assigned shall conduct a

summary hearing todetermine whether the TEPO may be

extended until thetermination of the case. The court should periodically monitor the existence of actswhich

are the subject matter of the TEPO, the TEPO can beinglifted

anytime as the circumstances may warrant.

RULE ON WRIT OF


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RULE ON WRIT OF

KALIKASAN Dissolution of the TEPO: The TEPO may be dissolved if

it appears after hearing that its issuance or continuance

would cause

irreparable damage to the party or person enjoined while the

applicant may be fully compensated for such damages a she

may suffer and subject to the posting of a sufficient bondby the party or person enjoined. Filing Fee:

Pay as you enter rule does not apply; nofiling fee required.

When to File Return: Within TEN days from receipt of notice

Form and Content of Return: Must be verified; General denial ofallegations is deemed an admission, thus denials must be

specific.

Effect of Failure to File Return: Court will hear the case ex parte

RULE ON WRIT OF


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RULE ON WRIT OF

KALIKASANProhibited Pleadings:

(a) Motion to dismiss;

(b) Motion for extension of time to file return;

(c) Motion for postponement;

(d) Motion for a bill of particulars;(e) Counterclaim or cross-claim;

(f) Third-party complaint;

(g) Reply; and

(h) Motion to declare respondent

Why prohibit certain pleadings?

To expedite the judicial process.

RULE ON WRIT OF


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RULE ON WRIT OF

KALIKASAN Ultimate Reliefs to be prayed for/ granted: Permanent

Cease and Desist Order

Order for rehabilitation or Restoration of damage

Order for respondent to monitor strict compliance with

court orders and decisions Order for respondent to make periodic reports on

strictcompliance with court orders and decisions.

Such other reliefs (except award of damages to

individualpetitioners)NOTE: The Court will not grant an award for

personal damages which may be claimed in a separatecivil action.

FEATURES OF WRIT OF


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FEATURES OF WRIT OF

KALIKASAN

Allows discovery procedure in gathering evidence ( such as ocular

inspection, production or inspection of documents or things)

Applies PRECAUTIONARY PRINCIPLE:

When human activities may lead to threats of serious andirreversible damage to the environment that is scientifically plausible

but uncertain, actions shall be taken to avoid or diminish that

threatand lack of full scientific certainty shall not be used as a

reason for postponing cost-effective measures to prevent

environmental degradation. Thus, this principle modifies the ruleson evidence in writ of kalikasan cases where the burden is on the

respondents to

prove that their activity that may cause damage to the environment

is not in fact damaging.

FEATURES OF WRIT OF


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FEATURES OF WRIT OF

KALIKASAN

A homegrown judicial remedy available only in the

Philippines

Summary in nature; expedited disposition of cases

Liberal rule on locus standi; organizations can stand inrepresentation of communities or of those who suffered

actual damage.

No docket fee required to be paid by petitioner to strike

a balance between ecological and economicdevelopment concerns.

Allows submission of memorandum through email.

Documents

Amparo, Data, Kalikasan