You are on page 1of 3

February 23, 2009

Dear Atty. Caloy Zarate and Atty Berverloy Musni, The Writ of Amparo has been in existence for more than a year now and many NUPL members have been involved in the various amparo petitions filed all over the country. We have achieved many victories in our Amparo petitions, the latest of which was the release of a detained activist in Negros Occidental, but many of our amparo petitions have also been dismissed without the surfacing or release of the victims. It is in this light that the NUPL is organizing an evaluation of the Writ of Amparo so to cull lessons learned from the many cases we have handled and help enhance our capability in handling our amparo cases. Furthermore, we were informed by Supreme Court Spokesman Atty. Midas Marquez that the Supreme Court will be reviewing the Rule on the Writ of Amparo and that, we can input our views to the Court so that these can be considered during the review. The evaluation session, titled Evaluating The Writ of Amparo: More than One Year of Lessons and Experiences by Peoples Lawyers will be held on March 13, 2009. We suggest you arrive in the evening of March 12 since the evaluation will start in the morning of the next day. We have also scheduled a training seminar on the Comprehensive Agreement on Human Rights and International Humanitarian Law (CAHRIHL) and the peace process which we hope will equip the participants with knowledge on such important issues in the country involving peace and human rights. This will be held on March 1415, 2009. In preparation for the evaluation of the writ of amparo, we request that you provide the following data which will be decisive in our evaluation process:
1. Inventory and Legal Audit: The number of amparo cases (and habeas data if

any) filed in the provinces in your region and their status (whether pending, granted or dismissed)
2. Analysis of the decisions of the Courts in decided cases, with emphasis on the

following: a. The courts concept of extra-judicial killings and enforced disappearances and their perception as to the immunity of Pres. Arroyo from an amparo suit; b. Observance of the requirements for the filing of the Return and the

period provided periods provided for by the Rules;

c. etc) d. the following:

analysis of the Issuance of Ancilliary remedies (Inspection Orders, The quantum of proof as provided for in the Rules;

3. Experiences of lawyers handling Amparo and Data cases, with emphasis on

a. Experiences in documentary evidence;

gathering

and

presenting

testimonial

and

b. Means and Methods used by the respondents in avoiding or defeating the petition for a writ of amparo c. Limitations of the Rules as remedies for extra-judicial killings and enforced disappearances. d. Treatment of witnesses

Of course, the most important question that will be discussed in the end is whether or not the writ of amparo is an effective remedy for victims of human rights violations:, the discussion of which we hope for your active participation. Please send us your written view on the above, no matter how short, on or before March 10 so we can compile the same for distribution as conference papers. The evaluations success hinges on the data or information that you will submit. We would appreciate it of course if you can bring case folders on amparo cases that you may have so that we can photocopy and file it in the national office. This will ensure that other lawyer members have access to the same. Furthermore, we need confirmation on or before March 6,2009 on your availability during the period of March 12-15, 2009 so we can make the necessary arrangements.The Secretariat will inform you on the venue as soon as possible. Thank you and we hope for your active participation in the forthcoming evaluation.
Truly yours,

Atty. Neri Javier Colmenares Secretary General

Important Notes: A. 1. Criteria for participants: The Participants is handling a Writ of Amparo case or plans to handle one.

2. The participants should be the point person and who could also echo the CARHRIHL training. 3. The participant can attend the full workshop schedule starting March 13-15,2009 Number of participants : Mindanao Visayas Luzon NMR 1.SMR 1,WMR 1,FSMR 1,Caraga 1 (6)* Panay 2,Negros 2,Cebu /Bohol 3, EV 3 CAR 2, CL 2,CV 2,ST 1,Bikol 2 (9) (10)

The regional delegates may register on the 12th of March and can leave on the 16th in the morning. We REQUIRE the participants to complete the whole training. B. Transportation and Board and Lodging

Participants from Mindanao and Visayas: Only Airfare will be shouldered by the NUPL secretariat. Land transportation and incidental expenses will be the counterpart of the participant. The NUPL will shoulder for the board and lodging of the participants from March 12-15,2009. Participants from Luzon: Bus fare back and forth will be shouldered by the NUPL secretariat. Incidental expenses will be the counterpart of the participant. PLEASE INFORM THE SECRETARIAT BEFORE MARCH 6,2009 WHETHER YOU CAN PARTICIPATE IN THE TRAINING. For more information, please get in touch with the NUPL secretariat (Rea) at Telephone no. 920 .6660 or email address nupl2007@gmail.com or NUPL mobile number 0917.887.0776 (c/o Rea).

You might also like