THE RULE ON THE WRIT OF AMPARO RESOLUTION Acting on the recommendation of the Chairperson of the Committee on Revision of the

Rules of Court submitting for this Court s consideration and approval the proposed Rule on the !rit of Amparo" the Court Resolved to A##RO$E the same% This Rule shall ta&e effect on October '(" '))*" follo+ing its publication in three ,-. ne+spapers of general circulation% Septermber '/" '))*%
,Sgd%. RENATO S% #UNO Chief Justice ,Sgd%. LEONARO A% 0UISU12IN3 Associate Justice ,Sgd%. CONSUELO 4NARES5SANTIA3O Associate Justice ,Sgd%. AN3ELINA SAN6O$AL53UTIERRE7 Associate Justice ,Sgd%. ANTONIO T% CAR#IO Associate Justice ,Sgd%. 1A% ALICIA AUSTRIA51ARTINE7 Associate Justice ,Sgd%. RENATO C% CORONA Associate Justice ,Sgd%. CONC8ITA CAR#IO 1ORALES Associate Justice ,Sgd%. A6OL9O S% A7CUNA Associate Justice ,Sgd%. 6ANTE O% TIN3A Associate Justice ,Sgd%. 1INITA $% C8ICO5NA7ARIO Associate Justice ,Sgd%. CANCIO C% 3ARCIA Associate Justice ,Sgd%. #RES2ITERO :% $ELASCO" :R% Associate Justice ,Sgd%. ANTONIO E6UAR6O 2% NAC8URA Associate Justice ,Sgd%. RU2EN T% RE4ES Associate Justice

T8E RULE ON T8E !RIT O9 A1#ARO 9ULL TE;T O9 A1EN6E6 SECTIONS < AN6 == 5 A%1% No% )*5<5 ='5SC 5 T8E RULE ON T8E !RIT O9 A1#ARO 5 October =>" '))*

Section =% #etition% 5 The petition for a +rit of amparo is a remed? available to an? person +hose right to life" libert? and securit? is violated or threatened +ith violation b? an unla+ful act or omission of a public official or emplo?ee" or of a private individual or entit?% The +rit shall cover e@tralegal &illings and enforced disappearances or threats thereof% Sec% '% !ho 1a? 9ile% 5 The petition ma? be filed b? the aggrieved part? or b? an? Aualified person or entit? in the follo+ing orderB =% An? member of the immediate famil?" namel?B the spouse" children and parents of the aggrieved part?C '% An? ascendant" descendant or collateral relative of the aggrieved part? +ithin the fourth civil degree of consanguinit? or affinit?" in default of those mentioned in the preceding paragraphC or -% An? concerned citiDen" organiDation" association or institution" if there is no &no+n member of the immediate famil? or relative of the aggrieved part?% The filing of a petition b? the aggrieved part? suspends the right of all other authoriDed parties to file similar petitions% Li&e+ise" the filing of the petition b? an authoriDed part? on behalf of the aggrieved part? suspends the right of all others" observing the order established herein% Sec% -% !here to 9ile% 5 The petition ma? be filed on an? da? and at an? time +ith the Regional Trial Court of the place +here the threat" act or omission +as committed or an? of its elements occurred" or +ith the Sandiganba?an" the Court of Appeals" the Supreme Court" or an? Eustice of such courts% The +rit shall be enforceable an?+here in the #hilippines% !hen issued b? a Regional Trial Court or an? Eudge thereof" the +rit shall be returnable before such court or Eudge% !hen issued b? the Sandiganba?an or the Court of Appeals or an? of their Eustices" it ma? be returnable before such court or an? Eustice thereof" or to an? Regional Trial Court of the place +here the threat" act or omission +as committed or an? of its elements occurred% !hen issued b? the Supreme Court or an? of its Eustices" it ma? be returnable before such Court or an? Eustice thereof" or before the Sandiganba?an or the Court of Appeals or an? of their Eustices" or to an? Regional Trial Court of the place +here the threat" act or omission +as committed or an? of its elements occurred% Sec% (% No 6oc&et 9ees% 5 The petitioner shall be e@empted from the pa?ment of the doc&et and other la+ful fees +hen filing the petition% The court" Eustice or Eudge shall doc&et the petition and act upon it immediatel?% Sec% /% Contents of #etition% 5 The petition shall be signed and verified and shall allege the follo+ingB =% The personal circumstances of the petitionerC '% The name and personal circumstances of the respondent responsible for the threat" act or omission" or" if the name is un&no+n or uncertain" the respondent ma? be described b? an assumed appellationC -% The right to life" libert? and securit? of the aggrieved part? violated or threatened +ith violation b? an unla+ful act or omission of the respondent" and ho+ such threat or violation is committed +ith the attendant circumstances detailed in supporting affidavitsC (% The investigation conducted" if an?" specif?ing the names" personal circumstances" and addresses of the investigating authorit? or individuals" as +ell as the manner and conduct of the investigation" together +ith an? reportCF /% The actions and recourses ta&en b? the petitioner to determine the fate or +hereabouts of the aggrieved part? and the identit? of the person responsible for the threat" act or omissionC and >% The relief pra?ed for% The petition ma? include a general pra?er for other Eust and eAuitable reliefs%

Sec% >% Issuance of the !rit% 5 Upon the filing of the petition" the court" Eustice or Eudge shall immediatel? order the issuance of the +rit if on its face it ought to issue% The cler& of court shall issue the +rit under the seal of the courtC or in case of urgent necessit?" the Eustice or the Eudge ma? issue the +rit under his or her o+n hand" and ma? deputiDe an? officer or person to serve it% The +rit shall also set the date and time for summar? hearing of the petition +hich shall not be later than seven ,*. da?s from the date of its issuance% Sec% *% #enalt? for Refusing to Issue or Serve the !rit% 5 A cler& of court +ho refuses to issue the +rit after its allo+ance" or a deputiDed person +ho refuses to serve the same" shall be punished b? the court" Eustice or Eudge for contempt +ithout preEudice to other disciplinar? actions% Sec% G% 8o+ the !rit is Served% 5 The +rit shall be served upon the respondent b? a Eudicial officer or b? a person deputiDed b? the court" Eustice or Eudge +ho shall retain a cop? on +hich to ma&e a return of service% In case the +rit cannot be served personall? on the respondent" the rules on substituted service shall appl?% Sec% <% ReturnC Contents% 5 !ithin sevent?5t+o ,*'. hours after service of the +rit" the respondent shall file a verified +ritten return together +ith supporting affidavits +hich shall" among other things" contain the follo+ingB =% The la+ful defenses to sho+ that the respondent did not violate or threaten +ith violation the right to life" libert? and securit? of the aggrieved part?" through an? act or omissionC '% The steps or actions ta&en b? the respondent to determine the fate or +hereabouts of the aggrieved part? and the person or persons responsible for the threat" act or omissionC -% All relevant information in the possession of the respondent pertaining to the threat" act or omission against the aggrieved part?C and (% If the respondent is a public official or emplo?ee" the return shall further state the actions that have been or +ill still be ta&enB =% '% -% (% /% to verif? the identit? of the aggrieved part?C to recover and preserve evidence related to the death or disappearance of the person identified in the petition +hich ma? aid in the prosecution of the person or persons responsibleC to identif? +itnesses and obtain statements from them concerning the death or disappearanceC to determine the cause" manner" location and time of death or disappearance as +ell as an? pattern or practice that ma? have brought about the death or disappearanceC to identif? and apprehend the person or persons involved in the death or disappearanceC and

>% 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 allo+ed% Sec% =)% 6efenses not #leaded 6eemed !aived% 5 All defenses shall be raised in the return" other+ise" the? shall be deemed +aived% Sec% ==% #rohibited #leadings and 1otions% 5 The follo+ing pleadings and motions are prohibitedB =% 1otion to dismissC

'% 1otion for e@tension of time to file return" opposition" affidavit" position paper and other pleadingsC -% 6ilator? motion for postponementC (% 1otion for a bill of particularsC

/% Counterclaim or cross5claimC >% Third5part? complaintC *% Repl?C G% 1otion to declare respondent in defaultC <% InterventionC =)% 1emorandumC ==% 1otion for reconsideration of interlocutor? orders or interim relief ordersC and

='% #etition for certiorari" mandamus or prohibition against an? interlocutor? order% Sec% ='% Effect of 9ailure to 9ile Return% 5 In case the respondent fails to file a return" the court" Eustice or Eudge shall proceed to hear the petition e@ parte% Sec% =-% Summar? 8earing% 5 The hearing on the petition shall be summar?% 8o+ever" the court" Eustice or Eudge ma? call for a preliminar? conference to simplif? the issues and determine the possibilit? of obtaining stipulations and admissions from the parties% The hearing shall be from da? to da? until completed and given the same priorit? as petitions for habeas corpus% Sec% =(% Interim Reliefs% 5 Upon filing of the petition or at an?time before final Eudgment" the court" Eustice or Eudge ma? grant an? of the follo+ing reliefsB ,a. Temporar? #rotection Order% 5 The court" Eustice or Eudge" upon motion or motu proprio" ma? order that the petitioner or the aggrieved part? and an? member of the immediate famil? be protected in a government agenc? or b? an accredited person or private institution capable of &eeping and securing their safet?% If the petitioner is an organiDation" association or institution referred to in Section -,c. of this Rule" the protection ma? be e@tended to the officers involved% The Supreme Court shall accredit the persons and private institutions that shall e@tend temporar? protection to the petitioner or the aggrieved part? and an? member of the immediate famil?" in accordance +ith guidelines +hich it shall issue% The accredited persons and private institutions shall compl? +ith the rules and conditions that ma? be imposed b? the court" Eustice or Eudge% ,b. Inspection Order% 5 The court" Eustice or Eudge" upon verified motion and after due hearing" ma? order an? person in possession or control of a designated land or other propert?" to permit entr? for the purpose of inspecting" measuring" surve?ing" or photographing the propert? or an? relevant obEect or operation thereon% The motion shall state in detail the place or places to be inspected% It shall be supported b? affidavits or testimonies of +itnesses having personal &no+ledge of the enforced disappearance or +hereabouts of the aggrieved part?% If the motion is opposed on the ground of national securit? or of the privileged nature of the information" the court" Eustice or Eudge ma? conduct a hearing in chambers to determine the merit of the opposition% The movant must sho+ that the inspection order is necessar? to establish the right of the aggrieved part? alleged to be threatened or violated% The inspection order shall specif? the person or persons authoriDed to ma&e the inspection and the date" time" place and manner of ma&ing the inspection and ma? prescribe other conditions to protect the constitutional rights of all parties% The order shall e@pire five ,/. da?s after the date of its issuance" unless e@tended for Eustifiable reasons% ,c. #roduction Order% 5 The court" Eustice or Eudge" upon verified motion and after due hearing" ma? order an? person in possession" custod? or control of an? designated documents" papers" boo&s" accounts" letters" photographs" obEects or tangible things" or obEects in

digitiDed or electronic form" +hich constitute or contain evidence relevant to the petition or the return" to produce and permit their inspection" cop?ing or photographing b? or on behalf of the movant% The motion ma? be opposed on the ground of national securit? or of the privileged nature of the information" in +hich case the court" Eustice or Eudge ma? conduct a hearing in chambers to determine the merit of the opposition% The court" Eustice or Eudge shall prescribe other conditions to protect the constitutional rights of all the parties% ,d. !itness #rotection Order% 5 The court" Eustice or Eudge" upon motion or motu proprio" ma? refer the +itnesses to the 6epartment of :ustice for admission to the !itness #rotection" Securit? and 2enefit #rogram" pursuant to Republic Act No% ><G=% The court" Eustice or Eudge ma? also refer the +itnesses to other government agencies" or to accredited persons or private institutions capable of &eeping and securing their safet?% Sec% =/% Availabilit? of Interim Reliefs to Respondent% 5 Upon verified motion of the respondent and after due hearing" the court" Eustice or Eudge ma? issue an inspection order or production order under paragraphs ,b. and ,c. of the preceding section% A motion for inspection order under this section shall be supported b? affidavits or testimonies of +itnesses having personal &no+ledge of the defenses of the respondent% Sec% =>% Contempt% 5 The court" Eustice or Eudge ma? order the respondent +ho refuses to ma&e a return" or +ho ma&es a false return" or an? person +ho other+ise disobe?s or resists a la+ful process or order of the court to be punished for contempt% The contemnor ma? be imprisoned or imposed a fine% Sec% =*% 2urden of #roof and Standard of 6iligence ReAuired% 5 The parties shall establish their claims b? substantial evidence% The respondent +ho is a private individual or entit? must prove that ordinar? diligence as reAuired b? applicable la+s" rules and regulations +as observed in the performance of dut?% The respondent +ho is a public official or emplo?ee must prove that e@traordinar? diligence as reAuired b? applicable la+s" rules and regulations +as observed in the performance of dut?% The respondent public official or emplo?ee cannot invo&e the presumption that official dut? has been regularl? performed to evade responsibilit? or liabilit?% Sec% =G% :udgment% 5 The court shall render Eudgment +ithin ten ,=). da?s from the time the petition is submitted for decision% If the allegations in the petition are proven b? substantial evidence" the court shall grant the privilege of the +rit and such reliefs as ma? be proper and appropriateC other+ise" the privilege shall be denied% Sec% =<% Appeal% 5 An? part? ma? appeal from the final Eudgment or order to the Supreme Court under Rule (/% The appeal ma? raise Auestions of fact or la+ or both% The period of appeal shall be five ,/. +or&ing da?s from the date of notice of the adverse Eudgment%

The appeal shall be given the same priorit? as in habeas corpus cases% Sec% ')% Archiving and Revival of Cases% 5 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 +itnesses to appear due to threats on their lives% A periodic revie+ of the archived cases shall be made b? the amparo court that shall" motu proprio or upon motion b? an? part?" order their revival +hen read? for further proceedings% The petition shall be dismissed +ith preEudice upon failure to prosecute the case after the lapse of t+o ,'. ?ears from notice to the petitioner of the order archiving the case% The cler&s 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 +ee& of :anuar? of ever? ?ear% Sec% '=% Institution of Separate Actions% 5 This Rule shall not preclude the filing of separate criminal" civil or administrative actions%F

Sec% ''% Effect of 9iling of a Criminal Action% 5 !hen a criminal action has been commenced" no separate petition for the +rit shall be filed% The reliefs under the +rit shall be available b? motion in the criminal case% The procedure under this Rule shall govern the disposition of the reliefs available under the +rit of amparo% Sec% '-% Consolidation% 5 !hen a criminal action is filed subseAuent to the filing of a petition for the +rit" the latter shall be consolidated +ith the criminal action% !hen a criminal action and a separate civil action are filed subseAuent to a petition for a +rit of amparo" the latter shall be consolidated +ith the criminal action% After consolidation" the procedure under this Rule shall continue to appl? to the disposition of the reliefs in the petition% Sec% '(% Substantive Rights% 5 This Rule shall not diminish" increase or modif? substantive rights recogniDed and protected b? the Constitution% Sec% '/% Suppletor? Application of the Rules of Court% 5 The Rules of Court shall appl? suppletoril? insofar as it is not inconsistent +ith this Rule% Sec% '>% Applicabilit? to #ending Cases% 5 This Rule shall govern cases involving e@tralegal &illings and enforced disappearances or threats thereof pending in the trial and appellate courts% Sec% '*% Effectivit?% 5 This Rule shall ta&e effect on October '(" '))*" follo+ing its publication in three ,-. ne+spapers of general circulation%