SC adopts writ of Amparo rules

October 22, 2007  --  Got something to say?
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Families of victims of enforced disappearances will now have a legal remedy more effective than the writ of habeas corpus to track down their missing kin.
The Supreme Court has approved the rules on the writ of amparo, which take effect on Oct. 24. Midas Marquez, SC spokesman, said unlike in habeas corpus, a respondent in amparo will not be allowed to deny that the person sought to be produced is not in his custody. Instead the respondent will be required to give a full explanation in a detailed return within 72 hours. In the petition for a writ of habeas corpus, once the respondents deny that they have the missing person in custody, then the writ becomes ineffectual, he said.

In amparo, general denials are not allowed. Even if that particular missing person is not in the custody of the respondent, the writ of amparo may still be issued. The rules state that respondents should not just issue a general denial. They should also state in their return the steps or actions taken to determine the fate or whereabouts of the missing person and the person or persons responsible for the act. Marquez said the writ shall govern cases involving extralegal killings and enforced disappearances or threats pending in the trial and appellate courts.”


Posted by News Team | Filed Under Philippine News 

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