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In the Philippines, amparo and habeas data are prerogative writs to supplement the inefficacy of the writ of habeas corpus (Rule 102, Revised Rules of Court). Amparo means 'protection,' while habeas data is 'access to information.' [1] Both writs were conceived to solve the extensive Philippine extrajudicial killings and forced disappearances since 1999.
The Mexican amparo has inspired many and served as a model in other judicatures. In the Philippines, Chief Justice Reynato Puno noted that the model for amparo used there was borrowed from Mexico: the writ of amparo is a Mexican legal procedure to protect human rights. [3] Amparo literally means "protection" in Spanish. [4]
Other individual complaints include the writ of mandamus (USA), amparo (Spain, Mexico and Argentina), and respondeat superior (Taiwan). The habeas data writ itself has a very short history, but its origins can be traced to certain European legal mechanisms that protected individual privacy. In particular, certain German constitutional rights ...
Because of the inefficacy and insufficiency of the Philippines Writ of Habeas Corpus, on September 25, 2007, Chief Justice Reynato Puno signed and released the Writ of Amparo: "This rule will provide the victims of extralegal killings and enforced disappearances the protection they need and the promise of vindication for their rights. This rule ...
The Supreme Court approved the Writ of Amparo on September 25, 2007. [26] The writ of amparo (Spanish for protection) strips the military of the defense of simple denial. Under the writ, families of victims have the right to access information on their cases—a constitutional right called the "habeas data" common in several Latin American ...
The writ of habeas corpus may be suspended in order to prevent any violence in cases of rebellion or insurrection, as the case may be. In Philippine jurisdiction, the present 1987 Philippine Constitution, Article III, Section 15 provides that “The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or ...
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FLAG continued to handle leading human rights cases including the death penalty case of Leo Echegaray in 1999. [1] [22] FLAG also represented the Manalo brothers and won the first writ of amparo case in 2008, which was a legal writ first proposed in the Philippines by Senator Diokno in the 1980s. [23]