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A Writ of Kalikasan is a legal remedy under Philippine law that provides protection of one's constitutional right to a healthy environment, as outlined in Section 16, Article II of the Philippine Constitution, which states that the "state shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature."
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.
Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s /; Latin for "you [shall] have the body") is a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. In the Bill of Rights of the Philippine constitution, habeas corpus is guaranteed in terms almost identically to those used in the U.S. Constitution.
The writ is comparable to the writ of amparo and the writ of habeas corpus. [79] In contrast, this writ protects one's right for a healthy environment rather than constitutional rights. [80] The Writ of Kalikasan originated in the Philippines, whereas the two aforementioned writs have roots in European and Latin American law. [79]
The judiciary of the Philippines consists of the Supreme Court, which is established in the Constitution, and three levels of lower courts, which are established through law by the Congress of the Philippines. The Supreme Court has expansive powers, able to overrule political and administrative decisions, and with the ability to craft rules and ...
The Supreme Court, through Chief Justice Roberto Concepcion, ruled that the suspension of the privilege of the writ of habeas corpus was proper for having factual and legal basis clearly provided forth by the government. But the Supreme Court, reversing the Barcelon and Montenegro cases, declared that the Judiciary has the authority to inquire ...
The government of the Philippines (Filipino: Pamahalaan ng Pilipinas) has three interdependent branches: the legislative, executive, and judicial branches.The Philippines is governed as a unitary state under a presidential representative and democratic constitutional republic in which the president functions as both the head of state and the head of government of the country within a pluriform ...
[6] According to Oposa, the case should be called Oposa with Factoran because his friend Kuya Jun Factoran, a human rights lawyer, actually encouraged to sue the government using his name as the Secretary of the Department of Environment and Natural Resources, and to include the dozens of children as real-parties-in-interest, while it was the ...