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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]
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 use of the legislative writ of Apmaro increased significantly during the life span of the 1857 constitution, for example in 1869 only 123 suits were decided, in 1880, only a little more than a decade later, the number of cases had risen to 2,108, and in a three-month period from June 1901 to August 1901 there were 957 amparo suits heard and ...
On March 31, 1841, a new constitution of Yucatán was enacted, which established innovations such as freedom of worship, freedom of the press and the constitutional and legal bases of the Writ of Amparo. On October 1, 1841, the Chamber of Deputies of Yucatán issued the Act of Independence of the Yucatán Peninsula.
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.
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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.