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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.
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.
In 1946, Congress amended the Federal Rules of Civil Procedure and specifically abolished the writ of coram nobis in federal civil cases.Prior to enactment of these amendments, Congress reviewed all relief previously provided for civil cases through the writ of coram nobis and adopted those avenues of relief into the rules; therefore, eliminating the need for the writ in federal civil cases. [25]
It is a writ that sends a case from an appellate court to a lower court with an order to proceed to judgment. The writ of procedendo is merely an order from a court of superior jurisdiction to one of inferior jurisdiction to proceed to judgment. It does not in any case attempt to control the inferior court as to what that judgment should be. [1]
In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review.
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 Supreme Court (SC) of the Philippines granted the writ and ordered the police to turn over documents relating to their investigations on the drug war. [58] In the same month, the Free Legal Assistance Group (FLAG), on behalf of families and a survivor of an alleged execution by local police, filed for a writ of amparo before the SC. [58]
Error, writ of, a commission to judges of the superior court to examine the record upon which a judgment was given in an inferior court. Jenk Rep 25. [14] Estrepement [3] Excommunicato deliberando, a writ to the sheriff for the delivery of an excommunicate person out of prison upon certificate of his conformity to the jurisdiction ...