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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]
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.
Philippine habeas corpus cases are cases decided by the Supreme Court of the Philippines, which invoke the writ of habeas corpus. 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.
The Supreme Court approved the Writ of Amparo on September 25, 2007. [28] 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 ...
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."
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]
The Constitution of the Philippines (Filipino: Saligang Batas ng Pilipinas or Konstitusyon ng Pilipinas) is the supreme law of the Philippines. Its final draft was completed by the Constitutional Commission on October 12, 1986, and ratified by a nationwide plebiscite on February 2, 1987. The Constitution remains unamended to this day.