Petition for a writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ shall cover extralegal killings and enforced disappearances or threats thereof.

Who may file:1. Aggrieved Party2. Any qualified personsa. any member of the immediate familyb. any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil degree of consanguinity or affinity, if default of (a)c. any concerned citizen, organization, association or institution, if there is no known member of the immediate family or relative of the aggrieved party.

Where to file:1. RTC of the place where threat, act or omission was committed or any of its elements occurred;2. Sandiganbayan;3. Court of Appeals; or4. Supreme Court.

When writ is issued: Upon filing of the petition if on its face, the court, justice or judge ought to issue.

Contents of Petition:1. Personal circumstances of the petitioner;2. Name and personal circumstances of the respondent responsible for the threat, act or omission, or, if the name is unknown or uncertain, the respondent may be described by an assumed appellation;3. The right to life, liberty and security of the aggrieved party violated or threatened with violation by an unlawful act or omission of the respondent, and how such threat or violation is committed with the attendant circumstances detailed in supporting affidavits;4. The investigation conducted, if any, specifying the names, personal circumstances and addresses of the investigating authority or individuals, as well as the manner and conduct of the investigation, together with any report;5. The action and recourses taken by the petitioner to determine the fate or whereabouts of the aggrieved party and the identity of the person responsible for the threat, act or omission; and6. Relief prayed for.*petition may also include general prayer for other just and equitable relief

Return of the Writ: Respondent is required within 72 hours after service of the writ to file a verified written return together with supporting affidavits, which shall, among others, contain the following:a. Lawful defences to show that did not violate or threaten with violation the right to life, liberty or security of another;b. The steps or actions taken by respondent to determine the fate or whereabouts of the aggrieved party and the person/s responsible for the threat, act or omission;c. All relevant information in the possession of the respondent pertaining to the threat, act or omission;d. If the respondent is a public official or employee, return shall further state the actions that have been or will still be taken: To verify the identity of the aggrieved party; To recover and preserve evidence related to the death or disappearance of the person identified in the petition which may aid in the prosecution of the person/s responsible; To identify witnesses and obtain statements from them concerning the death or disappearance; To determine the cause, manner, location and time of death or disappearance as well as the pattern or practice that may have been brought about the death or disappearance; To identify and apprehend the person/s involved in the death or disappearance; and To bring the suspected offenders before a competent court. Nature of the hearing on the petition: Summary. However, court, justice or judge may call for a preliminary conference to simplify the issues and determine the possibility of obtaining stipulations and admission from the parties.

Interim Reliefs reliefs that may be granted by the court, justice or judge upon filing of petition or before final judgment1. Temporary Protection Order An order upon motion or motu propio for the protection in a government agency or accredited person or private institution capable of keeping and securing the safety of petitioner or aggrieved party and any member of the immediate family2. Inspection Order An order to any person in possession or control of a designated land or other property to permit entry for the purpose of inspecting, measuring, surveying or photographing the property or any relevant object or operation therein.3. Production Order An order to any person in possession, custody or control of any designated documents, papers, books, accounts, letters, photographs, objects or tangible things or objects in digitized or electronic form, which constitute or contain evidence relevant to the petition or the return, to produce and permit their inspection, copying, photographing by or on behalf of the movant.4. Witness Protection Order The court, justice or judge may refer the witnesses to the Department of Justice for admission to the Witness Protection, Security and Benefit Program.

Judgment must be rendered within 10 days from the time the petition is submitted for decision.

Reference: A.M. No. 07-9-12-SCBasis of the Rule on Writ of Amparo: Sec. 5(5) of the 1987 Constitution"Amparo" which originated in the political experience of Latin American countries, is derived from"amparar"which means "to protect." As envisioned by our own Supreme Court, the writ ofamparocan be availed of "as protective tool and remedy for the greater protection of the constitutional rights of the victims". Human rights groups welcomed the advent ofamparowhich they perceived as "additional deterrence" to abuses committed by the military and police.

In recent years, we have witnessed the emergence of rampant unsolved killings of leftist leaders and members of progressive mass-based organizations, reminiscent of the martial law regime. Human rights violations have escalated to such an alarming scale that even the United Nations Commission on Human Rights, as well as other foreign groups, took notice. Following a consultative summit and acting upon the recommendations from various sectors and stakeholders in the justice system to tap the Philippine judiciary's expanded rule-making power under the1987 Constitution, the Supreme Court promulgated theRule on the Writ of Amparoon September 25, 2007 (A.M. No. 07-9-12-SC). The writ specifically covers extralegal killing and enforced disappearances.