THE RULE ON THE WRIT OF AMPARO SECTION 1. Petition.

The petition for a writ of amparo is a remedy available to any person whose right to life, liberty and sec rity is violated or threatened with violation by an nlawf l act or omission of a p blic official or employee, or of a private individ al or entity. The writ shall cover e!tralegal "illings and enforced disappearances or threats thereof. SEC. #. Who May File. The petition may be filed by the aggrieved party or by any $ alified person or entity in the following order% &a' (ny member of the immediate family, namely% the spo se, children and parents of the aggrieved party) &b' (ny ascendant, descendant or collateral relative of the aggrieved party within the fo rth civil degree of consang inity or affinity, in defa lt of those mentioned in the preceding paragraph) or &c' (ny concerned citi*en, organi*ation, association or instit tion, if there is no "nown member of the immediate family or relative of the aggrieved party. The filing of a petition by the aggrieved party s spends the right of all other a thori*ed parties to file similar petitions. +i"ewise, the filing of the petition by an a thori*ed party on behalf of the
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aggrieved party s spends the right of all others, observing the order established herein. SEC. ,. Where to File. - The petition may be filed on any day and at any time with the .egional Trial Co rt of the place where the threat, act or omission was committed or any of its elements occ rred, or with the Sandiganbayan, the Co rt of (ppeals, the S preme Co rt, or any / stice of s ch co rts. The writ shall be enforceable anywhere in the 0hilippines. 1hen iss ed by a .egional Trial Co rt or any / dge thereof, the writ shall be ret rnable before s ch co rt or / dge. 1hen iss ed by the Sandiganbayan or the Co rt of (ppeals or any of their / stices, it may be ret rnable before s ch co rt or any / stice thereof, or to any .egional Trial Co rt of the place where the threat, act or omission was committed or any of its elements occ rred. 1hen iss ed by the S preme Co rt or any of its / stices, it may be ret rnable before s ch Co rt or any / stice thereof, or before the

Sandiganbayan or the Co rt of (ppeals or any of their / stices, or to any .egional Trial Co rt of the place where the threat, act or omission was committed or any of its elements occ rred. SEC. 2. No Docket Fees. - The petitioner shall be e!empted from the payment of the doc"et and other lawf l fees when filing the petition. The co rt, / stice or / dge shall doc"et the petition and act pon it immediately.
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SEC. 3. Contents of Petition. The petition shall be signed and verified and shall allege the following% &a' The personal circ mstances of the petitioner) &b' The name and personal circ mstances of the respondent responsible for the threat, act or omission, or, if the name is n"nown or ncertain, the respondent may be described by an ass med appellation) &c' The right to life, liberty and sec rity of the aggrieved party violated or threatened with violation by an nlawf l act or omission of the respondent, and how s ch threat or violation is committed with the attendant circ mstances detailed in s pporting affidavits) &d' The investigation cond cted, if any, specifying the names, personal circ mstances, and addresses of the investigating a thority or individ als, as well as the manner and cond ct of the investigation, together with any report) &e' The actions and reco rses ta"en by the petitioner to determine the fate or whereabo ts of the aggrieved party and the identity of the person responsible for the threat, act or omission) and &f' The relief prayed for. The petition may incl de a general prayer for other / st and e$ itable reliefs.
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SEC. 4. Issuance of the Writ. 5pon the filing of the petition, the co rt, / stice or / dge shall immediately order the iss ance of the writ if on its face it o ght to iss e. The cler" of co rt shall iss e the writ nder the seal of the co rt) or in case of rgent necessity, the / stice or the / dge may iss e the writ nder his or her own hand, and may dep ti*e any officer or person to serve it. The writ shall also set the date and time for s mmary hearing of the petition which shall not be later than seven &6' days from the date of its iss ance.

SEC. 6. Penalty for Refusing to Issue or Ser e the Writ. ( cler" of co rt who ref ses to iss e the writ after its allowance, or a dep ti*ed person who ref ses to serve the same, shall be p nished by the co rt, / stice or / dge for contempt witho t pre/ dice to other disciplinary actions. SEC. 7. !o" the Writ is Ser e#. The writ shall be served pon the respondent by a / dicial officer or by a person dep ti*ed by the co rt, / stice or / dge who shall retain a copy on which to ma"e a ret rn of service. In case the writ cannot be served personally on the respondent, the r les on s bstit ted service shall apply. SEC. 8. Return$ Contents. 1ithin seventy9two &6#' ho rs after service of the writ, the respondent shall file a verified written ret rn together with s pporting affidavits which shall, among other things, contain the following%
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&a' The lawf l defenses to show that the respondent did not violate or threaten with violation the right to life, liberty and sec rity of the aggrieved party, thro gh any act or omission) &b' The steps or actions ta"en by the respondent to determine the fate or whereabo ts of the aggrieved party and the person or persons responsible for the threat, act or omission) &c' (ll relevant information in the possession of the respondent pertaining to the threat, act or omission against the aggrieved party) and &d' If the respondent is a p blic official or employee, the ret rn shall f rther state the actions that have been or will still be ta"en% &i' to verify the identity of the aggrieved party) &ii' to recover and preserve evidence related to the death or disappearance of the person identified in the petition which may aid in the prosec tion of the person or persons responsible) &iii' to identify witnesses and obtain statements from them concerning the death or disappearance) &iv' to determine the ca se, manner, location and time of death or disappearance as well as any pattern or
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practice that may have bro ght abo t the death or disappearance) &v' to identify and apprehend the person or

persons involved in the death or disappearance) and &vi' to bring the s spected offenders before a competent co rt. The ret rn shall also state other matters relevant to the investigation, its resol tion and the prosec tion of the case. ( general denial of the allegations in the petition shall not be allowed. SEC. 1:. Defenses not Plea#e# Deeme# Wai e#. % (ll defenses shall be raised in the ret rn, otherwise, they shall be deemed waived. SEC. 11. Prohi&ite# Plea#ings an# Motions. The following pleadings and motions are prohibited% &a' ;otion to dismiss) &b' ;otion for e!tension of time to file ret rn, opposition, affidavit, position paper and other pleadings) &c' <ilatory motion for postponement) &d' ;otion for a bill of partic lars)
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&e' Co nterclaim or cross9claim) &f' Third9party complaint) &g' .eply) &h' ;otion to declare respondent in defa lt) &i' Intervention) &/' ;emorand m) &"' ;otion for reconsideration of interloc tory orders or interim relief orders) and &l' 0etition for certiorari, man#amus or prohibition against any interloc tory order. SEC. 1#. 'ffect of Failure to File Return. % In case the respondent fails to file a ret rn, the co rt, / stice or / dge shall proceed to hear the petition e( parte. SEC. 1,. Summary !earing. % The hearing on the petition shall be s mmary. =owever, the co rt, / stice or / dge may call for a preliminary conference to simplify the iss es and determine the possibility of obtaining stip lations and admissions from the parties. The hearing shall be from day to day ntil completed and given the same priority as petitions for ha&eas corpus.
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SEC. 12. Interim Reliefs. % 5pon filing of the petition or at anytime before final / dgment, the co rt, / stice or / dge may grant

any of the following reliefs% &a' )emporary Protection *r#er. The co rt, / stice or / dge, pon motion or motu proprio, may order that the petitioner or the aggrieved party and any member of the immediate family be protected in a government agency or by an accredited person or private instit tion capable of "eeping and sec ring their safety. If the petitioner is an organi*ation, association or instit tion referred to in Section ,&c' of this . le, the protection may be e!tended to the officers involved. The S preme Co rt shall accredit the persons and private instit tions that shall e!tend temporary protection to the petitioner or the aggrieved party and any member of the immediate family, in accordance with g idelines which it shall iss e. The accredited persons and private instit tions shall comply with the r les and conditions that may be imposed by the co rt, / stice or / dge. &b' Inspection *r#er. > The co rt, / stice or / dge, pon verified motion and after d e hearing, may order any person in possession or control of a designated land or other property, to permit entry for the p rpose of inspecting, meas ring, s rveying, or
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photographing the property or any relevant ob/ect or operation thereon. The motion shall state in detail the place or places to be inspected. It shall be s pported by affidavits or testimonies of witnesses having personal "nowledge of the enforced disappearance or whereabo ts of the aggrieved party. If the motion is opposed on the gro nd of national sec rity or of the privileged nat re of the information, the co rt, / stice or / dge may cond ct a hearing in chambers to determine the merit of the opposition. The movant m st show that the inspection order is necessary to establish the right of the aggrieved party alleged to be threatened or violated. The inspection order shall specify the person or persons a thori*ed to ma"e the inspection and the date, time, place and manner of ma"ing the inspection and may prescribe other conditions to protect the constit tional rights of all parties. The order shall e!pire five &3' days after the date of its iss ance, nless e!tended for / stifiable reasons.

&c' Pro#uction *r#er. The co rt, / stice or / dge, pon verified motion and after d e hearing, may order any person in possession, c stody or control of any designated doc ments, papers, boo"s, acco nts, letters, photographs, ob/ects or tangible things, or
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ob/ects in digiti*ed or electronic form, which constit te or contain evidence relevant to the petition or the ret rn, to prod ce and permit their inspection, copying or photographing by or on behalf of the movant. The motion may be opposed on the gro nd of national sec rity or of the privileged nat re of the information, in which case the co rt, / stice or / dge may cond ct a hearing in chambers to determine the merit of the opposition. The co rt, / stice or / dge shall prescribe other conditions to protect the constit tional rights of all the parties. &d' Witness Protection *r#er. The co rt, / stice or / dge, pon motion or motu proprio, may refer the witnesses to the <epartment of ? stice for admission to the 1itness 0rotection, Sec rity and @enefit 0rogram, p rs ant to .ep blic (ct No. 4871. The co rt, / stice or / dge may also refer the witnesses to other government agencies, or to accredited persons or private instit tions capable of "eeping and sec ring their safety. SEC. 13. + aila&ility of Interim Reliefs to Respon#ent. 5pon verified motion of the respondent and after d e hearing, the co rt, / stice or / dge may iss e an inspection order or prod ction order nder paragraphs &b' and &c' of the preceding section.
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( motion for inspection order nder this section shall be s pported by affidavits or testimonies of witnesses having personal "nowledge of the defenses of the respondent. SEC. 14. Contempt. The co rt, / stice or / dge may order the respondent who ref ses to ma"e a ret rn, or who ma"es a false ret rn, or any person who otherwise disobeys or resists a lawf l process or order of the co rt to be p nished for contempt. The contemnor may be imprisoned or imposed a fine. SEC. 16. ,ur#en of Proof an# Stan#ar# of Diligence Re-uire#. The parties shall establish their claims by s bstantial evidence. The respondent who is a private individ al or entity m st prove that ordinary diligence as re$ ired by applicable laws, r les and reg lations was observed in the performance of d ty.

The respondent who is a p blic official or employee m st prove that e!traordinary diligence as re$ ired by applicable laws, r les and reg lations was observed in the performance of d ty. The respondent p blic official or employee cannot invo"e the pres mption that official d ty has been reg larly performed to evade responsibility or liability. SEC. 17. .u#gment. % The co rt shall render / dgment within ten &1:' days from the time the petition is s bmitted for decision. If the allegations in the petition are proven by s bstantial evidence, the
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co rt shall grant the privilege of the writ and s ch reliefs as may be proper and appropriate) otherwise, the privilege shall be denied. SEC. 18. +ppeal. - (ny party may appeal from the final / dgment or order to the S preme Co rt nder . le 23. The appeal may raise $ estions of fact or law or both. The period of appeal shall be five &3' wor"ing days from the date of notice of the adverse / dgment. The appeal shall be given the same priority as in ha&eas corpus cases. SEC. #:. +rchi ing an# Re i al of Cases. The co rt shall not dismiss the petition, b t shall archive it, if pon its determination it cannot proceed for a valid ca se s ch as the fail re of petitioner or witnesses to appear d e to threats on their lives. ( periodic review of the archived cases shall be made by the amparo co rt that shall, motu proprio or pon motion by any party, order their revival when ready for f rther proceedings. The petition shall be dismissed with pre/ dice pon fail re to prosec te the case after the lapse of two &#' years from notice to the petitioner of the order archiving the case. The cler"s of co rt shall s bmit to the Office of the Co rt (dministrator a consolidated list of archived cases nder this . le not later than the first wee" of ?an ary of every year.
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SEC. #1. Institution of Separate +ctions. % This . le shall not precl de the filing of separate criminal, civil or administrative actions. SEC. ##. 'ffect of Filing of a Criminal +ction. - 1hen a criminal action has been commenced, no separate petition for the writ shall be filed. The reliefs nder the writ shall be available by motion in the criminal case. The proced re nder this . le shall govern the disposition of

the reliefs available nder the writ of amparo. SEC. #,. Consoli#ation. 1hen a criminal action is filed s bse$ ent to the filing of a petition for the writ, the latter shall be consolidated with the criminal action. 1hen a criminal action and a separate civil action are filed s bse$ ent to a petition for a writ of amparo, the latter shall be consolidated with the criminal action. (fter consolidation, the proced re nder this . le shall contin e to apply to the disposition of the reliefs in the petition. SEC. #2. Su&stanti e Rights. % This . le shall not diminish, increase or modify s bstantive rights recogni*ed and protected by the Constit tion. SEC. #3. Suppletory +pplication of the Rules of Court. The . les of Co rt shall apply s ppletorily insofar as it is not inconsistent with this . le.
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SEC. #4. +pplica&ility to Pen#ing Cases. This . le shall govern cases involving e!tralegal "illings and enforced disappearances or threats thereof pending in the trial and appellate co rts. SEC. #6. 'ffecti ity. - This . le shall ta"e effect on October #2, #::6, following its p blication in three &,' newspapers of general circ lation.