Amparo and Habeas Data in The Philippines - Recent Events

Recent Events

  • On September 26, 2007, human rights lawyer Jose Manuel Diokno (Free Legal Assistance Group, FLAG) stated that the writ of amparo can be invoked by journalists in stories censorship by the government concerning the anti-terrorism law (Human Security Act). Diokno, in the workshop sponsored by the Philippine Center for Investigative Journalism in Baguio City added that journalist, in the petition, can submit the censored story as annex, and it becomes a public document that can be used for publication.
  • On October 23, 2007, the Free Legal Assistance Group issued a (a 47-question-and-answer format) primer on the writ of amparo. On October 24, 2007, in a first test case, Merlinda Cadapan and Concepcion Empeno, mothers of 2 missing Philippine students filed the first petition for writ of amparo with the Supreme Court of the Philippines, to direct the military to let them search army offices for their daughters. The Court later amended the Rules by providing specifics on the period to file the return.
  • On December 3, 2007, Reynato S. Puno stated that the writ released only 3 victims (including Luisito Bustamante, Davao City), since amparo was enforced on October 24: "I would like to think that after the enactment and effectivity (of the writ), the number of extrajudicial killings and disappearances have gone down."
  • On January, 2008, 11 ABS-CBN news personnel filed the writ of amparo petition with the Supreme Court, which accordingly ordered the government to comment on the petition for protection from harassment and threats of arrest.
  • On February, 2008, 7 The Supreme Court of the Philippines issued a writ of amparo against President Gloria Macapagal-Arroyo and several other government and security officials, granting the petition filed by relatives of the key witness in the Senate investigation of the national broadband network (NBN) controversy.

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