Writ of Habeas Corpus and Amparo-Philippines

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Writ of Habeas Corpus and Amparo-Philippines

  1. 1. Writ of Habeas Corpus Writ of Amparo
  2. 2. Art. III Sec. 15 The Privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it.
  3. 3. Writ of Habeas Corpus - An order issued by a court to a person detaining another, to produce the body of the prisoner at a certain time and place, and to show sufficient cause for holding in custody the individual.- Habeas Corpus: “to bring the body”
  4. 4. Writ of Habeas Corpus (cont.)Principal purpose: To set the individual atliberty.Privilege of the writ- further order from thecourt to release an individual if it finds hisdetention without legal cause or authority.
  5. 5. Suspension of the privilege of the writ• May be suspended by the President in case of: -invasion -rebellion -when the public safety requires it.• The suspension in effect, allows arrests and seizures without warrants issued by the courts.
  6. 6. Writ of Amparo• Amparo: “protection”• Can be invoked when the right to life, liberty or security of a person is violated or threatened with violation by an unlawful act of a public official or employee or of a private individual or entity.
  7. 7. Writ of Amparo (cont.)• Prohibits respondents from using the defense of simple denial.• Evidence or documents are needed to support claims that they did not violate the rights to life, liberty or security of the aggrieved party.• The court may issue any of the following: • Temporary protection order • Inspection order • Production order • Witness protection order

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