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By Jomar Canlas Reporter
THE Philippine judiciary will
finally have its first test case on baring the “fangs” of the
writ of amparo in the case of missing political activist Jonas
Joseph Burgos in the Court of Appeals (CA), according to Supreme
Court spokesman Atty. Jose Midas Marquez.
The SC has just drafted a new set
of rules concerning the invocation of the writ of amparo, as it had
promised during the Summit on Extrajudicial Killings that it called
in July.
The draft guidelines will be
submitted to an en banc session of the Court on Tuesday, September
25, for approval. They are expected to be effective by October 24,
in time for the 62nd anniversary celebration of the United Nations.
The case of the young Burgos has
already been brought by Filipino human rights activists to the
attention of the United Nations Human Rights Council (UNHRC). The
Philippines’ human rights record is up for review by the UNHRC.
Chief Justice Reynato Puno
himself said that the writ of amparo will be retroactive in
application. As a result, the Jonas Burgos case before the appellate
court is covered, and thus, can be heard again.
In the CA, the military denied
that Burgos is in their custody. They were subsequently ordered by
the appellate court to produce a military report on the alleged
arrest of Burgos. However, the military establishment has refused to
comply with this court order up to present.
In one of his earlier speeches,
Chief Justice Reynato S. Puno said that this writ will deny to the
authorities the defense of simple denial when they are sued to
produce before the courts the victims of involuntary
disappearances” and “will hold public authorities to a high
standard of official conduct, failing which they will be held
accountable to our people.”
In invoking the writ of habeas
corpus, the normal remedy is to “produce the body” of the
victim. However, relatives of missing persons who petition the court
based on the writ normally encounter a general denial by the police
or military, leading to practically a termination of the case.
Marquez said, however, that with
the writ of amparo, a general denial is not allowed, and authorities
who have taken custody of the victim will be ordered to produce
documents and will have the burden of proving that the victim is not
under their custody.
Invoking the writ of amparo means
that aside from the normal temporary restraining order allowed in
the Rules of Court, courts now have the power to issue a temporary
protection order to protect the victim against any harassment or
violence that can be done on his person.
Aside from itself, the High Court
has also empowered the Sandiganbayan, Court of Appeals and the
Regional Trial Courts to issue the writ of amparo.
Under the draft rules on the writ
of amparo, the courts could cite for contempt any party or parties
who fail to produce the petitioned person allegedly in custody or
pertinent documents.
Enlisting under the Witness
Protection Program of the Department of Justice could also protect
the victim against any sort of harassment.
With its new rules on the writ of
amparo, the court’s protection could now be invoked, aside from
the writ of habeas corpus that demands authorities to surface
persons allegedly in their custody.
Meanwhile, in a text message to
media offices, the human rights alliance Karapatan said it welcomes
the drafting of the rules on the writ of amparo and hopes that this
will not just be available, but “effective” for the victims.
It is now consulting with lawyers
on how to use the writ as legal remedy, based on the draft rules
issued by the Court.
To date, Karapatan has filed
several petitions for habeas corpus. It urges and challenge the
courts “to act decisively, swiftly, and judiciously on the matter,
and make the remedy work in the dispensation of justice.” 
With report from Nora O.
Gamolo
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