Amendment of Section 14 (a) of the Rule on the Writ of Amparo
On December 5, 2017, the Philippine Supreme Court amended Section 14(a) of the Rule on the Writ of Amparo to enhance interim relief provisions. The amendment allows courts to issue a Temporary Protection Order for petitioners or aggrieved parties and their immediate family, ensuring their safety through accredited government agencies or private institutions. The Supreme Court is responsible for accrediting these entities, while respecting the aggrieved party's choice of protection provider. If the selected provider is not accredited, the court may still allow them to offer immediate protection, provided they apply for accreditation promptly. This amendment took effect 15 days after publication in a newspaper.
Quick Answers
- What is Amendment of Section 14 (a) of the Rule on the Writ of Amparo about?
- On December 5, 2017, the Philippine Supreme Court amended Section 14(a) of the Rule on the Writ of Amparo to enhance interim relief provisions. The amendment allows courts to issue a Temporary Protection Order for petitioners or aggrieved parties and their immediate family, ensuring their safety through accredited government agencies or private institutions. The Supreme Court is responsible for accrediting these entities, while respecting the aggrieved party's choice of protection provider. If the selected provider is not accredited, the court may still allow them to offer immediate protection, provided they apply for accreditation promptly. This amendment took effect 15 days after publication in a newspaper.
- What type of law is <--!12052017-->A.M. No. 07-9-12-SC?
- Amendment of Section 14 (a) of the Rule on the Writ of Amparo (<--!12052017-->A.M. No. 07-9-12-SC) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Amendment of Section 14 (a) of the Rule on the Writ of Amparo enacted?
- Amendment of Section 14 (a) of the Rule on the Writ of Amparo (<--!12052017-->A.M. No. 07-9-12-SC) was enacted on Dec 5, 2017.
- What is the citation for Amendment of Section 14 (a) of the Rule on the Writ of Amparo?
- Amendment of Section 14 (a) of the Rule on the Writ of Amparo, <--!12052017-->A.M. No. 07-9-12-SC, Dec 5, 2017 (Philippines)
Law Information
- Reference Number
- <--!12052017-->A.M. No. 07-9-12-SC
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Resolutions
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
December 5, 2017
EN BANC
A.M. No. 07-9-12-SC
AMENDMENT OF SECTION 14 (a) OF THE RULE ON THE WRIT OF AMPARO
Section 14 (a) of the Rule on the Writ of Amparo is hereby amended to read as follows:
"SEC. 14. Interim Reliefs. — Upon filing of the petition or at anytime before final judgment, the court, justice or judge may grant any of the following reliefs:
(a) Temporary Protection Order. — The court, justice or judge, upon 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 institution capable of keeping and securing their safety. If the petitioner is an organization, association or institution referred to in Section 3(c) of this Rule, the protection may be extended to the officers involved.
The Supreme Court shall accredit the persons and private institutions that shall extend temporary protection to the petitioner or the aggrieved party and any member of the immediate family, in accordance with guidelines which it shall issue.
The personal election by the aggrieved party or by the member of the immediate family of the person or private institution that shall extend temporary protection shall be respected. Should such person or institution not be accredited in accordance with this Rule, the court hearing the petition for the writ of amparo may nonetheless allow the latter to provide immediate temporary protection subject to the undertaking that accreditation by the Supreme Court shall be applied for as soon as practicable.
The accredited persons and private institutions shall comply with the rules and conditions that may be imposed by the court, justice or judge.
xxx xxx xxx" (Amendment in bold underscoring)
The foregoing amendment shall take effect fifteen (15) days from the publication of this resolution in a newspaper of general circulation. TIADCc
(SGD.) MARIA LOURDES P.A. SERENOChief Justice
(SGD.) ANTONIO T. CARPIOSenior Associate Justice
(SGD.) PRESBITERO J. VELASCO, JR.Associate Justice
(SGD.) TERESITA J. LEONARDO-DE CASTROAssociate Justice
(SGD.) DIOSDADO M. PERALTAAssociate Justice
(On official leave)LUCAS P. BERSAMINAssociate Justice
(SGD.) MARIANO C. DEL CASTILLOAssociate Justice
(SGD.) ESTELA M. PERLAS-BERNABEAssociate Justice
(SGD.) MARVIC M.V.F. LEONENAssociate Justice
(On leave)FRANCIS H. JARDELEZAAssociate Justice
(SGD.) ALFREDO BENJAMIN S. CAGUIOAAssociate Justice
(SGD.) SAMUEL R. MARTIRESAssociate Justice
(SGD.) NOEL GIMENEZ TIJAMAssociate Justice
(SGD.) ANDRES B. REYES, JR.Associate Justice
(On leave)ALEXANDER G. GESMUNDOAssociate Justice
Published in The Philippine Daily Inquirer on January 10, 2018.
Cite This Law
Amendment of Section 14 (a) of the Rule on the Writ of Amparo, <--!12052017-->A.M. No. 07-9-12-SC, Dec 5, 2017 (Philippines)
Amendment of Section 14 (a) of the Rule on the Writ of Amparo, <--!12052017-->A.M. No. 07-9-12-SC (Phil. 2017)
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