Amendment to Sections 9 and 11 of the Rule on the Writ of Amparo

October 16, 2007

A.M. No. 07-9-12-SC

THE RULE ON THE WRIT OF AMPARO

RESOLUTION

Pursuant to the action of the Court en banc in its session held on October 16, 2007, Sections 9 and 11 of the Rule on the Writ of Amparo are hereby AMENDED to read as follows:

SECTION 9. Return; Contents. — Within FIVE (5) WORKING DAYS after service of the writ, the respondent shall file a verified written return together with supporting affidavits which shall, among other things, contain the following:

(a) The lawful defenses to show that the respondent did not violate or threaten with violation the right to life, liberty and security of the aggrieved party, through any act or omission;

(b) The steps or actions taken by the respondent to determine the fate or whereabouts of the aggrieved party and the person or persons responsible for the threat, act or omission;

(c) All 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 public official or employee, the return shall further state the actions that have been or will still be taken:

(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 prosecution of the person or persons responsible;

(iii) to identify witnesses and obtain statements from them concerning the death or disappearance;

(iv) to determine the cause, manner, location and time of death or disappearance as well as any pattern or practice that may have brought about the death or disappearance;

(v) to identify and apprehend the person or persons involved in the death or disappearance; and

(vi) to bring the suspected offenders before a competent court.

THE PERIOD TO FILE A RETURN CANNOT BE EXTENDED EXCEPT ON HIGHLY MERITORIOUS GROUND.

The return shall also state other matters relevant to the investigation, its resolution and the prosecution of the case.

A general denial of the allegations in the petition shall not be allowed.

SECTION 11. Prohibited Pleadings and Motions. — The following pleadings and motions are prohibited:

(a)  Motion to dismiss;

(b) Motion for extension of time to file opposition, affidavit, position paper and other pleadings;

(c) Dilatory motion for postponement;

(d) Motion for a bill of particulars;

(e) Counterclaim or cross-claim;

(f) Third-party complaint;

(g) Reply;

(h) Motion to declare respondent in default;

(i) Intervention;

(j) Memorandum;

(k) Motion for reconsideration of interlocutory orders or interim relief orders; and

(l) Petition for certiorari, mandamus or prohibition against any interlocutory order.

The amendments to the Rule shall take effect on October 24, 2007 following its publication in three (3) newspapers of general circulation.

October 16, 2007.

 

(SGD.) REYNATO S. PUNO

Chief Justice

(SGD.) LEONARDO A. QUISUMBING

Associate Justice

(SGD.) CONSUELO YNARES-SANTIAGO

Associate Justice

(SGD.) ANGELINA SANDOVAL-GUTIERREZ

Associate Justice

(SGD.) ANTONIO T. CARPIO

Associate Justice

(SGD.) MA. ALICIA AUSTRIA-MARTINEZ

Associate Justice

(SGD.) RENATO C. CORONA

Associate Justice

(SGD.) CONCHITA CARPIO-MORALES

Associate Justice

(SGD.) ADOLFO S. AZCUNA

Associate Justice

(SGD.) DANTE O. TINGA

Associate Justice

(SGD.) MINITA V. CHICO-NAZARIO

Associate Justice

(SGD.) CANCIO C. GARCIA

Associate Justice

(SGD.) ANTONIO EDUARDO B. NACHURA

Associate Justice

(SGD.) PRESBITERO J. VELASCO, JR.

Associate Justice

(SGD.) RUBEN T. REYES

Associate Justice

 

Published in The Philippine Star on October 20, 2007