Philippine Law Journal, Vol 82, No 4 (2008)

Font Size:  Small  Medium  Large

WATCHING THE WATCHERS: A LOOK INTO THE DRAFTING OF THE WRIT OF AMPARO

Felipe Enrique M. Gozon, Jr., Theoben Jerdan C. Orosa

Abstract


“What is the writ of amparo?” What started as a pernicious question boggling the minds of bar takers during the 1991 bar examinations has blossomed into a full-pledged rule striking fear in the hearts of perpetrators of extralegal killings and enforced disappearances. But how exactly did this rule come about? What provided the impetus for its enactment? What was included in the deliberations of the Supreme Court Committee on the Revision of Rules? This Article traces the development of the Philippine writ of amparo as promulgated by the Supreme Court and critically examines it as a measure to enforce constitutional rights. It explores the Rule on the Writ of Amparo1 from behind the scenes and explains the intent of the framers who drafted the Rule. A peek into the discussions of the Justices present would show the comprehensive deliberation and the self-censorship and editing that was done to create a holistically sound and constitutionally firm Rule that prods without breaking the separation of powers.

Full Text: PDF