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SC: Amparo writ not applicable when state not guilty party

Thursday, June 28, 2012

The Supreme Court (SC) clarified the legal requirements for the issuance of a writ of amparo.

In a 15-page decision by Justice Mariano del Castillo, the court en banc dismissed for  a petition for writ of amparo filed by the family of a man who had allegedly disappeared after he was mauled for committing a misdemeanor by the security people of a subdivision in Malolos, Bulacan.

The court which adopted the extraordinary writ as a legal remedy in cases of enforced disappreances and extra-legal killings pointed out that government, real or alleged is an indispensable element for the writ to be issued.

The tribunal’s decision  reversed and set aside the July 24, 2008 decision of the Malolos City Regional Trial Court, Branch 20, which had issued a writ of amparo and ordered the production of the body of Benhur Pardico before the trial court..... MORE

SourceThe Daily Tribune

URL: http://www.tribune.net.ph/index.php/nation/item/839-sc-amparo-writ-not-applicable-when-state-not-guilty-party

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