Writ of Amparo Content of The Petition

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Writ of Amparo

Content of the Petition


Protection to Life, Liberty, Property, and Security
- The petition for a writ of amparo is a remedy available to any person whose Petitioners thru counsel, unto this Honorable Court respectfully avers that:
right to life, liberty and security is violated or threatened with violation by an
unlawful act or omission of a public official or employee, or of a private 1. Petitioners _________, Filipinos, of age, and residents of
individual or entity. The writ shall cover extralegal killings and enforced ________________;
disappearances or threats thereof. 2. Petitioners are the parents of ____________, ____ years old and
residing at the same address, in whose behalf this application is made;
Who may File? 3. Respondent ________________ is the commanding officer of
(a) Any member of the immediate family, namely: the spouse, children _____________, with official address at _______. (state if there are
and parents of the aggrieved party; other respondents)
(b) Any ascendant, descendant or collateral relative of the aggrieved 4. Our child was violated of his right to life, liberty, and security when
party within the fourth civil degree of consanguinity or affinity, in default of members of the military unit under the resopndent officer, forcibly took
those mentioned in the preceding paragraph; or him on _______.
(c) Any concerned citizen, organization, association or institution, if there 5. (state the circumstances on how the threat or violation was committed,
is no known member of the immediate family or relative of the aggrieved with the supporting affidavits)
party. The filing of a petition by the aggrieved party suspends the right of 6. (state the investigation conducted, if any, specifying the names and
all other authorized parties to file similar petitions. Likewise, the filing of personal circumstances, and addresses of the investigating authority or
the petition by an authorized party on behalf of the aggrieved party individuals, as well as the manner and conduct of the investigation,
suspends the right of all others, observing the order established herein. together with any report)
7. (state the actions and recourses taken by the petitioner to determine the
Where to File? fate or whereabouts of the aggrieved party and the identity of the person
 The petition may be filed on any day and at any time with the Regional responsible for the threat, act, or omission)
Trial Court of the place where the threat, act or omission was committed
or any of its elements occurred, or with the Sandiganbayan, the Court of WHEREFORE, it is respectfully prayed, that:
Appeals, the Supreme Court, or any justice of such courts.
 The writ shall be enforceable anywhere in the Philippines. 1. A Writ of Amparo be immediately issued
 When issued by a Regional Trial Court or any judge thereof, the writ shall 2. An Inspection Order be issued ordering the respondent to permit entry on
be returnable before such court or judge. the camp where the aggrieved party is suspected to be held, for
 When issued by the Sandiganbayan or the Court of Appeals or any of purposes of inspection.
their justices, it may be returnable before such court or any justice 3. Other reliefs just and equitable are likewise prayed for
thereof, or to any Regional Trial Court of the place where the threat, act
or omission was committed or any of its elements occurred. ______
 When issued by the Supreme Court or any of its justices, it may be _________
returnable before such Court or any justice thereof, or before the (Venue, date)
Sandiganbayan or the Court of Appeals or any of their justices, or to any (Signature)
Regional Trial Court of the place where the threat, act or omission was
committed or any of its elements occurred.
(Verification)

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