Human Rights

Human Rights
Violations
Basic foundation and concept of human rights

• Human rights are moral principles or norms that describe

certain standards of human behavior and are regularly
protected as natural and legal rights in municipal and
international law.
• They are commonly understood as inalienable,
fundamental rights "to which a person is inherently
entitled simply because he or she is a human being" and
which are "inherent in all human beings", regardless of
their nation, location, language, religion, ethnic origin, or
any other status.
Basic foundation and concept of human rights

• They are applicable everywhere and at every time in the

sense of being universal, and they are egalitarian in the
sense of being the same for everyone. They are regarded
as requiring empathy and the rule of law and imposing an
obligation on persons to respect the human rights of
others, and it is generally considered that they should not
be taken away except as a result of due process based
on specific circumstances; for example, human rights may
include freedom from unlawful imprisonment, torture, and
execution
The United Nations Standard Minimum Rules for the
Treatment of Prisoners

The Nelson Mandela rules

United Nations Standard Minimum Rules for the
Treatment of Prisoners (the Nelson Mandela Rules)

• The rules are not intended to describe in detail a model

system of penal institutions. They seek only, on the basis
of the general consensus of contemporary thought and
the essential elements of the most adequate systems of
today, to set out what is generally accepted as being good
principles and practice in the treatment of prisoners and
prison management.
Nelson Mandela Rules

Basic principles:
– Prisoners must be treated with respect for their inherent dignity
and value as human beings.
– Torture or other ill-treatment is prohibited.
– Prisoners should be treated according to their needs, without
discrimination.
– The purpose of prison is to protect society and reduce
reoffending.
– The safety of prisoners, staff, service providers and visitors at
all times is paramount.
Admission to prison

• Allocation
– The Rules require prisoners to be housed close to their
home to facilitate social rehabilitation.
• Registration
– Information that should be collected and entered into the
prisoner file now includes, for example, names and location of
family, and any visible injuries or complaints about prior ill-
treatment.
Admission to prison

• Information
– When prisoners arrive, they must be given information about
the prison regime, including prison rules and how to access
legal advice – in a language and manner they understand.
• Prisoners’ property
– The prison must place any property belonging to the prisoners
(that they are not allowed to keep with them) in safe custody,
alongside a signed inventory. Any property should be returned
to them in good condition on their release.
Admission to prison

• Medical screening
– A healthcare professional must examine every prisoner as soon
as possible after arrival. The Rules provide that this initial
examination should not only assess healthcare needs and give
treatment but also identify any psychological or other stress
and any signs of ill-treatment, which should be documented
and reported to the competent authority.
Classification and accommodating special needs
• Categorisation
– Certain groups of prisoners must be housed separately as a means
of protection and to facilitate adequate individual treatment. This
applies to men and women, pre-trial and convicted prisoners,
children and adults.
• Classification
– An individual assessment is important to identify any risks prisoners
may pose to themselves, to staff or to other prisoners, but also any
risks they might be exposed to, specific needs they have and
rehabilitation measures that should be taken. Classification systems
should be flexible in order to support individualisation of treatment.
Classification and accommodating special needs

• Special needs
– Prisons must make adjustments to accommodate prisoners
with physical, mental or other disabilities in order to ensure
access to services and programmes on an equitable basis.
Measures to address specific needs must not be considered
discriminatory.
Prison staff

• Safety
– The safety of prison staff must be ensured at all times.
• Employment
– Prison staff should be appointed on a full-time basis and should
have civil service status with security of tenure, subject only to
good conduct, efficiency and physical fitness. To support prison
staff in their job, prisons should employ an adequate number of
specialists, including psychiatrists, psychologists, social
workers and teachers.
Prison staff

• Remuneration
– Salaries must be adequate to attract suitable prison staff and
the employment benefits and working conditions must be
favourable in view of the demanding nature of the work.
• Recruitment
– As prison management is a difficult task, careful selection of
prison staff is required because professional prisons depend on
their integrity, humanity, professional capacity and personal
suitability. Only female staff should supervise women prisoners.
Prison staff

• Training
– To enable them to professionally fulfil their duties, prison staff
need continuous training opportunities. Such training should
reflect evidence-based best practice, must be provided before
and during their employment, and should include the use of
force, working with certain categories of prisoners, and the
concept of dynamic security. A dynamic security approach
combines positive staff-prisoner relationships with fair treatment
and purposeful activities for prisoners that contribute to their
future reintegration into society.
Prison staff

• Management
– The Rules describe the duties of prison directors and the
qualifications they should hold.
Files and records

• A prisoner file management system has always been

required as a vital tool for the effective running of any
prison. The revised Rules now recognise that the system
may be electronic and also give further guidance on what
files should include, who has access to them, and how
data should be used.
Files and records

• System
– A standardised prisoner file management system must be in
place. Whether an electronic database or paper-based system,
a secure audit trail is critical for preventing unauthorised access
to or modification of any files. Data should be analysed to
identify occupancy rates and trends
Files and records

• Information
– Each file should include information on a whole range of issues
affecting a prisoner, including their personal data, date of
release and/or transfer, the status of their legal case,
classification reports, disciplinary sanctions and complaints
made. Individual medical files should also be kept, separately
and confidentially, and be accessible to the prisoner.
Accommodating prisoners

• Hygiene [Rules 15, 16, 18-21]

– Every prison must have clean bathroom facilities in the
interests of dignity and hygiene. Access to water, toilet items
(including sanitary towels for women), adequate clothing and
bedding must also be provided.
– [See also UN Bangkok Rules "The United Nations Rules for the
Treatment of Women Prisoners and Non-custodial Measures
for Women Offenders”)]
Accommodating prisoners

• Food and water [Rules 22, 35, 42, 43]

– Prisoners must be provided with nutritious food of wholesome
quality and also drinking water whenever they need it. Food
and water cannot be restricted as a disciplinary sanction and
must be provided without exception.
Accommodating prisoners

• Sleeping [Rules 12-14, 42, 113]

– If accommodation is cell based, only one prisoner should be
housed in each cell, and where there are dormitories, careful
selection procedures must be used to decide on who is housed
together. Pre-trial detainees should be housed in single cells.
Proper heating and ventilation, air, light and minimum floor
space must be provided, without exception.
Accommodating prisoners

• Children [Rules 28, 29]

– The decision on whether children are accommodated in prison

with their parent should be based on the best interests of the
child. Provision needs to be made for pre- and post-natal care,
childcare facilities and healthcare services for children. Children
housed in prison must never be treated as prisoners.
– [See also UN Bangkok Rules "The United Nations Rules for the
Treatment of Women Prisoners and Non-custodial Measures
for Women Offenders”)]
Discipline and sanctions

• Information [Rules 54, 55]

– The Rules recognise that understanding rights and obligations

is key for day-to-day prison management. Promptly upon
arrival, prisoners need to be given information about prison
regulations, their rights and obligations, disciplinary sanctions
and how to access legal advice (including legal aid). This
information must be provided in an understandable language
and format.
Discipline and sanctions

• Searches [Rules 50-53, 60]

– Procedures for searches must be laid down in law or

regulations and any decision on whether to conduct a search
should consider whether it is necessary and proportionate.
Search procedures must respect the dignity and privacy of the
prisoner, and not be used to harass or intimidate. Invasive body
searches should be the last resort, and the findings of searches
need to be recorded. Searches of visitors, at a minimum, must
be subject to the same safeguards as searches of prisoners
and take account of their status as non-prisoners.
Discipline and sanctions

• Solitary confinement [Rules 43-46]

– Given its devastating effect on physical and mental health, the

Rules stipulate that solitary confinement should only be used in
exceptional cases, as a last resort, for as short a time as
possible, after authorisation by a competent authority, and
subject to independent review. Indefinite and prolonged solitary
confinement (of more than 15 days) is prohibited entirely. For
some groups, eg. pregnant or breast-feeding women, any use
of solitary confinement is prohibited.
Discipline and sanctions

– The Rules define solitary confinement as confinement for

more than 22 hours per day without meaningful human contact.
Interpretation of ‘meaningful human contact’ should recognise
the suffering that any person will experience if isolated from
and deprived of contact with other human beings.
– [See also UN Bangkok Rules: "The United Nations Rules for
the Treatment of Women Prisoners and Non-custodial
Measures for Women Offenders” and UN Havana Rules:
“United Nations Rules for the Protection of Juveniles Deprived
of their Liberty” ]
Discipline and sanctions

• Disciplinary offenses [Rules 36-43]

– The Rules outline procedures and safeguards that should be in place to

respond to allegations of a disciplinary offense. Laws or regulations
must clearly define what constitutes a disciplinary offence, any sanction
must be proportionate to the act, and prisoners must have the
opportunity to defend themselves. The application of disciplinary
sanctions must be recorded. The use of alternative dispute resolution
mechanisms is encouraged to prevent disciplinary offenses and resolve
conflicts. When the interests of justice require, particularly in cases
involving serious disciplinary charges, prisoners must be able to defend
themselves in person, or through legal assistance.
Discipline and sanctions

• Use of restraints [Rules 43, 47-49]

– Instruments of restraint that are inherently degrading or painful

are prohibited. The use of any other instrument is subject to
strict conditions: their use is only legitimate if no lesser form of
controlling an actual risk is available and they must be removed
as soon as possible. Restraints should be removed when a
prisoner appears in court, and must never be used on women
during labour, during childbirth or immediately after.
Discipline and sanctions

• Use of force [Rule 82]

– Except in cases of self-defense or attempted escape, staff

should not use force on prisoners. Any use of force must not
exceed what is strictly necessary, and should subsequently be
reported. Only in exceptional circumstances should prison staff
be armed. UN standards also require strict regulations on the
use of force and that arbitrary or abuse of the use of force be
punishable as a criminal offence. [See also UN Basic Principles
on the Use of Force and Firearms by Law Enforcement
Officials]
Contact with the outside world

• Family and friends [Rules 43, 58-60, 68, 70]

– Prisoners are allowed to receive visits and to contact their
family and friends through other means such as by phone or
letters. Visiting restrictions must not be used as a disciplinary
measure, particularly for women prisoners and their children.

– Prisoners have the right to inform friends or family about their

imprisonment, transfer and of serious illness or injury. If a near
relative or spouse/partner falls seriously ill or dies, the prisoner
should be authorised to visit or attend the funeral. Conjugal
visiting rights should apply
Contact with the outside world

• Legal representatives [Rules 41, 53, 61, 119, 120]

– Prisoners must be given adequate opportunity, time and
confidential facilities to meet with their lawyer. They should
have access to effective legal aid, in accordance with
international standards.
– Prisoners are allowed to have access to and keep their legal
documents, so they are able to effectively participate in legal
proceedings. [See also UN Principles and Guidelines on Legal
Aid in Criminal Justice Systems]
Contact with the outside world

• Embassies [Rule 62]

– Foreign nationals must have the opportunity to get in touch with

their consular representatives. This Rule recognises their
specific situation which can include an inability to communicate
in the common language of the prison, lack of information and
knowledge of the legal system, and difficulties in contacting
family members.
Day-to-day activities

• Rehabilitation/resocialisation programmes* [Rules 4, 88,

89, 91-94, 96-108]

– Prisons should offer education, vocational training, work, and

any other assistance needed for the purpose of rehabilitation /
resocialisation and reintegration. This reflects the primary
purpose of imprisonment to protect society and reduce
recidivism. To be successful, such programmes should be
individualised. Prisons should recognise the key role staff play
in the rehabilitation of prisoners.
Day-to-day activities

• Work [Rules 40, 96-103]

– Servitude, slavery or requiring prisoners to work for the

personal or private benefit of any prison staff is prohibited. Any
work should be useful for a prisoner’s job prospects after
release or be remunerated, and take place in safe and legal
conditions. Prisoners must not be employed in a disciplinary
capacity.
Day-to-day activities

• Meaningful activities [Rules 4, 23, 64-66, 105]

– Providing meaningful activities supports prison management as

well as the mental health and rehabilitation of prisoners.
Opportunities for sport should be provided and at least one
hour per day of outdoor exercise permitted. A prison library
must be available and prisoners should be allowed to practise
their religion.
Day-to-day activities

• Education [Rule 104]

– As education plays an important role in preventing recidivism,

learning opportunities should be provided to prisoners. Classes
offered should be of the same level as the community
education system and available to all prisoners. For illiterate or
young prisoners, education is compulsory
Physical and mental health

• Access to healthcare [Rules 24-29, 31]

– As the state bears responsibility for those it deprives of their

liberty, healthcare must be provided in prison and offered at the
same level of care as in the community. In line with good
practice, prison healthcare should be organised in close
cooperation with community health services, including to
ensure continuity of care. The Rules elaborate on what prison
healthcare services should consist of, including for any children
housed in prison with their parent.
Physical and mental health

• Role of healthcare staff [Rules 25, 30-34]

– The role of healthcare professionals in prison must be clearly separate

from that of the prison administration. The same ethical and professional
standards apply to prison healthcare staff as those outside prison. Their
role in prison is to evaluate, promote and treat the physical and mental
health of their patients - prisoners. This includes treatment and care for
infectious diseases, substance dependencies, mental health and dental
care. Healthcare staff must not be involved in prison management issues,
such as disciplinary measures, and their clinical decisions must not to be
overruled or ignored by non-medical prison staff. Prison healthcare staff
have a duty to report any signs of torture or other inhuman treatment.
Physical and mental health

• Prisoners as patients [Rules 26, 32]

– When prisoners see a doctor they are patients just like they
would be in the community. Patients must give their informed
consent to any medical interventions and examinations, and
their medical records are confidential. The protection of staff
and other prisoners from infectious diseases, for example, can
be achieved by only disclosing the information necessary so
the required measures can be taken whilst still upholding
medical confidentiality.
Physical and mental health

• Advice on health [Rule 35]

– The competent public health body should regularly inspect and

advise the prison director on a variety of issues impacting on
the health and well-being of prisoners - as well as prison staff.
This includes food, hygiene of the institution and of prisoners,
sanitation, temperature, lighting and ventilation, and other
conditions.
Inspections and investigations

• Inspections [Rules 83-85]

– In recognition that inspections are an integral part of any

professional and transparent prison system, the Rules require a
two-fold system to be put in place that includes internal
monitoring by the central prison administration as well as
external, independent monitoring. The purpose of such
monitoring is to ensure that prisons are managed in
accordance with the laws and regulations, and for the
protection of the rights of prisoners. The Rules list the authority
inspectors should have and clarify the reporting and follow-up
• Investigations [Rules 57, 71]

– Prisons must report any death in custody, disappearance, serious

injury and if they have reasonable grounds to believe that torture
or inhuman treatment may have occurred, irrespective of a formal
complaint. Reporting should be to an independent authority that is
mandated to conduct an investigation.
– Prison management and staff must fully cooperate with such
investigations and ensure that all evidence is preserved.
Implicated persons must not have any involvement in the
investigation
Transfer and transport

• Transfer and transport [Rules 26(2), 73]

– Prisoners should be transported in adequate conditions, and

should be exposed to public view as little as possible. If a
prisoner is moved to another prison, their medical files should
also be transferred.
Release from prison

• Property [Rule 67]

– Any property or money taken from a prisoner on admission

must be returned to them on release, and should have been
kept in good condition. The prisoner should sign a receipt for
property returned.
Release from prison

• Reintegration [Rules 88, 90]

• Opportunities to reintegrate prisoners into the community gradually,

such as pre-release schemes or open prisons, should be used.
Aftercare services should be provided.
Bill of Rights (Article III of the Constitution)

• No person shall be deprived of life, liberty, or property without due

process of law, nor shall any person be denied the equal
protection of the laws. (Sec. 1)
• The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures
of whatever nature and for any purpose shall be inviolable, and no
search warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place
to be searched and the persons or things to be seized. (Sec. 2)
Bill of Rights (Article III of the Constitution)

• Free access to the courts and quasi-judicial bodies and

adequate legal assistance shall not be denied to any
person by reason of poverty. (Sec. 11)

1) Any person under investigation for the commission of an

offense shall have the right to be informed of his right to
remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot
afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the
presence of counsel. [Sec. 12 (1)]
Bill of Rights (Article III of the Constitution)

• No torture, force, violence, threat, intimidation, or any

other means which vitiate the free will shall be used
against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are
prohibited. [Sec. 12 (3)]

• Any confession or admission obtained in violation of this

or Section 17 hereof shall be inadmissible in evidence
against him. [Sec. 12 (3)]
Bill of Rights (Article III of the Constitution)

• The law shall provide for penal and civil sanctions for
violations of this Section as well as compensation to the
rehabilitation of victims of torture or similar practices, and
their families. [Sec. 12 (4)]
Bill of Rights (Article III of the Constitution)

• All persons, except those charged with offenses

punishable by reclusion perpetua when evidence of guilt
is strong, shall, before conviction, be bailable by sufficient
sureties, or be released on recognizance as may be
provided by law. The right to bail shall not be impaired
even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required. (Sec.
13 )
Bill of Rights (Article III of the Constitution)
• No person shall be held to answer for a criminal offense without due
process of law. [Sec. 14 (1)]

• In all criminal prosecutions, the accused shall be presumed innocent until

the contrary is proved, and shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the accusation against
him, to have a speedy, impartial, and public trial, to meet the witnesses
face to face, and to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding the absence of the
accused: Provided, that he has been duly notified and his failure to appear
is unjustifiable. [Sec. 14 (2)]
Bill of Rights (Article III of the Constitution)

• The privilege of the writ of habeas corpus shall not be

suspended except in cases of invasion or rebellion, when
the public safety requires it. (Sec. 15)
• All persons shall have the right to a speedy disposition of
their cases before all judicial, quasi-judicial, or
administrative bodies. (Sec. 16)
• No person shall be compelled to be a witness against
himself. (Sec. 17)
Bill of Rights (Article III of the Constitution)

• No person shall be detained solely by reason of his

political beliefs and aspirations. [Sec. 18 (1)]

• No involuntary servitude in any form shall exist except as

a punishment for a crime whereof the party shall have
been duly convicted. [Sec. 18 (2)]
Bill of Rights (Article III of the Constitution)

• Excessive fines shall not be imposed, nor cruel, degrading or

inhuman punishment inflicted. Neither shall death penalty be
imposed, unless, for compelling reasons involving heinous crimes,
the Congress hereafter provides for it. Any death penalty already
imposed shall be reduced to reclusion perpetua. [Sec. 19 (1)]

• The employment of physical, psychological, or degrading

punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman
conditions shall be dealt with by law. [Sec. 19 (2)]
Bill of Rights (Article III of the Constitution)

• No person shall be twice put in jeopardy of punishment

for the same offense. If an act is punished by a law and
an ordinance, conviction or acquittal under either shall
constitute a bar to another prosecution for the same act.
(Sec. 21)
• No ex post facto law or bill of attainder shall be enacted.
(Sec. 22)
 Republic Act No. 7438

AN ACT DEFINING CERTAIN RIGHTS

OF PERSON ARRESTED,
DETAINED OR UNDER CUSTODIAL INVESTIGATION AS
WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND
INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF
Republic Act No. 7438
• Any person arrested detained or under custodial investigation shall at
all times be assisted by counsel. [Sec. 2 (a)]
• Any public officer or employee, or anyone acting under his order or his
place, who arrests, detains or investigates any person for the
commission of an offense shall inform the latter, in a language
known to and understood by him, of his rights to remain silent and to
have competent and independent counsel, preferably of his own
choice, who shall at all times be allowed to confer privately with
the person arrested, detained or under custodial investigation. If
such person cannot afford the services of his own counsel, he must be
provided with a competent and independent counsel by the
investigating officer. [Sec. 2 (b)]
Republic Act No. 7438

• The custodial investigation report shall be reduced to writing by

the investigating officer, provided that before such report is
signed, or thumbmarked if the person arrested or detained does
not know how to read and write, it shall be read and adequately
explained to him by his counsel or by the assisting counsel
provided by the investigating officer in the language or dialect
known to such arrested or detained person, otherwise, such
investigation report shall be null and void and of no effect
whatsoever. [Sec. 2 (c)]
Republic Act No. 7438

• Any extrajudicial confession made by a person arrested,

detained or under custodial investigation shall be in writing and
signed by such person in the presence of his counsel or in the
latter's absence, upon a valid waiver, and in the presence of any
of the parents, elder brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school supervisor, or
priest or minister of the gospel as chosen by him; otherwise, such
extrajudicial confession shall be inadmissible as evidence in any
proceeding. [Sec. 2 (d)]
Republic Act No. 7438
• Any person arrested or detained or under custodial investigation shall be
allowed visits
by or conferences with any member of his
immediate family, or any medical doctor or priest or religious minister
chosen by him or by any member of his immediate family or by his counsel,
or by any national non-governmental organization duly accredited by the
Commission on Human Rights of by any international non-governmental
organization duly accredited by the Office of the President. The person's
"immediate family" shall include his or her spouse, fiancé or
fiancée, parent or child, brother or sister, grandparent or
grandchild, uncle or aunt, nephew or niece, and guardian or ward.
[Sec. 2 (e)]
• "Custodial investigation" shall include the practice
of issuing an "invitation" to a person who is investigated in
connection with an offense he is suspected to have
committed, without prejudice to the liability of the "inviting"
officer for any violation of law.
THREE (3) PREROGATIVE WRITS

1) Writ of Habeas Corpus (Rule 102, Revised Rules of Court)

2) Writ of Amparo (A.M. No. 07-9-12-SC, September 25, 2007)

3) Writ of Habea Data (A. M. No. 08-1-16-SC, January 22, 2008)

PREROGATIVE WRITS

• In the Philippines, Amparo and Habeas data are

prerogative writs to supplement the inefficacy of the Writ
of Habeas Corpus. Amparo means 'protection,' while
habeas data is 'access to information. Both writs were
conceived to solve the extensive Philippine extrajudicial
killings and forced disappearances since 1999.
Writ of Habeas Corpus

A writ directed to the person detaining another and

commanding him to produce the body of the prisoner at a
certain time and place, with the day and the cause of his
caption and detention, to do, to submit to, and receive
whatsoever the court or judge awarding the writ shall
consider in that behalf (Illusorio v. Bildner, GR 139789, May
12, 2000).
Writ of Habeas Corpus

• Kinds of Writ of Habeas Corpus:

– Preliminary Citation - If the person is detained under
governmental authority and the illegality of his detention is not
patent from the petition for the writ, the court issues the citation
to the government officer having custody to show cause why
the writ of habeas corpus should not issue.
– Peremptory Writ - If the cause of the detention appears to be
patently illegal. Non-compliance with this is punishable (Lee
Yick Hon v. The Insular Collector of Customs, GR L-16779,
March 30, 1921)
Writ of Habeas Corpus

• Habeas corpus extends to:

– Cases of Illegal Confinement or Detention by which a person is
deprived of his liberty; and
– Cases by which the rightful custody of the person is withheld
from the person entitled thereto.
NOTE: Actual physical restraint is not required, any
restraint which will prejudice freedom of action is sufficient
(Moncupa v. Enrile, GR 63345, Jan. 30, 1986).
Writ of Habeas Corpus

• The writ may be availed of as a consequence of a judicial

proceeding, such as the following:
– There has been a deprivation of a constitutional right resulting
in the restraint of a person;
– he Court has no jurisdiction to impose the sentence;
– An excessive penalty has been imposed, as such sentence is
void as to such excess (Harden v. Director of Prisons, GR L-
2349, Oct. 22, 1948)
– Where the law is amended, as when the penalty is lowered.
Obtain freedom after serving minimum sentence when the
penalty under an old law has been reduced by an amendatory
law (Cruz v. Director of Prisons, GR L-6497, Nov. 3, 1910);
– Denial of Right to Speedy Trial (since it is jurisdictional)
– Where the results of post-conviction DNA testing are favorable
to the convict;
– Enable the parents to regain custody of a minor child, even if
the latter be in the custody of a third person of her own free will
(Salvaña v. Gaela, GR L-341155, Feb. 21, 1931);
Writ of Amparo

• A remedy available to any person whose 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 individual or entity.
• It extra-legal killing and enforced
covers
disappearances or threats thereof (applicable in
pending cases due to remedial nature of the writ).
Writ of Amparo

• Extra-legal killings
– killings committed without due process of law (e.g. salvage,
summary and arbitrary executions)

• Enforced disappearances
– Arrest, detention or abduction of a person;
– By a government officer or organized groups or private
individuals acting with direct or indirect acquiscence of the
government;
– Refusal of the state to disclose the fate or whereabouts of the
person concerned or refusal to acknowledge the deprivation of
liberty;
– The intent of which is to place such persons outside the
protection of law;
NOTE:
• The writ of amparo, in its present form, is confined only to
these two instances of “extralegal killings and enforced
disappearances” (Rev. Fr. Reyes v. CA, GR 182161, Dec.
3, 2009);
• It is not a writ to protect concerns that are purely property
or commercial (Tapuz, et. al. v. Judge Del Rosario, GR
182484, Jun. 17, 2008
Writ of Habeas Data

• A remedy available to any person whose right to

PRIVACY in life, liberty or security is violated or
threatened with violation by an unlawful act or
omission of a public official or employee, or of a private
individual or entity engaged in the gathering. collecting or
storing of data or information regarding the person, family,
home and correspondence of the aggrieved party.
• The writ is generally designed to safeguard individual
freedom from abuse in the information age by means of
an individual complaint presented in a constitutional court.
It protects the image, privacy, honor, information, self-
determination and freedom of information of a person
(The Philippine Supreme Court's Bulletin, Benchmark
Online, Novemebr 2007).
NOTE:
• The writ of Habeas data cannot be invoked in labor
disputes where there is no unlawful violation of the right to
life, liberty or security (Meralco v. Lim, GR 184769, Oct. 5,
2010);
• Habeas data cannot be invoked when respondents in the
petition for issuance of the writ are not gathering,
collecting, or storing data or information (Castillo v. Cruz,
GR 182165, Nov. 25, 2009);