Writ of Amparo

What is the writ of Amparo?

• [REMEDY] A remedy available to any person whose right to life, liberty and security is violated or threatened

• [ WHAT] with violation by an unlawful act or omission

• [WHO] of a public official or employee, or of a private individual or entity.

It can only be called upon if there is…

• It can only be called upon if there is state participation (direct or indirectly)  in the threat to life, liberty, or security. 

  • It Calls for protection

  • If the threat or violation comes from purely private actors, then the writ of amparo is not the correct judicial remedy

  • They may ask for other remedies such as protection orders, criminal complaints, or civil actions

Writ of Habeas Corpus vs. Writ of Amparo

Who may file the writ of Amparo? 

• the aggrieved party or any qualified persons in the ff order may file for the writ of amparo:

  • Any immediate family member (spouse, children, parents)

  • Any ascendant, descendant or collateral relative within the fourth civil degree (grandparents/children, siblings, cousins)

  • Any concerned citizen, organization or association if there is no known immediate family present. 

Can be writ of Amparo be suspended during martial law?

• NO

• Unlike Habeas Corpus, Amparocannot be suspended during martial law. This is because the Writ of Amparo is extra-constitutional and is not subject to any suspension

When is it available

• [WHOM]Available to any person whose right to life, liberty, and security

• [HOW] is violated or threatened

• [WHAT] by an unlawful act or omission

• [WHO] of a public official or employee, or of a private individual or entity.