Republic
of the Philippines
SUPREME
COURT
Manila
EN
BANC
A.M.
No. 07-9-12-SC
October
16, 2007
.THE
RULE ON THE WRIT OF AMPARO.
(Amended
Section 9 & 11)
RESOLUTION
Pursuant to the action of the Court en banc in its session held on
October 16, 2007, Sections 9 and 11 of the Rule on the Writ of Amparo
are hereby AMENDED to read as follows:
Sec.
9. Return; Contents. - Within FIVE (5) WORKING DAYS after service of
the writ, the respondent shall file a verified written return together
with supporting affidavits which shall, among other things, contain the
following:
(a)
The lawful defenses to show that the respondent did not violate or
threaten with violation the right to life, liberty and security of the
aggrieved party, through any act or omission;
(b)
The steps or actions taken by the possession to determine the fate or
whereabouts of the aggrieved party and the person or persons
responsible for the threat, act or omission;
(c)
All relevant information in the possession of the respondent pertaining
to the threat, act or omission against the aggrieved party; and
(d)
If the respondent is a public official or employee, the return shall
further state the actions that have been or will still be taken:
(i)
to verify the identity of the aggrieved party;
(ii)
to recover and preserve evidence related to the death or disappearance
of the person identified in the petition which may aid in the
prosecution of the person or persons responsible;
(iii)
to identify witnesses and obtain statements from them concerning the
death or disappearance;
(iv)
to determine the cause, manner, location and time of death or
disappearance as well as any pattern or practice that may have brought
about the death or disappearance;
(v)
to identify and apprehend the person or persons involved in the death
or disappearance; and
(vi)
to bring the suspected offenders before a competent court.
THE PERIOD TO FILE A RETURN CANNOT BE EXTENDED EXCEPT ON HIGHLY
MERITORIOUS GROUND.
The return shall also state other matters relevant to the
investigation, its resolution and the prosecution of the case.
A general denial of the allegations in the petition shall not be
allowed:
Sec.
11. Prohibited Pleadings and Motions.- The following pleadings and
motion are prohibited:
(a)
Motion to dismiss;
(b)
Motion for extension of time to file opposition, affidavit, position
paper and other pleadings;
(c)
Dilatory motion for postponement;
(d)
Motion for a bill of particulars;
(e)
Counterclaim or cross-claim;
(f)
Third-party complaint;
(g)
Reply;
(h)
Motion to declare respondent in default;
(i)
Intervention;
(j)
Memorandum;
(k)
Motion for reconsideration of interlocutory orders or interim relief
orders; and
(l)
Petition for certiorari, mandamus or prohibition against any
interlocutory order.
The amendments to the Rule shall take effect on October 24, 2007
following its publication in three (3) newspapers of general
circulation.
October 16, 2007
(Sgd.)
RENATO
S. PUNO
Chief
Justice
(Sgd.)
LEONARO
A. QUISUMBING
Associate
Justice
(Sgd.)
CONSUELO
YNARES-SANTIAGO
Associate
Justice
(Sgd.)
ANGELINA
SANDOVAL-GUTIERREZ
Associate
Justice
(Sgd.)
ANTONIO
T. CARPIO
Associate
Justice
(Sgd.)
MA.
ALICIA AUSTRIA-MARTINEZ
Associate
Justice
(Sgd.)
RENATO
C. CORONA
Associate
Justice
(Sgd.)
CONCHITA
CARPIO MORALES
Associate
Justice
(Sgd.)
ADOLFO
S. AZCUNA
Associate
Justice
(Sgd.)
DANTE
O. TINGA
Associate
Justice
(Sgd.)
MINITA
V. CHICO-NAZARIO
Associate
Justice
(Sgd.)
CANCIO
C. GARCIA
Associate
Justice
(Sgd.)
PRESBITERO
J. VELASCO, JR.
Associate
Justice
(Sgd.)
ANTONIO
EDUARDO B. NACHURA
Associate
Justice
(Sgd.)
RUBEN
T. REYES
Associate
Justice
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