Promulgated in October 24, 2007.

First time that the Supreme Court

exercised its
expanded power in the 1987 Constitution to promulgate rules to protect
the
Coverage of which is confined to:
o Extralegal killings killings committed without due process of the law
o Enforced disappearances an arrest, detention or abduction by the
government; refusal of the State to disclose the fate or whereabouts
places
him outside the protection of the law
Amparo literally means protection in Spanish. Writ of Amparo
originated in
Mexico (Yucatan State). Eventually incorporated into the Mexican
Constitution in
1847. Spread across the Western hemisphere and eventually to the
Philippines.
Provides for swift relief because of the summary nature of its
proceedings. Only
substantial evidence is required.
There is still a threat to the life, liberty, and a violation of their right to
security of
the Manalo brothers because their captors, whom they escaped from, still
remain at
large.
o Right to security is in Art. III, Sec. 2 of the 1987 Constitution.
o It is the right to enjoyment of life.
Three ways of exercising right to security:
o Freedom from fear.
Enunciated in the Universal Declaration of Human Rights (UDHR)
Article 3
Everyone has the right to life, liberty and security of person.
I o o p on o
l m n om om
International Covenant on Civil and Political Rights (ICCPR), Art. 9
(1)
Everyone has the right to liberty and security of person.
om om n n threat to the rights to
life, liberty or security is the actionable wrong. Fear is a state
of mind, a reaction; threat is a stimulus, a cause of action. (PH is
a signatory to both conventions)
o Guarantee of bodily and psychological integrity or security.
Article III, Section II of the 1987 Constitution guarantees against
search without warrant
ELKs and EDs involve Physical torture, force, and violence are a
severe invasion of bodily integrity.
It constitutes an invasion of both bodily and psychological integrity
as the dignity of the human person includes the exercise of free will
Note: The consti also guarantees against torture
o G n o p o on o on Go nm n
 The writ of amparo, this right is built into the guarantees of the
right to life and liberty under Article III, Section 1 of the 1987
Constitution and the right to security of person under Article III,
Section 2.
Protection includes conducting effective investigations, organization
of the government apparatus to extend protection to victims of ELKs

and EDs as well as their families

Right to security of persons can exist independently of the right to
liberty. (the court cited several cases here, Delgado Paez v. Colombia;
Bwaya v. Zambia; Bahamonde v. Equatorial Guinea)
They have a positive duty to protect right to liberty and not just a
prohibition for arbitrary deprivation of such rights. (ECHR in Kurt v.
Turkey)
The continuing threat on the life of the Manalo brothers is apparent.
This threat
vitiates their free will because they are forced to limit their movements
and
activities. Threats to liberty, security, and life are actionable through a
petition
for a writ of amparo.
The military failed to provide protection for the respondents. They were
even the
ones who actually tortured them. The one-day investigation conducted by
Jimenez
was limited, superficial and one-sided.
In m on l pon n o om om
violated by the apparent threat to their life, liberty and security of person.
Their
right to security as a guarantee of protection by the government is
likewise violated
by the ineffective investigation and protection on th p o m l