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Writs table

Writs table

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I. GENERAL INFORMATION

GENERAL

INFO

H. CORPUS

AMPARO

H. DATA

KALIKASAN

C. MANDAMUS

NATURE

special proceeding

Prerogative writ, specpro

Twin of amparo

RIGHTS

PROTECTED

SCOPE

· Right to liberty;

· in cases of illegal

confinement;

· to regain rightful custody

of any person by a person

entitled thereto

- Actual violation of

right to liberty

· Right to life, liberty

and security (LLS)

-· Violations of right to

life liberty and security

- Threats of violation To

right to life, liberty and

security

Right to privacy in life, liberty

and security

- violations and threats to right

to privacy in LLS, against public

or private engaged in gathering,

collecting and storing data as to

person, family, home and

correspondence of aggrieved

party.

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PURPOSE

1. to determine the reason

and the legality of detention or

deprivation of liberty of a

person. 2. to

obtain immediate relief from

illegal confinement, to liberate

those who may be arbitrarily

imprisoned, and to deliver

them from unlawful custody

1. To determine whether

an enforced

disappearance (ED), EJK

or threats thereof had

transpired

2. To ensure all efforts of

disclosure and

investigation regarding

ED, EJK or threats are

undertaken

3. Address the

disappearance

Preventive - breaks the

expectation of impunity of

committing EJKs and

EDs

Curative- facilitates the

subsequent punishment

of crimes

EXHAUSTION OF

REMEDIES

REQUIRED?

GR: YES! REQUIRED

E: NO, in exceptional

circumstances.

· NOT REQUIRED

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I. GENERAL INFORMATION GENERAL INFO H. CORPUS NATURE special proceeding RIGHTS PROTECTED & SCOPE · Right to liberty; · in cases of illegal confinement; · to regain rightful custody of any person by a person entitled thereto Actual violation of right to liberty AMPARO Prerogative writ, specpro · Right to life, liberty and security (LLS) -· Violations of right to life liberty and security - Threats of violation To right to life, liberty and security H. DATA Twin of amparo Right to privacy in life, liberty and security - violations and threats to right to privacy in LLS, against public or private engaged in gathering, collecting and storing data as to person, family, home and correspondence of aggrieved party. KALIKASAN C. MANDAMUS PURPOSE 1. to determine the reason and the legality of detention or deprivation of liberty of a person. 2. to obtain immediate relief from illegal confinement, to liberate those who may be arbitrarily imprisoned, and to deliver them from unlawful custody 1. To determine whether an enforced disappearance (ED), EJK or threats thereof had transpired 2. To ensure all efforts of disclosure and investigation regarding ED, EJK or threats are undertaken 3. Address the disappearance · · · · · · Preventive - breaks the expectation of impunity of committing EJKs and EDs Curative- facilitates the subsequent punishment of crimes EXHAUSTION OF REMEDIES REQUIRED? GR: YES! REQUIRED E: NO, in exceptional circumstances. · NOT REQUI ...
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