short definition of Writ of Habeas Corpus and Writ of Amparo

1. Writ of Habeas Corpus
Writ of Amparo

2. Art. III Sec. 15
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.

3. Writ of Habeas Corpus
- An order issued by a court to a person
detaining another, to produce the body of
the prisoner at a certain time and
place, and to show sufficient cause for
holding in custody the individual.
- Habeas Corpus: “to bring the body”

4. Writ of Habeas Corpus (cont.)
Principal purpose: To set the individual at
liberty.
Privilege of the writ- further order from the
court to release an individual if it finds his
detention without legal cause or authority.

5. Suspension of the privilege of the writ
• May be suspended by the President in case of:
-invasion
-rebellion
-when the public safety requires it.
• The suspension in effect, allows arrests and seizures
without warrants issued by the courts.

6. Writ of Amparo
• Amparo: “protection”
• Can be invoked when the right to
life, liberty or security of a person is
violated or threatened with violation by an
unlawful act of a public official or employee
or of a private individual or entity.

7. Writ of Amparo (cont.)
• Prohibits respondents from using the defense of simple
denial.
• Evidence or documents are needed to support claims
that they did not violate the rights to life, liberty or
security of the aggrieved party.
• The court may issue any of the following:
• Temporary protection order
• Inspection order
• Production order
• Witness protection order