3. EL TEATRO COMO RECURSO EDUCATIVO
3.1. La cuestión terminológica
3.1.1. Teatro o dramatización
A. Amparo
Under A.M. No. 07-09-12-SC, the Rule on the Writ of Amparo, anyone whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity can file a SIGNED AND VERIFIED petition for the issuance of a writ of amparo. BUT, it is not available for violations or threatened violations of the right to property per se, except when the right to property is connected to the right to liberty such that the latter right cannot be vindicated without addressing the threat to or violation of the right to property.
The petition can be filed SUCCESSIVELY (or by DEFAULT) by the following: an aggrieved party; a member of his immediate family (i.e., spouse, children & parents); an ascendant, descendant or collateral relative within the 4thcivil degree of consanguinity or affinity; and in default of all the foregoing, by a concerned citizen, organization, association or institution. The filing by a more prior party suspends the right of all others to file similar petitions. NOTE that even if the Rule did not expressly require so, if the petition was filed by any of the relators, a statement must be made that the aggrieved party did not, or could not file the petition.
The petition may be filed on any day, or at any time with any of the following courts, and the writ is enforceable anwhere in Philippines.
a. RTC of place where the threat, act or omission was committed or any of its elements occurred
b. Sandiganbayan or Court of Appeals or any justice there
c. Supreme Court or any justice there The petition MUST include all of the following: 1. Personal Circumstances of the Petitioner 2. Name and Personal Circumstances of the
Respondent Responsible OR if the Name is Unknown or Uncertain, his Assumed Appellation
3. Right to Life, Liberty and Security of the Aggrieved Party Violated or Threatened, Act/s Allegedly Violative of Said Rights and the Attendant Circumstances
4. Investigation Conducted, if any, the Investigating Authority, the Manner and Conduct Thereof and any Report thereon 5. Actions and Recourses Taken by the
Petitioner to Determine the Fate or Whereabouts of the Aggrieved Party and the Identity of the Person Responsible
6. Relief Prayed For
*7. Certification against Forum Shopping WON this certification is necessary is
debatable. The Rule does not expressly require a Certification and the Rule forbids the filing of a motion to dismiss. HOWEVER, Sec. 5, Rule 7, RoC, which is the general rule on all initiatory pleadings may be used to justify the need for such a certification.
The VERIFIED return and supporting affidavits, which must be filed within 72 HOURS after service of writ MUST include all of the following: 1. Lawful Defenses
2. Steps or Actions Taken by the Respondent to Ensure the Security and Confidentiality of the Data or Information
3. All Relevant Information in the Respondent’s Possession
4. If the Respondent is a Public Official or Employee, he must further state the actions that have been or will still be taken to: a. verify the identity of the aggrieved party b. recover and preserve evidence
c. identify witnesses and obtain statements from them
d. determine the cause, manner, location and time of death or disappearance + any pattern or practice
e. identify and apprehend the person/s involved
f. bring the suspected offenders before a competent court
The Rule provides for four INTERIM reliefs for the petitioner, to wit: a temporary protection order, an inspection order, production order and witness protection order. On the other hand, two INTERIM reliefs are provided for the respondent, namely: an inspection order and a production order.
The judgment must be rendered within 10 days from the time the petition was submitted for decision, while an appeal under Rule 45, RoC on the basis of questions of fact and/or law must be filed within 5 working days from notice of adverse judgment.
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L E G A L F O R M SThe following are PROHIBITED pleadings and motions:
1. motion to dismiss
2. motion for extension of time to file return, opposition, affidavit, position paper and other pleadings
3. dilatory motion for postponement 4. motion for a bill of particulars 5. counterclaim or cross-claim 6. third-party complaint 7. reply
8. motion to declare respondent in default 9. intervention
10. memorandum
11. MR of interlocutory orders or interim relief orders
12. petition for CMP against any interlocutory order
Standard Form of a Petition for the Issuance of a Writ of Amparo:
[CAPTION AND TITLE]
Republic of the Philippines (COURT)
(Location) Name of Aggrieved Party or Relator,
Petitioner,
(Case No. _____________) - versus -
Name of Public Official/Employee Or Private Individual or Entity,
Respondent/s.
X --- X
PETITION
PETITIONER, by counsel, respectfully states that:
[PARTIES]
1. Petitioner/Relator is . . .
1.1. Personal/Professional Circumstances Relevant (if by Relator, state relationship of relator to victim)
1.2. Factual Statements Relevant to Grounds (Violation of Right to Life, Liberty and Security of Person or Threat thereof)
1.3. Contact Details 1.4. Other Relevant Details 2. Respondent/s is/are . . .
2.1. Personal/Professional Circumstances Relevant 2.2. Contact Details
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L E G A L F O R M S3.1. Chronology of Events Relevant to the right violated (e.g., enforced disappearance or extrajudicial killing) 3.2. Statement as to Judicial Affidavits (if any) of witnesses
3.3. Statement as to efforts exerted to vindicate the right/s and results of such efforts 4. Statement of Material Facts Relevant to Interim Reliefs (if any)
a. Temporary Protection Order b. Inspection Order
c. Production Order d. Witness Protection Order
5. Statement of Material Facts Relevant to Final Relief/s
[RELIEF]
WHEREFORE, . . .
(a) Interim Reliefs be granted immediately (b) Final Reliefs be granted after hearing (c) Interim Reliefs be made permanent (d) Other Reliefs be granted
[DATE AND PLACE]
[NAME AND SIGNATURE + ALL MATERIAL INFORMATION OF COUNSEL] [VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING] [AFFIDAVIT OF SERVICE AND EXPLANATION OF SERVICE]
Standard Form of a Return:
[CAPTION AND TITLE] [PARTIES]
[BODY]
1. Supporting Affidavits of respondents and their witness/es 2. Statement as to:
2.1. lawful defenses to show that respondent/s did not violate or threaten with violation the rights subject of the Petition;
2.2. the steps or actions taken to determine the fate or whereabouts of the AP and the persons responsible for the threat, act or omission
2.3. all relevant information in the possession of the respondent pertaining to the threat, act or omission against the AP;
2.4. [if the respondent is a public official/employee], add: actions taken or to be taken:
a. to verify the identity of the AP;
b. 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/s responsible;
c. to identify witnesses and obtain statements from them concerning the death or disappearance;
d. to determine the cause or manner, location and time of death, or disappearance as well as any pattern or practice that may have brought about the death or disappearance;
e. to identify and apprehend the person/s responsible; f. to bring the suspected offenders before a competent court. 3. Opposition to Interim Reliefs applied for
[RELIEFS]
[DATE AND PLACE]
[NAME AND SIGNATURE + ALL MATERIAL INFORMATION OF COUNSEL] [VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING] [AFFIDAVIT OF SERVICE AND EXPLANATION OF SERVICE]