“x x x.
At the outset, it must be emphasized that the writs of amparo and habeas data were promulgated to ensure the protection of the peoples rights to life, liberty and security.[57] The rules on these writs were issued in light of the alarming prevalence of extrajudicial killings and enforced disappearances.[58] The Rule on the Writ of Amparo took effect on 24 October 2007,[59] and the Rule on the Writ of Habeas Data on 2 February 2008.[60]
The writ of amparo is an extraordinary and independent remedy that provides rapid judicial relief, as it partakes of a summary proceeding that requires only substantial evidence to make the appropriate interim and permanent reliefs available to the petitioner.[61] It is not an action to determine criminal guilt requiring proof beyond reasonable doubt, or liability for damages requiring preponderance of evidence, or administrative responsibility requiring substantial evidence that will require full and exhaustive proceedings.[62] Rather, it serves both preventive and curative roles in addressing the problem of extrajudicial killings and enforced disappearances.[63] It is preventive in that it breaks the expectation of impunity in the commission of these offenses, and it is curative in that it facilitates the subsequent punishment of perpetrators by inevitably leading to subsequent investigation and action.[64]
X x x.”
IN THE MATTER OF THE PETITION FOR THE WRIT OF AMPARO AND HABEAS DATA IN FAVOR OF NORIEL H. RODRIGUEZ: NORIEL H. RODRIGUEZ, Petitioner, versus GLORIA MACAPAGAL-ARROYO, GEN. VICTOR S. IBRADO, PDG JESUS AME VERSOZA, LT. GEN. DELFIN BANGIT, MAJ. GEN. NESTOR Z. OCHOA, P/CSUPT. AMETO G. TOLENTINO, P/SSUPT. JUDE W. SANTOS, COL. REMIGIO M. DE VERA, an officer named MATUTINA, LT. COL. MINA, CALOG, GEORGE PALACPAC under the name HARRY, ANTONIO CRUZ, ALDWIN BONG PASICOLAN and VINCENT CALLAGAN, Respondents. G.R. No. 191805, November 15, 2011.
