"x x x.
The privilege of the Writ of Amparo should be distinguished from the actual order called the Writ of Amparo.1 The privilege includes availment of the entire procedure outlined in A.M. No. 07-9-12-SC, the Rule on the Writ of Amparo. After examining the petition and its attached affidavits, the Return and the evidence presented in the summary hearing, the judgment should detail the required acts from the respondents that will mitigate, if not totally eradicate, the violation of or the threat to the petitioner’s life, liberty or security.
A judgment which simply grants “the privilege of the writ” cannot be executed. It is tantamount to a failure of the judge to intervene and grant judicial succor to the petitioner. Petitions filed to avail of the privilege of the Writ of Amparo arise out of very real and concrete circumstances. Judicial responses cannot be as tragically symbolic or ritualistic as “granting the privilege of the Writ of Amparo.”
The procedural irregularities in the RTC affected the mode of appeal that petitioners used in elevating the matter to this Court.
It is the responsibility of counsels for the parties to raise issues using the proper procedure at the right time. Procedural rules are meant to assist the parties and courts efficiently deal with the substantive issues pertaining to a case. When it is the judge himself who disregards the rules of procedure, delay and confusion result.
The Petition for Review is not the proper remedy to assail the interlocutory order denominated as “Decision” dated 20 March 2012. A Petition for Certiorari, on the other hand, is prohibited[25]. Simply dismissing the present petition, however, will cause grave injustice to the parties involved. It undermines the salutary purposes for which the Rule on the Writ of Amparo were promulgated.
In many instances, the Court adopted a policy of liberally construing its rules in order to promote a just, speedy and inexpensive disposition of every action and proceeding[26]. The rules can be suspended on the following grounds: (1) matters of life, liberty, honor or property, (2) the existence of special or compelling circumstances, (3) the merits of the case, (4) a cause not entirely attributable to the fault or negligence of the party favored by the suspension of the rules, (5) a lack of any showing that the review sought is merely frivolous and dilatory, and (6) the other party will not be unjustly prejudiced thereby[27]
x x x."
