THE Supreme Court has affirmed that the writ of amparo is a remedy to provide relief against threats and extralegal killings.
The High Court issued this ruling after it ruled in favor of widow Christina Gonzales, whose husband was killed in an alleged anti-drug operation by members of the Antipolo City Police Station Anti-Illegal Druga Special Operations Task Force (ACPS-AIDSOTF) on July 5, 2016.
The writ of amparo (a Spanish word that means protection) is a special writ to protect or enforce a constitutional right other than physical liberty. The rules on the writ were approved by the SC in September 2007.
“The writ of amparo is a protective remedy aimed at providing judicial relief consisting of the appropriate remedial measures and directives that may be crafted by the court, in order to address specific violations or threats of violation of the constitutional rights to life, liberty, or security,” the Court said in its decision penned by Associate Justice Jhosep Lopez.
The decision said the SC’s Second Division unanimously denied the petition for review filed by law enforcement officers from Antipolo City questioning the November 26, 2018 decision and the April 29, 2019 resolution of the Court of Appeals that upheld the writ of amparo issued in favor of Gonzales.
The appellate court’s decision also recommended the filing of civil, criminal, and administrative charges against Police Insp. Aristone Dogwe, Police Officer 2 Mark Riel Canilon, and other members of the ACPS-AIDSOTF.
In denying the petition, the Court recognized the death of Joselito Gonzales as an extralegal killing and upheld the findings of the CA that Christina had reasons to fear for her life.
The couple had been arrested for using and selling illegal drugs but were eventually released after paying P50,000 as demanded by the police officers.
