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SC Brings Dialogue on Protective Writs to Cebu
September 16, 2024
Senior Associate Justice Marvic M.V.F. Leonen, Chairperson of the Supreme Court Committee on Human Rights and International Humanitarian Law, delivers the opening remarks on Day 1 of the September 4-5, 2024 sessions of the Focus Group Discussion on the Writs of Habeas Corpus, Amparo, and Habeas Data, held at the University of San Carlos, Downtown Campus, Cebu City.
The Supreme Court Committee on Human Rights and International Humanitarian Law (Human Rights Committee), chaired by Senior Associate Justice Marvic M.V.F. Leonen, held multi-sectoral focus group discussions (FGDs) on the protective writs of habeas corpus, amparo, and habeas data on September 2-3 and 4-5, 2024, at the University of San Carlos, Downtown Campus, Cebu City.
This was the second leg of consultations, following the Baguio sessions held last July.
SAJ Leonen was joined by Associate Justice Samuel H. Gaerlan during the September 2-3 sessions, and by Associate Justice Jhosep Y. Lopez during the September 4-5 sessions.
The FGDs aim to gain a deeper understanding on how the protective writs may be strengthened to continually guarantee the fundamental rights to life, liberty, security, and the full protection of human rights for all.
A writ of habeas corpus is an order issued by a court directed to persons detaining another, commanding them to produce the body of the person whose liberty is being restrained at a designated time and place, and asking them to show sufficient cause for the continued custody of the person so detained.
A writ of amparo, on the other hand, is an order of the court protecting persons from violation or any threat of violation of the right to life, liberty and security, while a writ of habeas data is a judicial remedy meant to protect a person’s right to control information regarding oneself, particularly in instances where such information is being collected through unlawful means in order to achieve unlawful ends.
Participants from different areas in the Visayas and Mindanao were invited to the second leg of FGDs in Cebu City. The September 2-3 FGD was attended by participants from civil society groups, non-governmental organizations, human rights defenders, and legal practitioners. Meanwhile, among the participants of the September 4-5 FGD were Members of the Judiciary, including Hon. Pamela Ann Abella Maxino, Hon. Evalyn M. Arellano-Morales, Hon. Marilyn B. Lagura-Yap, Hon. Bautista G. Corpin, Jr., Hon. Nancy C. Rivas-Palmones, Hon. Ana Marie T. Mas, Hon. Mercedita G. Dadole-Ygnacio, Hon. Ronald S. Tolentino, Hon. Rogelio G. Largo, and Hon. John Z. Lee, law professors, and representatives from the Commission on Human Rights.
During the FGDs, SAJ Leonen stressed that rules are often contextual and evolving, highlighting the need to make them responsive. Thus, “[r]ules are not permanent. Sometimes it is important to state a general rule with some exceptions given the circumstances and that will apply for a particular historical period.”
SAJ Leonen also highlighted the importance of consulting various groups in the amendments of the writs: “You are trying to assert a certain perspective that sometimes people in government or judges cannot see. Your position is perennial and always at the level of critique that can evolve to dissent.”
The University of San Carlos provided venue and logistical arrangements to ensure the smooth execution of the FGDs, as well as a conducive and supportive environment where participants felt comfortable sharing their knowledge and expertise on the protective writs.
The final leg of FGDs will be held in Mindanao this September. After which, the Human Rights Committee will proceed to convene a technical working group to draft the proposed amendments to the protective writs.
The Judiciary’s effort and commitment to assess the effectiveness and relevance of these rules form part of the Supreme Court’s Strategic Plan for Judicial Innovations 2022-2027.
The Human Rights Committee also encourages the public to provide inputs on how the courts can protect and uphold human rights better through these protective writs. Interested parties may submit their insights at humanrights@judiciary.gov.ph. (Courtesy of the Office of Senior Associate Justice Marvic M.V.F. Leonen)
Participants in the September 2-3, 2024 sessions of the Focus Group Discussion (FGD) on the Writs of Habeas Corpus, Amparo, and Habeas Data share their first hand experiences with the protective writs during the afternoon breakout sessions of the FGD on September 2, 2024. The September 2-3 FGD participants included representatives of civil society groups, non-governmental organizations; human rights defenders; and legal practitioners.
Supreme Court Associate Justice Samuel H. Gaerlan addresses representatives of civil society groups and non-governmental organizations; human rights defenders; and legal practitioners in his closing remarks during the September 2-3, 2024 sessions of the Focus Group Discussion on the Writs of Habeas Corpus, Amparo, and Habeas Data, held at the University of San Carlos, Downtown Campus, Cebu City.
Members of the Judiciary and the Academe discussed specific issues on the implementation of the protective writs during the breakout sessions of the Focus Group Discussion on the Writs of Habeas Corpus, Amparo, and Habeas Data on September 4, 2024 in Cebu City.
Supreme Court Associate Justice Jhosep Y. Lopez addresses the participating members of the Judiciary, law professors, and representatives from the Commission on Human Rights as he formally closes the September 4-5, 2024 sessions of the Focus Group Discussion on the Writs of Habeas Corpus, Amparo, and Habeas Data, held at the University of San Carlos, Downtown Campus, Cebu City.
Senior Associate Justice Marvic M.V.F. Leonen (center) poses for posterity with the Associate Justices of the Court of Appeals who took part in the Focus Group Discussion on the Writs of Habeas Corpus, Amparo, and Habeas Data on September 4, 2024 in Cebu City. In photo are (from left): Justice John Z. Lee, Justice Rogelio G. Largo, Justice Ronald S. Tolentino, Justice Bautista G. Corpin, Jr., Justice Evalyn M. Arellano-Morales, Justice Pamela Ann Abella-Maxino, Justice Mercedita G. Dadole-Ygnacio, Justice Nancy R. Palmones, Justice Ana Marie T. Mas, and Justice Marilyn B. Lagura-Yap.
Senior Associate Justice Marvic M.V.F. Leonen, Chairperson of the Supreme Court Committee on Human Rights and International Humanitarian Law, delivers the opening remarks on Day 1 of the September 4-5, 2024 sessions of the Focus Group Discussion on the Writs of Habeas Corpus, Amparo, and Habeas Data, held at the University of San Carlos, Downtown Campus, Cebu City.
