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AMPARO, WRIT OF

AMPARO, WRIT OF

Petition for –– Requires the amparo respondent to state in the return the actions that have been or will still be taken: (a) to verify the identity of the aggrieved party; (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 or persons responsible; (c) to identify witnesses and obtain statements from them concerning the death or disappearance; (d) to determine the cause, 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 or persons involved in the death or disappearance; and (f) to bring the suspected offenders before a competent court. (Gen. Bautista vs. Atty. Dannug-Salucon, G.R. No. 221862, Jan. 23, 2018)

––      The petition for the writ of amparo partakes of a summary proceeding that requires only substantial evidence to make the appropriate interim and permanent reliefs available to the petitioner. (Gen. Bautista vs. Atty. Dannug-Salucon, G.R. No. 221862, Jan. 23, 2018)

––      The respondent who is a public official or employee must prove that extraordinary diligence as required by applicable laws, rules and regulations was observed in the performance of duty; the respondent public official or employee cannot invoke the presumption that official duty has been regularly performed to evade the responsibility or liability. (Gen. Bautista vs. Atty. Dannug-Salucon, G.R. No. 221862, Jan. 23, 2018

Source: Supreme Court of the Philippines

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