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Doctrines Political Law

What is Writ of Kalikasan?

This writ is a remedy available to any person whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces. – Rule 7, Rules of Procedure for Environmental Cases

The writ of Kalikasan is a legal remedy from the Philippines, from its Article II Section 16 of 1987 Constitution, “The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.”

Kalikasan is a Filipino word for “nature.”

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Doctrines Political Law

What is Writ of Amparo?

The petition for a writ of Amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ shall cover extralegal killings and enforced disappearances or threats thereof. – The Rule on the Writ of Amparo, A.M. No. 07-09-12-SC

The writ of Amparo serves both preventive and curative roles in addressing the problem of extralegal killings and enforced disappearances. It is preventive in that it breaks the expectation of impunity in the commission of these offenses; it is curative in that it facilitates the subsequent punishment of perpetrators as it will inevitably yield leads to subsequent investigation and action. In the long run, the goal of both the preventive and curative roles is to deter the further commission of extrajudicial killings and enforced disappearances. – The Secretary of National Defense, et al, vs. Manalo, G.R. No. 180906, October 7, 2008

The writ of Amparo came from Latin America.

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Doctrines Political Law

What is Writ of Habeas Corpus?

To what habeas corpus extends. – Except as otherwise expressly provided by law, the writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person entitled thereto. – Section 1, Rule 102, Revised Rules of Court

A writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention. – Oxford Dictionary

A writ of habeas corpus (which literally means to “produce the body”) is a court order demanding that a public official (such as a warden) deliver an imprisoned individual to the court and show a valid reason for that person’s detention. – Criminal.FindLaw.com

The writ of Habeas Corpus originated in England.