Legal Question in Family Law in Philippines
writ of amparo
what is writ of amparo? can i get my children right away with this kind of petition? what will i expect?thank you for the enlightenment
2 Answers from Attorneys
Re: writ of amparo
Writ of Amparo is a new procedure in Manila. This would allow relatives of the victims of "forced disappearances" to have another straw of hope to determine the whereabouts of the relatives. This is not however the process to justify the "custody" of someone. The most appropriate would be for you to file a Petition for Habeas Corpus. Thanks
Re: writ of amparo
A of Writ of Amparo is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.
The writ will provide the victims of extralegal killings and enforced disappearances the protection they need and the promise of vindication for their rights.
However, in order to gain the custody of your children your remedy is to either file the petition for custody or habeas corpus.
For a detailed discussion on child custody and habeas corpus you can check http://www.philattorney.blogspot.com