The rule unfortunately contains provisions that may be abused by the executive branch and make it difficult for victims of human rights violations to avail of its remedies. The expansion in scope of respondents and the hierarchy of petitioners, unless the Court liberally interprets the provision under Sections 1 and 2, may hinder speedy response from human rights organizations. The provision allowing the respondent “production or inspection “may also be an arena for abuse.

The rule provides for a summary and immediate recourse in the filing of the petition by providing for strict periods under which a return is made and for the courts to decide. It is unclear, however, whether the periods will still apply if the petition is on appeal under Rule 45. Hopefully, dilatory tactics on appeal will be disallowed.

The entire process is of course “court dependent” [considering that is part of the rules of court], subject to the vagaries of the justice system such as whether or not a judge is corrupt, biased in favor of government, can withstand threats and pressure from powerful respondents, and whether the judiciary can assert itself should the military disregard its orders.

Based on the above, it is advised that only petitions based on very strong evidence or important issues be initially filed, at least in the first few months after the effectivity of the rule. A careful study by human rights lawyers of the possible cases and options becomes imperative considering the vagueness of some portions of the rule and the possible obstacles that the executive will put up to defeat the rule.

Despite possible venues for abuse, the rule on the writ of amparo contains many provisions that may be used to pierce the veil of impunity that shrouds the justice system. Whether or not the writ of amparo becomes an effective tool in the battle against impunity, the active participation of the victims, their families and human rights advocates in the quest for justice should never be abandoned. The writ of amparo, or any rule for that matter, will always be insufficient to stop institutionalized human rights violations without the involvement of the most important pillar of the justice system—the people.(Bulatlat.com)

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