Professional Documents
Culture Documents
Brief background
First adopted in Mexico 1957
Amparo literally means PROTECTION
Broader in scope that WHC in that it protects a person against illegal arrest & violation of human rights
SC may adopt amparo in order to effectively shield a person against the violation of human rights by arbitrary authorities
Justice Azucena defined amparo
o Special constitutional writ to protect or enforce a constitutional right (other than physical liberty) in consonance with
the power of the SC to adopt rules to protect & enforce constitutional rights
Immediately issues? Yes if on its face out to issue writ shall set the date & time for summary hearing of the petition not later than 7
days from date of issuance
Punishment of clerk of court for refusal to issue writ contempt without prejudice to other disciplinary actions
How served? By a judicial officer or by a person deputized by the court who shall retain a copy on which to make a return of service
In case cannot be served personally Substituted service