From the Supreme Court website, we learned that the writ of amparo, described by Chief Justice Reynato S. Puno as "the greatest legal weapon to protect the constitutional rights of our people," registered the first score with the release of a youth leader taken by the military.

It was the first known successful amparo petition.

According to the report, Judge Reinerio B. Ramas of Branch 18 of the Regional Trial Court of Pagadian City, Zamboanga del Sur has ordered the release of Ruel Muñasque, 33 years old and a leader of the Christian Youth Fellowship of the United Church of Christ in the Philippines (UCCP), from the military's custody Last Nov. 7, in the first hearing in the amparo petition filed by Muñasque's family.

* * * * * * *

Reports said that while on his way to Pagadian City, Muñasque, along with his companion, Roger Morales, was taken by soldiers of the 53rd Infantry Battalion on October 24.

While Morales was freed a few hours later, Muñasque remained missing, prompting his family to file a petition on October 30 for the issuance of a writ of amparo in the RTC of Pagadian City.

Named as respondents in the petition were Major General Nehemias Pajarito, Chief of the 1st Infantry Division, and Major Samuel Gayo Ngorsa, Commander of the Army's 53rd Infantry Battalion. The case was initially set for hearing last Nov. 7.

* * * * * * *

During the said hearing, the military did not deny having custody of Muñasque, but claimed that the latter had waived his right to question his detention. Finding that the military had no cause to hold Muñasque, Judge Ramas ordered his release.

It was a little over two weeks ago on Oct. 24 that the Rule on the Writ of Amparo took effect.

The Supreme Court Committee on the Revision of the Rules of Court, which had drafted the Rule, deemed it proper that the birth of the Rule in the Philippines falls on the same day as the celebration of United Nations Day as a strong affirmation of our commitment towards the internationalization of human rights.

* * * * * * *

As already amplified in this corner several issues back, Amparo comes from the Spanish word amparar, which literally means "to protect."

The writ of amparo may be availed of by any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission by public officials or employees and by private individuals or entities.

The High Tribunal promulgated the Amparo Rule pursuant to the recommendations from the National Consultative Summit on Extrajudicial Killings and Enforced Disappearances called last July by Chief Justice Puno.

* * * * *

For comments and suggestions, just e-mail to the following e-mail addresses: obiter@boholchronicle.com