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A Writ of Kalikasan is a legal remedy under Philippine law that provides protection of one's constitutional right to a healthy environment, as outlined in Section 16, Article II of the Philippine Constitution, which states that 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."
In the Philippines, amparo and habeas data are prerogative writs to supplement the inefficacy of the writ of habeas corpus (Rule 102, Revised Rules of Court). Amparo means 'protection,' while habeas data is 'access to information.' [1] Both writs were conceived to solve the extensive Philippine extrajudicial killings and forced disappearances since 1999.
Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s /; Latin for "you [shall] have the body") is a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. In the Bill of Rights of the Philippine constitution, habeas corpus is guaranteed in terms almost identically to those used in the U.S. Constitution.
[2]: 364 Environmental protections were further enhanced through the approval of the writ of kalikasan in 2010, which provided protections against extreme environmental damage. [8]: 17 [9]: 128 [10] Both of these writs came with a provision that removed filing fees.
The writ is comparable to the writ of amparo and the writ of habeas corpus. [79] In contrast, this writ protects one's right for a healthy environment rather than constitutional rights. [80] The Writ of Kalikasan originated in the Philippines, whereas the two aforementioned writs have roots in European and Latin American law. [79]
Puno also stated that the court will soon issue rules on the writ of habeas data and the implementing guidelines for Habeas Corpus. The petition for the writ of amparo may be filed "on any day and at any time" with the Regional Trial Court, or with the Sandiganbayan, the Court of Appeals, and the Supreme Court. The interim reliefs under amparo ...
Brazil: The 1988 Brazilian constitution stipulates that: "habeas data shall be granted: a) to ensure the knowledge of information related to the person of the petitioner, contained in records or databanks of government agencies or of agencies of a public character; b) for the correction of data, when the petitioner does not prefer to do so through a confidential process, either judicial or ...
The writ of habeas corpus may be suspended in order to prevent any violence in cases of rebellion or insurrection, as the case may be. In Philippine jurisdiction, the present 1987 Philippine Constitution , Article III, Section 15 provides that “The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or ...